Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-05-08
DECISION GIVES
COL. M|MMS So
Dispute between Court Reporter
and State Auditor Settled
by Supreme Court

Don i'm the Washington county case OF
John VI. Mimms VS.. Benjamin Gates,
the State auditor. The sum involved
to only $500. Nevertheless the
defendant claims the policy involved
was great. The court, however, decided
that the policy was wrong and directed
Mr.. Gates to pay Colonel Mimms the
$500 on demand.
Colonel Mimms was a court reporter
in Chittenden county something over Il
year ago. The presiding judge approved
his statement for work in the term of
court from which the suit resulted, but
the State auditor refused to honor the
whole account and reduced 1T $500 on
account of Colonel Mimms being away
from court a day, another stenographer
being employed Colonel Mimms then
brought mandamus proceedings asking
the Supreme Court to direct the au-
ditor to pay him the 5000, setting forth
the reasons why he claimed it was due
him. The defense did not deny the
amount. but claimed 1t was a matter
of policy to deny the $500 payment.
The case was argued and the decision
was handed down to day, the following
entry being given to the clerk: Judg-
ment that mandamus be issued directed
to said Benjamin Gates commanding
him to allow the petitioner his account,
allowed by the presiding judge of Chit
tenden county court ana that he issue
his order to the State treasurer for the
sum of $500. paid on demand.
OTHER DECISIONS
Other decisions that were handed down
without opinion being read We're:
Orleans county, Ward Prouty and
Edith Prouty VS.. d. c. Blanchard. judg-
tn1 md
cause re-,anded for a new trial.
Caledonia county. Ada NJ. Bennett VS..
George j.. Bennett. decree reversed
cause remanded, with mandate to be
filed later.
Grand Trunk railway. judgment reversed
judgment for defendant with costs.
In the Washington county case Of
II. J. Slayton rs. T.. A. Drown. an
opinion was read which gave reversed
Judgment of the lower court The plain
tiff received a verdict of s1.365 This case
resulted from bankruptcy proceedings in
which it was claimed f.. A. Drown owed
the Vaughan bankrupt estate the above
sum of money
A lengthy opinion was read in the
Orange county case of John Gilman VS..
the Central Vermont railway in which
judgment was reversed and judgment
given for the defendant to recover his
costs This case resulted from an auto
mobile accident. The plaintiff in the
lower court obtaining judgment of
$366.92. The court held that the de-
PENDANT showed a reasonable amount of
care about the movement of it's trains.
that the plaintiff did not use a reason
able amount Of care in approaching the
grade crossing, although the train was
standing on the crossing. The question
Of the right Of driver of an automo-
bile to recover damages when operating
an unlicensed car, as the one mentioned
was shown to be. also was discussed.
JUSTICE SLACK TAKES OATH
The May term of the Supreme Court
opened at 10 o'clock this morning. Chief
Justice Watson and Associate Justices
Powers, Taylor and Miles sitting. The
Rev. l.. o. Sherburne offered prayer.
Chief Justice Watson then stated that
Leighton ?. Slack of st. Johnsbury had
been appointed as fourth associate JUS
tice Of the Supreme Court, to fill the
vacancy created by tn resignation of
| the Hon Seneca Haselton. He then
directed the sheriff of the court to escort
| Justice Slack to the bar of the court to
| receive the oath of office. Justice Slac,
! being escorted to the bar, the oath OF
office was administered him and he took
| his seat on the bench at Justice Taylor's
! left This was departure from the
prevailing custom of administering tho
oath to a newly appointed justice wherever
convenient and without any formalitie:
other than those attending the taking
the oath itself, and it was generally com
mended as something in keeping with the
dignity of the position to which the ap
pointment is made.
The first opinion read was in Washing.
ton county Of Wetmore q Morse Granite
company vs. Jennie Ryle and others. Thi!
Is over the signature of promissory note
The case was tried two years ago in coun
ty court. judgment being against the de
PENDANT which included j. G. Brown wht
signed the note with Mrs. Ryle and he
husband. Judgment was affirmed.
Caledonia county: Ida Mae Beaulac VS.
l.. s. Robbie and Pearl Slayton case, judg
ment affirmed. In the lower court a yer
dict for 81, 800 was given the plaintiff
Essex couny: c. II. Powell, admir- es
tate Of Felix Goulette VS.. Grand Trunl
railway. judgment affirmed. Judgment 70
the defendant was given in the lowe
court.
The opinion was read in the case o
Dorr Thayer VS.. Walter Glynn in Wind
ham couny just before noon. in whicl
Judgment of the lower court was reverse
and cause remanded, The lower cour
gave verdict to the plaintiff to recove
$50
TRIAL CALENDAR
The calling of the trial calendar re
suited in several cases being dispose
Of In Addison county, the case of tn
estate of W. r. Morgan will be sub
mitted on briefs. The Bennington an
Rutland county cases are all set 70
hearings.
In Chittenden county there will b
no hearing in the case of the Wester
Telephone company VS.. Lavelle, Will
the case of Latulip vs. Burlington wi
be submitted on briefs, as will the cas-
, of Grafton VS.. Benjamin Gates. |
. the case of Elsa Vs. Fayette the plain
tin is stTll in the army, while Clar
, vs.. Travellers Insurance company is sc
at the heel of the docket.
, In Washington county a motion 70
, dismissal for filed by the attorney
, general in the case of Anna L'Homm
VS.. the Vermont Board of Medical Reg
, istration. The cases of Holton "
: Hasson, Banchi VS.. Millar, Bonazzi VI
, Fortney were continued. No hearin
will be had in Lintott ~ Utley.
stipulation for settlement Is to
, made. Sanborn We. Weir, stevens an
Thomas will be submitted on brief
In the case of Carrie Royce VS.. r.
Dinner exceptions were waived and tn
judgment was affirmed as per rogue.
= 10 Il G.,.s "A.