Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-02-05
5UPRE MI. COURT
DECIDES 10 CASES
Several from Chittenden County
Are among the Number
Considered.

Montpeler, Fen. 3.--Decisions in 10 |
asses were handed down to-day at the
7ebruary term of supreme court When
state VS. Lou A. Foster, the Windham
county murder case, was reached on the /,
locket Attorney General X. +. Brown
expressed surprise to ind It there. He
said he did not know until last night that
exceptions had been fled and lac asked
20 have an opportunity to examine the
exceptions and make preparation in event 4
o: Il trial. Opinions in a number of I'M |
portant cases were read during the day. /
IN the case of Robert A. Davidson
against o. c. Whitehiu and others, |
license commissioners OF the town % Gro
ton, the court dismissed the petition for
u writ % Certlorari The writ was sought
on the grounds that Whitehill could not
act on the application q one Frnst. VINO
secured the license, for the reason that
Nc was a relative and prohibited under
section 1924 of the public statutes. white
hill and Frost married sisters Whi'l, the
petitioners alleged, came within the
fourth degree of affinity. The court held
that the statute did not apply 70 minor
officials such a9 Sa'7ctmeu, boards If
civil authority license com,nls sioners,
and the like. whose duties were of a
quasi judicial character. because if 1t did
4 would result in confusion. The statute
applied 70 Judges, chanccllors, Jurors. etc,
whose duties were moro strictly judicial
Opinion by Judge Taylor
In the case Of Alfred Green against
DIN and William Stockwell from Bennlng-
ton county, an action of trcspass to de-
termine the question Jr a right of way,
Judgment was affirmed Tho verdict below
was in favor of the plaintiff to recover $40
and costs. opinion by Justice Powers
Judgment was also affirmed in the case
of Barton Savings Bank & Trust COM
pany against Irving Stephenson, May NJ.
Patterson, T. n PattcI-on. Sara f.
Bridges, j. IT, Bridges j. S Brahana. Will
bur Souther Horace s. Richardson,
Homer r. Tilotson and Nellie NJ. Bra
hama. sgners of note for 5000, in
which claim had been made that there
was an alteration. The Judgment in
county court was in favor of the plaintiff
to recover $7347.67 against Stephenson and
for nine defendants against plaintiff. En-
ceptons We're taken by both parties.
Opinion by Justice Munson
In the matter of the appeal of S. A.
Cleveland from PROBATE court which was
denied in Orleans county court as the APP
,,,.s ,o,,orsod and ,,,,... ro,oordod Cleve-
AVA rr.s o,d,,.od oo,,,,,i+tod to tho state
bosni+o, ot state ovnep.o and whom he
onnoo,od did NOT flo q bord bacousa no
clain,ed n was nor NECESSARY ae tho court
had committed him at the oxpense of the
state The decision rives him the right
to appeal Opinion by Judge Watson.
judgment was affirmed in cleo D
Morse against Patrick Kcnnev. common
counts from Rutland county. Judgment
Was given the defendant below on find
M of facts. Opinion by Justice Taylor
The same decision was made in w. W.
peirden VS. Stevenson. Wright &, Valley.
.ssunDsit. from Orleans county. The
fhdgment below was for the plaintiff for
eco and costs. Opinion by Judge Powers.
The decision of the court below deny
ing fine petition of Rome G. Brown to
file appeal in the matter OF the estate
of Andrew c. Brown from washington
county. was affirmed The controversy
pertained to the proceeds of certain
mortgage. Opinion by Justice Hasclton.
Judp,nent was also affirmed in the
'(,hitterden county case of Elias LYMAN
against c. w James, trover. involving
an automobile. the verdict below being
in favor Of the plaintiff for SOS 81. Opin-
on read nv Justice Munson
Affirmation of judgment below was
made in James Canning against Martha
Canning. divorce. and cause remanded
this case being from WASHINGTON coun-
ty. The petitionee claimed that
prior agreement was bar to the petit
tion for divorce The court held that
the petition could he prosecuted which
did not prevent the CARRYING out Of the
terms of the agreement and establish
ing of the property rights of the pc
.itionee in county court Opinion by
Justice Taylor.
Manning Manufacturing company
against James Miller and G. II. Miller,
from Rutland county, common counts,
Judgment affirmed Opinion by JUS
tice Powers
..- In re Nicholas Jacobs, habeas cor
pus, from Franklin county Judgment
affirmed Judgment was entered be-
low awarding custody of relator to re-
son r. II. Goodwin vs.. E. E. Holmes, tres.