The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-04-07
SPECIAL SESSION BEGUN.
Supreme Court Convenes ut st. Johns
bury to Hear Arguments In Tive
Cases.

Cases.
st. Johnsbury, April 6. - The
Supreme Court of the State of YER
mont convened for a special session
yesterday at 10 o'clock. The trial
calendar included cases from Orleans,
Essex and Caledonia counties. There
were large number of the represen-
tatives of the bar IRON these three
counties present. The local lawyers
and those from out of town present
were Messrs. Hunt, Amey, Hight,
Cook, Norton, May, Blake, Dunnett,
Slack, Thayer, Fairbanks, Howe.
Immediately after the Court came
in, prayer was offered by DR.. G. w.
Hill of the North Congregational
church of this place.
The proclamation was then announ-
ced by the high sheriff, George F.
Winch of McIndoes The clerk then
called the docket. Essex county cases
were taken up first. The case of Paul
Lottinville VS.. Frank Markee, apt,
will not be heard this term. Mr..
Amey asked and obtained leave to
withdraw his appearance for the de-
PENDANT. Attorney George Hunt then
explained this his name appeared for
the defendant through some mistake
and his name was withdrawn.
The case of Joseph LaBlanc vs. the
Connecticut Valley Lumber Company
will be heard in it's order with the eX-
ception of its falling behind the cases
of Estabrook VS.. Atwood, and Stephen
Place VS.. Grand Trunk Railway Com
pany. This change in the order was
made accommodate counsel and by
the agreement of all concerned.
The case of John Gowan and Kitty
Gowan VS.. l.. w. Stevens, the last of
the Essex county cases will be heard
after the Place case.
The Orleans county case of Frank
F. Holbrook VS.. j. j. Quinlan & Com
pany and Bundy and May, trustees,
was entered mo hearing" Likewise
the Caledonia county case of Caledonia
County Grammar School VS.. George
r. Howard ct al. These two cases
will very likely be heard at the regu-
lar term at Montpelier in May.
The first case to be argued was the
quo warranto case from Caledonia
county. This case originated at Lyn-
donville and was the result of the
March election commonly called the
March Meeting. 1t seems that at the
March meeting there were two candi-
dates for the office of lister in the
town of Lyndon. The election was
by ballot and after two unsuccessful
ballots the third resulted in a decis-
to an agreed statement OF facts sub
mitted by the counsel for both sides
it is agreed that there were some votes
cast which were marked road COM
missioner" These were thirteen in
number. 1t seems that the board OF
civil authority three out these thir-
teen votes and that if they had been
ALLOWED they would have elected Mr.
Estabrooks. At hearing of the
case evidence was adduced to show
that the votes were intended to be cast
thus and so, and hence the questions
now before the Supreme Court are:
Was there latent ambiguity and il
so there was mistake anC
has the court the right to rec.
tify that mistake Z The defense
argued that there was no latent am.
biguity and that if parol testimony
or evidence was admitted to show thai
fact it violates the language used il
the ballot.
The arguments on both sides LASTED
about an hour and then the case wa.
referred to Judge Powers.
The next case taken up was that o
Stephen S. Place VS.. the Grand Trunl
Railway Company This is very i'm
portant case and involves some yer,
interesting questions of law. The cas-,
was resumed in the afternoon.