The Barre daily times. (Barre, Vt.) 1897-1959, 1912-10-02
Supreme Court Discharged
William Kelley, Respondent
OWNER NOT HELD AT FAULT
II the Canine Lost It's Collar Without
knowledge of the Owner - Other
Opinions Rendered at Yester-
day Afternoons Session.

At yesterday afternoons session OF
the Vermont supreme court at Mont
pelier, the rendering of opinions was
continued Judge Haselton read the
opinion in the Franklin county case of
James +. Fitzsimmons against Richard
son Twigg 4 company, in which the
Judgment of the lower court was reversed
and cause remanded. The case con-
cerned a coat sold the plaintiff, which
was found defective and which was ex-
changed for another coat and cash
payment In the lower court, pro
forma verdict was ordered for the de-
PENDANT, to which the plaintiff excepted.
| The Windsor county case of Allen l..
Slade, adm, ct al against Peter Keller,
ct al, was reversed and cause remand
ed and decree ordered for the orator.
1t was alleged that Keller and his wife
held certain notes and other property
concerned in the settlement of an estate
and fraudulently concealed them. An in
junction was asked for to prevent their
collecting any money and asking for an
accounting. W. A. Dutton was special
master. His report was filed last March
The demurrer was overruled and the bill
dismissed with costs to the plaintiff. The
orator filed an application, which was
heard at the May term.
In the Washington county case of
State against James H. Kelley, arising
from the alleged allowing of dog to
run at large without collar, Judge |
Munson held that if the dog lost its col.
lar without the knowledge of the owner
and then ran out, this did not constitute |
allowing the dog to run eollarless with /
in the meaning of the law. The case
came from Barre city court The re-
spondent was ordered discharged.
Judge Powers had the opinion in the
Orange county case of William Barber
against T. F. Bailey, in which the judg- I
ment was affirmed and cause remsnded /
The case concerned the use of a certain
piece of land owned by the plaintiff in
Newbury, which the evidence shows had
been used for go years as a short cut
from one street to another. The owner
of the land ordered such use to be
stopped and cut down a plank used as
a bridge across stream. Suit was
brought to recover for loss of the path.
The court held that the use was per-
missive only.
ohhHC %hhhebh EhNS az bPlhipu hAlt III
ing Judgment and remanding cause in
the Rutland county case of Nelson W.
Cook against Maryette L. Lane and Pat
rick H. Lane. C. III. Darling was spe-
cial master and after his first report the
ease was Iecommitted. The case was
heard at the special term at Rutland
IN 1911. The report was for 81 damages, ,
the case growing out of transfers of part
ownerships in spring and aqueduct
system.
In the Caledonia county case of Min
lie 0. Patch against Walter d. Patch,
livorce, in which the lower court held it r
lad no jurisdiction because the libellant a
lid not reside in the county. Judge Ha- '
elton had the opinion, which reversed I
and remanded the cause In
Another Caledonia county case, that of a
state against Willard Lindsay, practic- d
ng medicine without a license, Lindsay c
vas charged in an information, against :
which motion TO quash was made and n
n agreed statement of facts and plea e
t abatement were filed. The motion
nd plea were overruled and the defend. Fl
mt filed exceptions. Judge Powers held 81
hat advertising as a physician was sui. :"
eient to be violation of the law. Judg O
tent was found to be without error and r
las affirmed
In Albert Z. Magoon against Aaron w. pi
astman, breach of covenant, from Or e.
nge county, Judge Munson reading the Il
pinion, judgment for plaintiff to recover a
1850 reversed and costs to defendant sc
this court bt
The Rutland county case of Irving \.
base against Glenn Robinson, common .,
,urts, concerning the ownership of a a
orse, verdict was directed for the de-
'ndant in the lower court, but Judge in
aselton reversed the decision and re- Sc
anded the case. to
The last case of the afternoon was st
ON Orange county, William c. Sanborn, 10
I'm. of the estate of Eunice Y. Com an
ock, against Abe Jacobs and trustees. tn
Idge Powers found that certain exclud- tn
evidence. tending to show the wishes OF
the testator, should have been ad-
tilted. Judgment for plaintiff to re-
ver ssssl7 reversed and cause re-
anded