The Barre daily times. (Barre, Vt.) 1897-1959, 1922-02-08
TUITION CASE
SENT BACK
Vermont Supreme Court
Orders Re-trial in Mount
Ida School Case
LOWER COURT HAD
DIRECTED VERDICT
For Defendant in Case
Against Daniel /.
Gilman


February session Of the Vermont SUI
preme court at Montpelier this morn
ing was A. Zion 4 Co. against !. Cohen,
a contract case from Chittenden county
court. Powell 4 Powell of Burlington
represented the plaintiff and Y q. Bui-
lard and G. L. Agel of Burlington rep
resented the defendant Chittenden
county cases entered for hearing foi-
lowing the above case are Burlington
Grocery Co. VS.. Harry Lines and 9th.
ers, and Burlington Grocery 20. vs. "a.
and +. G. Dorm.
/. Judge S. r. Moulton yesterday read
an opinion in the Caledonia county
case Of Mount Ida School, Inc, vs..
Daniel r. Gilman, ct al. This case -
relative TO the tuition and board OF
Nellie Gilman, in which the court d.
rected a verdict for the defendant. The
opinion held that there was matter
which should have gone to the Jury for
its decision, therefore the case was re-
yersed and cause remanded.
Decisions given included the follow
ing; Windsor county, Chadwick VS.,
Virgins, Judgment affirmed; the low.
er court gave the plaintiff a verdict OF
s2O6 In Rutland county, Fred Z. Gray
vs.. John G. Colvin. Judgment affirmed
and remanded, while in the companion
case Of Colvin VS.. Gray, the same en-
try was made. In Chittenden county,
Adeline Tillison vs. Fred Tillison, judg-
ment affirmed and remanded, while IN
the Bennington county case Of State
rs. Harry Reynolds. petition for new
trial on the grounds of new evidence
was dismissed, and the respondent
takes nothing by his petition.
In the Chittenden county case OF
Emile Mongeur VS.. 0. K. Lowell, Jndg-
ment was affirmed upon motion OF At
torney IT, HI Wolcutt of Colchester,
who appeared. The defending attor-
neys did not appear, and the court,
after hearing the motion argued by
Mr.. Wolcott. allowed it, and the entry
was directed on the clerks book
A motion was filed in the case Of
Bessie Colby ". NJ. d. Carey and e.
II. Bates. physicians in Rutland coun- !
tn. asking that Judgment be affirmed.
Arguments were made in the case
OF Daisy Sbortsleeves vs.. II. II. Tro-
vile. in which the plaintiff asked for
re argument of the ease, but the de- |
PENDANT asked for an increases in bail. |
Decisions OF 1876 were cited In the |
argument.
The case of Dunn VS.. Dunn, ct al.
from Rutland county was submitted
on briefs Tuesday afternoon, az was
that of Temple VS.. Duffy, ct al, from
the same county.
Washington county cases entered for
hearing in the current term are N. Pe-
laggi & Co. vs.. Central Vermont Rail
way Co. case, Benjamin j. Hatch ".
Earl Daniels, tort, and Ellis j. Gomez
& Co. vs.. w. W. Hartwcl, general as
sumpsit. The case Of l.. IL Miller vs.
G. Allen Belville, tort, was entered Tor
hearing. doubtful.
The case of State vs.. Arthur Mud
gett. indictment, from Lamoille coun-
ty. IL entered for hearing.
The states case against George
Colby for criminal libel, from Orange
county, is entered for hearing, as are
the Orange county cases of g. G. Part
ridge vs. j. L. Cole. tort; in re Alexan-
der Tartro's will, appeal from probate;
and Bondi Bros. vs.. Holbrook Grocery |
Co. the last to be heard on briefs.
The states case against William
I,escord. alias William Wetherbee and
William Gibson, for murder from
Windsor county, win be held at the
term. beginning February
81. The states ease against Albert
Parmentcr for arson, from Caledonia
was entered continued.
OF the Caledonia county cases, those
OF c. n. Utley vs.. Edward Hitchcock,
Hardwick W. Wolcott, and II. T. Cum.
mings vs.. kitchie Lumber Co. and 9th
ers were entered for hearing.
Bennington county cases entered for
hearing are in re the Vermont Co. vs..
Arthur J. Merchant and Others and
Catherine Kelley vs.. Hoosac Lumber
Co. and Employers Liability Assur-
ance corporation.
The case of Alexander Cover vs..
Central Vermont Railway Co, from
Franklin county. viii be heard on
briefs. One case from Essex county.
hat Of Glenn p. Tarbell IS. Grand
Trunk Railway Co, is entered for
hearing at this term. OF the Orleans
.onnty cases. those of l.. Heller 4 Bro,
Inc. ". II. w. Eldridge Co. Barton
savings Bank & Trust Co. ". Helen
/ :. NJ. Buckford, Mabel Ieith vs.. Ora
Dane. and Carl Bean W. G. B. Kelley
md trustee are entered for hearing.
OF the Windham county cases. five
ire for hearing at this term and three
'ases regarding the viii OF Henry
yoolley, appeals from probate. win be
leard at Brattleboro. The cases 20 be Z
leard here are Betterley vs.. Brault
ind Pingree. Meany VS.. Weber and I
.ovell. Sclitz ". Lowell Mutual Fire
Insurance Co. and Dow ~ Roux.
OF the Windsor county cases. those
4 Streeter and others ". Hunter and
'thers. in re frecholders Of town of
2oyalton. and Luce vs.. Brown were
uttered for hearing. and the case of
sugg vs. Dcgnan was set for hearing
4 R~af4l.oh~o