Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1843-09-06
Alter trial and aroument Of counsel the !,

CouEt duJOuTneu TIE case TWO weeks LOT
decision. La the meantime the fourth
school district. held legal meeting, while
the suit was pending, with notice in the
warning TO act on this very subject.
This meeting was held on the 18th of
March, and after the appointment of Off
GERS the following votes were passed, a
copy Of which is taken from the records.
ION motion of RUFUS Goss, Voted,
that the 4th School District necer author.
s2ed B. Davenport, or any other man to
com nence, or use the name of said dis
tricl to commence a suit in favor of the dis
trict against Josiah w. Cheney for mon.
ey or papers in his hands and that this
district and meeting hereby disctaim hap.
aag any thing to do Nth said saat."o-l
E. B. DUTToN. District Clerk.
" On motion of r. Goss. oted that ].
w. Cheney in paying over the funds of
the district 10 his hands in February last
to the teacher instead of paying it to any
other person, meets the appreciation Of
this district and meeting"
E. B. DUTToN, District Clerk.
Brandon, March Is, 1913.
The above is true copy Of record
Aaes,, E b. DUTToN, Dist Cl'k.
On the 10th OF March the court again
met TO decide the case when my counsel,
R. V. Marsh, Esq presented the forego-
ing votes to the consideration of the court,
and urged their pertinency and important
bearing on the suit he was about 10 decide.
But the court paid no attention whatever
to them aud forthwith decided the case
against the Defendant. The court even
went so far as to disallow my receipt
showing the payment of money to the
teacher. by the hand of her brother, on the
technical ground that we bad not proved
that the brother was authorized to receive
it'll Davenport could commence and car
Try on an expensive suit against me and
subject me 10 heavy bill Of cost in the
name of the district who nerer authorized
but expressly forbid him the use of their
name and this is pronounced by the court
Ito be all right and legal. But the mo-
ment / present my receipt OF money paid
E"that alters the case,'' as the lawyer said
Ito the farmer And altho' I acted as the
agent the district in paying the money,
IL. IL
i'll this snt against me, and had actually
voted that they were satisfied with the
payment as IL aoas; yet this !" brief au-
j lhori:y,' Nero Ike, refused to allow the
payment--but gave judgment against me
for the whole amount and costs. |, Of
!, course, appealed to the County Court
Before the sitting of the court to which
l had appealed, the Commute of the dis
trict, who was authorized to act, as the
I foregoing votes will show, voluntarily
a executed and delivered to me the following
discharge.
e Received 9Th April. 1S43, by tn,
fourth School District in Brandon, Rut
land County, Vermont, of Josiah w. Che
ney fifty dollars IN full Of all claims, de
J mands or suits in favor Of, or in the nam
!, Of said District against said Cheney"
1T }8 sR HIRAM ALDEN,
i - Prudential Committee ofsaid District.
!, Of course / did not carsy3up the cop
>, ,of appeal as the district are willing TO pa
me my cost Neither did Davenport Ca
Of ny up the appeal. If he had, shouI
II have presented my receipt and dlschare
,e with the votes of the District, and
=. would probably have found differe
q. court to tamper with, than The one he S
). lected to try the case at his office.
a this he was aware and rrudently kept
i, out. How he and Flint will ever obta
Ne their cost | leave for them to decid
he Their claim is against the district. B
INF in order 10 recover Imagine they mt
as prove that the district employed them
he commence the suit.
10 i remember seeing, many years ago,
an old scrap book the following lines
"Thelawyer loud, whatever cause he pleads
But proudest of the tcorst, If that succeed
emit But the attorney, for the plaintiff in 4
ex- foregoing case, cannot even have The Pc
IN. consolation of success.
,se Iwish to- be understood as bringing !
nlv chargessagainst the profession Of law,
nsel agains, lawyers as such There may
ted as many honest faithful and trust-wor
lev men among them, in proportion to tbs