The Barre daily times. (Barre, Vt.) 1897-1959, 1911-02-07
TO BE EXEMPT
FIVE YEARS
L. H. Roscoe Won Suit AgainS
Town of Essex
In SUPREME COURT TODAY
Averill Murder Case and Hurlburt Case
Of Assault with Intent to Kill Were
a Second Time Continued
To-day.

The appeal of the respondent in the
case of State ys. Josephine Averll, for
numbering her husband, Frank, case
coming from Franklin county. was a
second time continued in Vermont SUI.
preme court at the opening OF the Feb
ruary term in Montpelier to-day The
reason given for the postponement was
the illness OF G. O. Austin. one of the
woinans counsel For the same reason,
a continuance was granted in the case
Of State VS.. Edward Hurlburt, assault
with intent to kill, from Franklin coun-
ty
Chief Judge Rowell was not present
at the opening OF the court this morning,
but he is expected to be in attendance
tomorrow. announcement was made
that the case Of Dean VS.. Atkins has
been continued: also that the Caledonia
county case Of Michael Goslant vs. James
Gauthier has been settled A settlement
was also reported in the case of Hattie
HerFick VS. Town of Holland, a suit for
damages sustained on a highway. In
the case OF S. b, Wilson vs.. G. G. Clark,
Judgment OF the lower court was at.
frmed, and the cause was remanded as
per stipulation on file.
BY decision of the court to-day, L. IL,
Roscoe, an Essex printer, won his con
tention against the town OF Essex for
exemption The case came up to the
supreme court as Ira Bixby. town tax
collector, vs.. l.. H. Roscoe, and grew
out OF promise by Essex to exempt
industries for five years. Roscoe moved
his business from Jericho to Essex and
was not taxed for a term Of three years,
being assessed thereafter, The court
held that there was an implied exemp.
tion for three years and that, therefore,
the said Roscoe was entitled TO exemp-
tion for five wears Roscoe was given
Judgment to recover his costs in the
case.
In the Nindham county case OF Town
OF Londonderry vs. Charles Fryer. an
appeal from the appointment OF guard
ian, the court to-day held that the de-
fendant was mentally capable OF taking
care OF himself and OF his property.
In the Orange county case OF William
G. Sanborn. administrator Of the Eunice
Y. Comstock estate w. Abe Jacobs and
trustees, the verdict ii the lower court
for the plaintiff to recover SSsS,l7 was
reversed. and the cause was remanded.
In the FRANKLIN county case Of alleged
use OF undue influence, in which Horace
Brooks, administrator of the Albert
Green estate, was the plaintiff against
Mrs. Cora r. Mason and DR. T. W. Ma
son. the supreme court rendered decree
for the defendants. holding that no un.
due influence was used BY them in caus-
ing the said Green TO turn over property
to Mrs. Mason, niece. Green was
deaf, and the transfer il said to have
taken place just a short time before
his death
In the Orleans county case OF Frank
Allen VS.. Thomas Lane, the judgment
in the lower court for the defendant
to recover was reversed aud the cause
was remanded The suit grew out Of
the docking of the tails OF two horses,
and one OF the chief arguments presented
in the lower court was that two calves
were loose in the stables where the
horses were tied and that the calves
might have gnawed off the tails OF the
horses. Supreme court holds that such
evidence was not admissible.
judgment was affirmed in the case OF
Charles A. Stafford administrator. vs.
Fred A. Plumley and Eiba Pumley, as
was judgment affirmed in the case OF
Orrin r. Whitehead vs. Clara g. White
head, a divorce case in which the petition
was dismissed in the lower court.
There are ten cases set for hearing
at the present term the first Of which
is that Of Willis Y. Farr vs. George
O. Guild and Mary /. Holmes. The
county cases set for hearing
are: Thompson vs.. Morrison, Agostmes
VS., Fem and Mower Vs. Duke