The Barre daily times. (Barre, Vt.) 1897-1959, 1912-01-06
Just Before Final Adjournment
of Supreme Court
POWELL VS.. THE WOODBURYS
In Addition to That, the Case of Harry
Emerson, by Next Friend, VS.. Cory,
Deavitt & Frost Co. Was Consid-
ered-Attorneys Given More Time.

The supreme court session at Mon.-
pelier adjourned yesterday without date
after hearing arguments in the Orange
county case of Harry Emerson, by next
friend, VS.. the Cory, Deayitt & Frost
company and the Chittenden county case
Of Max L. Powell, tr. VS.. Charles l.. and
Edward p Woodbury..
In the former case, the plaintiff had
been given verdict for SS,583.33 dam
ages in county court and NJ. M. Cor
don, counsel for Emerson, brought the
facts before the court. The case was
for personal damages by which En-
erson became practically blind and which
WIS argued before the supreme court a
year ago Mr.. Gordon learned that the
boy, unrepr2sented by counsel, had set
tied with Mr.. Deavitt, counsel for the
company. last Saturday night, for ST.
900, while the judgment now amounted
to 10000 He therefore applied to the
court to either dismiss the stipulation,
appoint commission to investigate or
not to act upon the case until he had
time to look into the matter more thor
oughly He was given Is days to file
his motion and the other side ten days
thereafter and counsel on both sides
was given power to name a commission
which the court may appoint at the
February term
In the Chittenden county case, the
lower court had given verdict for the
plaintiff, NJ. /. Powell. of $500 and
costs. M +. Powell and John Redmond
appeared for the plaintiff and r. e.
Brown of Burlington for the Wood
burys The case grows out of alleged
pialicious prosecution in the court of
clancery following the issuance of an
Injunction to prevent Mr.. Powell sell
ing at auction the hotel Burlington prop
ertv. This property had belonged to
George Delaney, who, because of debts,
decided same to Mr.. Powell as trustee,
The latter operated the same until it
was destroyed by fire in January, 1910.
Afterwards Delaney is said to have ex-
ecuted quit claim of his interests to
the Woodburys. owners OF the Van Ness
house. and to have given them an option
on the property Mr.. Powell claims
that the only interest the Woodburys
had in the property was to keep any
one else from getting it and to hinder
the erection of competitive hotels in Bur
| lington, and that as soon as they found
new hotel had been started on another
site. their interest waned and they with
drew proceedings and dissolved the in
| janction.
At the end OF the term, the Washing
ton county cases stand as follows:--
H. F. Patton VS.. Dudley Sterling ct al,
and J. J. Goodwin. trustee, continued;
Jane Fowlie, adm'x, VS.. Mcdonald, Gut
lcr 4 Co. with court; W. B. Carpenter
VS. estate of William Cooley, apt, con-
| tinued; Julia Campbell, apt, VS.. A. @.
! rclville. continued; f. R. Fletcher vs..
Woodbury. Granite company, continued;
4 Annie NJ. Bean, ex'rx, vs.. George and
4 Morris Atkins, with court; Andrew Gen
ero vs.. George Straiton quarry, con-
tinued isabel Donovan VS.. Charles Selin-
as. disposed of: NJ. L. Wood vs.. city of
Montpelier, with court; in re estate Of
b. w. Braley Judgment affirmed; in re
/ Orzella Beans will, with court; r. g.
Bowers Granite company VS.. Drew Dan
| iels Granite company. continued; w. b.
/ furnev VS.. Z. \ Normandeau, continued; ;
| ;ohn w. Gordon ct al VS.. I. j. Deavitt,
! Judgment afiirmed in re Lola Edison,
/ 'Gdgment affirmed; State VS.. John Tur-
\ lev, and State VS.. Levi Norway, con-
/ tinued'; State VS.. j. II. Kelley, with
court.