ter for Morrison to read at the meeting in which he stated reasons for not joining, and offered to pay the same amount as if he were a member. On Nov. 21st Morrison notified McClure that his case had been considered at the meeting and that it had been unanimously voted "that he had got to join the Union that day at 12 o'clock," that Morrill, as president pro tempore, would administer the obligation or oath to him, and that if he failed to report, action would be taken against him and a strike organized against him. About eleven o'clock that day Morrison again called on him and gave him a final choice between taking the obligation or being driven from the works. On the same day Morrill and Sherburne told him in substance that he would have to join or quit work. There were other conversations between Morrison, Morrill, Sherburne and McClure to the effect that unless he joined they would take action against him; that they would strike and demand his discharge and they would not allow him to work. McClure refused to join and on November 22 quitted his employment. The state's evidence further tended to show that Morrison procured a meeting of the executive committee to be held at Barre on Saturday evening, Nov. 23rd; that it was held to investigate McClure's case; that Morrison made a statement of the trouble with the latter, of McClure's letter to the meeting, of the meeting held at noon of the 22nd at the shops, and that while it was in session word came that McClure "had packed up and gone"; that Dyer was present at this meeting and recorded its proceedings and he and McDonald were appointed to go to Montpelier the next day to investigate; that they went accordingly and had the interview with Eagan before referred to, also with the secretary of the Montpelier branch. The evidence did not tend to show that Dyer made any threats to or had any communication with McClure, yet he was a prominent officer in an organization whose purpose was to compel all stone cutters to become members or leave their employment. His presence as such officer at the meeting of Nov. 23rd, his acceptance of the appointment with McDonald to visit Montpelier the next day and "investigate," his visit on Sunday and interviews with Eagan, Rice and others, were acts following so closely upon the action taken against McClure on Friday that they were a part of the res gestae of the offence charged. The motion in arrest on the ground of the insufficiency of the information has already been considered. Fudgment that there was no error in the proceedings of the county court, and that the respondents take nothing by their exceptions. STATE v. MARK MEACHAM. MAY TERM, 1895. Information. Amendment of. Practice. Since a state's attorney, or his successor in office, may amend an information in both form and substance, the supreme court, not being able to agree whether the information was sufficient, remanded it to the county court for further proceedings. Information for keeping a dog without license. Heard upon general demurrer at the June term, 1894, Caledonia county, TYLER, J., presiding. Demurrer overruled. The respondent excepts. Dunnett & Nelson for the respondent. W. H. Taylor, state's attorney, for the state. PER CURIAM. In this case the views of the judges who heard it were such that no decision could be made in regard to the sufficiency of the information. But, inasmuch as the information of the state's attorney can be amended, by his successor in office, even, both in form and in substance, the court pro forma reversed the judgment of the county court and remanded the case to be there proceeded with. INDEX. ACCORD AND SATISFACTION. There was no accord and satisfaction, for the order was not ten- ACTION. Since the defendant holds this fund as a trustee under the direc- See PENAL STATUTE I; EJECTMENT I. ACTION OF ACCOUNT. See EQUITY 7. ACCOUNT. An account stated as settled is not conclusive as to items not ADJOINING LANDS. See LATERAL SUPPORT 1. AGENT. I. When the declarations of an agent are offered upon the 2. If in determining this question the court receives other than 3. The declarations of an agent that he is such, made without 4. That one has the blank proofs of loss of an insurance com- AGENT. See SCHOOLS 6, 7. ADJUDICATION. See WILL 9. |