Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1843-09-06

ing, thatl had received a letter from DaVen-
port threatening the district with lawsuit.
They replied that Davenport had meyer been
appointed an agent Of the dislrct, nor author
lied in any manner, 10 bring suit; and
that they had nothing TO do with him or his
letter. II appeared that the first writ made
out against me was a trustee writ, on the
ground that had not paid over the money
and was owing the district. But Flint see
ing me in company with Field going 10. his
(Field's) house and fearing, Gas well as his
lawyer,) that i'll received the money should
pay il over to the teacher Immediately; and
so they would loose their cause Of action
against mel say fearing this, Flint hasten
ed TO his lawyer and forthwith got different
writ, and came with full speed TO Mr.. Fields
house, and just after had received the mon
ey he handed to Field the writ end directed
him TO serve it Immediately. The following
is an accurate copy Of the writ and service.
Slate Of Vermont, To any Sheriff or Con-
Rutland Co. IS. Sstable 10 the Stale
EHrVs1 es GREETING
AZ BY the authority Of the State ofVermoDt'
you are hereby commanded 10 attack the
goods chattels or estate OF Josiah w. Che
ney Of Brandon in the county of Rulland TO
the value OF twenty dollars and him notify
thereof according to law, and also notify him
70 appear before me at B. Davenporps Office
in said Brandon on the 81 day of March 1S43
al one o'clock In the afternoon to GnSDer TO
L. II to- IL .oo Ior ho
county OF Rutland in plea that Def. render
| 10 the Plaintiff twenty Dollars for town
order by him used aud CONFERRED TO his opn
use, but was the properly OF the Plaintiff
also for twenty Dollars money had and re-
ceived. To the damage OF the plaintiff twen-
! ty Dollars. - u sc
Fail mol, but make service and return ac-
cording TO law. Dated al Brandon the 22d
| day OF February A. d. 1913.
- DAVID SANDERsoN, just Peace.
B. Davenport recognized TO tue defendant
| in the sum Of twenty dollars as surety for
cost Of prosecution as The law directs,
\ Before me D. SANDERsoN just. Peace.
Rutland County IS. Feb. 22d, 1843. ben
served this writ by leaving true and attest
ed copy thereof 10 the hands Of the within
named Deii. with this my return hereon
thereon endorsed
Attest Wm NJ. FIELD, Dept Sheriff.
! F,led 4shlSchool District vs.. J. w. Che
ney. Davenport Au'y.
! Soon after the service Of this writ paid
over the money 10 my hands TO the teacher
Of the .disrrict, or rather TO her brother, she
being absent, who was authorised TO receive
4 il, and took her receipt, 10 his name, for the
}, same, which was produced IN evidence. MOI
being Sufficiently acquainted with legal pro
ceedings employed an Attorney 10 assist
j. me al the trial. afc CAV.
On The trial my counselin the argument
took, what appeared TO me, 10 be conclusive
ground, namely, i that myself (the Delft be-
ing the person who had last received th'
anpoinlmentl Of committee for the district
had still right TO act as such for and IN In
{ name of the district until another was leeall
: chosen, aud by virtue OF such appointment
: had The right 10 control or withdraw the SUI
: then pending in the name Of the dlstrit
: against me. Eapr6of Of this position hequo
e ed the Revised Statutes page lib Sec:
: which reads that the 'officers (including ID
/ commiltee} shall BE- chosen annually at an
e legal meeting warned for that purpose, an
Z shall hold their Offices for one year, and ~
: I'll others shall be chosen" That no 9TH
'e person, having been legally appointed SIM
70 1911 The Def. hadstiIl a right to act. Tt
OF wisdom Of tie court enabled him to deci
60 promptly (without condescending to give
D. reason that }. w Chenev had no right
.y'lappear there ercept as defenddntJ and
10 MED his right of controlling suit again
We himself although none but himself bad
right TO commence a suitin the name Of I
" District
!" My counsel further contended that the
- was no appearance on the part OF the d
i trict; for they had authorised no one, a
- more especially had given no authority
-, Davenport or Flint TO appear for the dis,ri
-, Helaid down the principle that there "
=. no sui, ia eristence--that the writ and 5
sice only proved their OUR existence;
= that any suit was legally instituted With
authority from the district, and 10 proof OF :
quoted The decisions of the Supreme CT
81, Here was stumper. The wiley D
con lawyer looked around among
~. spectators and saw nearly all ofthe pr
me. cipal men ofthe distric: present. He d
the not, therefore. say that they authorii
= hin, 10 commence the suit, for they wo
'le'- brand the assertion as false on the 8
Esq. He looked at Flint bot dare nOt eli
'nA. him as committee, when the District +
80 ords gave him the lie i; aOd the voters
TT The district were nresent Mho knew