Norwich bulletin., 1912-10-24
DECISION ON LEASE
 is AGAINST DR. DUNN
Jury Decides It InvaIid-Dr. Greayes Had No Authority to Give Lease.

The Manwaring Hospital association was victor in the second stage of its legal controversy with Dr. Frank M, Dunn yesterday, when the jury in the summary process ejectment proceed lnss rendered verdict in favor of the hospital association. The jury in it's verdict declared the three year lease, which is the basis of the dispute, in- valid, declared for possession of prenl- ises by hospital association and gave judgment for plaintiff to recover costs.
 Justice Charles E. Hickey, who pre- sided over the proceedings in New {, London has set Thurs day afternoon at 8 o'clock for hear ing Attorneys Perkins and Shields, counsel for Dr. Dunn. It is within the province of the. justice to order the defendant put out of premises at once in a summary process proceeding, but Justice Hickey delays his order pend- ing hearing of counsel for Dr. Dunn.
 It is expected that writ of error will be filed by counsel for Dr. Dunn. It was supposed, by laynen that there was an appeal from summary pro- cess judgment to the supreme court, but there is no appeal. Otherwise a summary process proceeding would have no value. as appeal could be talk en. resulting in many months delny.
 A writ Of error must be based on error of the presiding justice or error Non part of jurors in returning a ger- dict at variance with the evidence and with the law.
 Hull, McGuire & Hull. counsel for the hospital, will move to have Dr. Dunn set out of the premises at once.
 The hearing on the summary pro- cess motion was begun last Thursday. Evidence was taken all day Thursday and then adjournment was taken to Monday. Monday was spent in talk ing evidence and in hearing argu- ments.
 wednesday morning when the court came in Justice Hickey gave his charge to the jury, covering more than an hour. The jurors retired to consider the case and were out only about half an hour, returning to give the verdict for the hospital, through Foreman F. Valentine Chapppell. The other mem- bers of the jury were Nathan Pune rantZ, Charles L. Holmes, Walter Lewis, James P. Johnson and Ruell 1. Baker.
 The trouble between the hospital association and Dr. Dunn began when the association started to prepare for its new building and asked Dr. Dunn to vacate his apartment in the old pu1lulnS on SLate street, New London, which he refused to do stating he had a three year lease, to run from Oct. 1, 1912, to Oct. 1, 1915, given him by D.. c. B. Graves president of the associa- ton.
 Several weeks ago at the direction of the trustees the building was torn out, with Dr. Dunn still a tenant. He secured temporary injunction pre- venting the complete demolition of ti,e building and then an order from Judge Case directing the trustees to restore the buildirfs,
 This was done and then the trGs- tees began this summary process pro- ceedinS, aiming to have Dr. puRl elected at once. The whole proposition turned on the validity Of tfls lease. The trustees claim that tfae lsase Was fven by Dr. Graves without any ah- thorizati6n and therefore was invalid under the law that insists upon such acts by aia officer Of 9 corporation bs- ing ratified by tas corporation.
 Other interesting ie9Sl mevss NSt be expected, DF. Daasa is under $5,G99 bonds to indemnity the tFttstAss iR caSS they seek daEa&s@s tFefa ti4za,