The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1847-04-22


Press reports several cases which were last month
brought before Chttenden County Court; OIL o r4ss
Of which decisions were given.
Joseph Smith appealed from the decision of COM
mssioners appointed to appraise lands through which
the Central Railroad is surveyed. AS several casGs Of
this nature are pending tho decision Of this question
the court granted continuance that tho parties m
torested on the plaintiff side might petition the Su-
preme Court for a nandamus.
The last Patriot reports decision of the Suprsme
Court, at its sitting in Washington County, on the
question under consideration, which is as follows
William Gold, Jr. v. w. Central Railroad
Company. This was petition for writ Of
Mandamusto be directed to the County court
Of Washington county, requiring and COM
handing said County court to grant the petit
toner trial by a jury Of the country, for the
assessment Of damages, in case appealed
from the decision of the Commissioners sp~
pointed so assess damages to land owners on
the Vt Central Railroad
Held, by Davis j., that the application be
denied-tho petition dismissed and with
costs.
Tho other cases reported in tho Free Press are as
follows:
j. g. j. H. PeckS Co. " Asa Sawyer. This
was an action on the case to recover damages
for an alleged fraudulent representation in
writing, made by the defendant, as to the pc.
cuniary responsibility of one Gates, to enable
him to obtain credit. 1t appeared that Gates
resided in Keesyille, N. Y, where he was do.
ing good business. The plaintiffs had sold
him some goods, and on his applying foR
ocl>oI
forwarded general letter of recommendation
from the defendant, stating in effect that he
had known Gates for a number of years, and
believed him safe to be trusted. The plain
tiffs subsequently sold Gates goods to tho
amount of several hundred dollars, which were
never paid for, Gates having failed soon at.
ter. The plaintiffs claimed that the goods
had been obtained on the faith of defendants
recommendation, and that it was false within
defendants knowledge. For the defence it
was claimed that the goods were not deliver
ed on the faith Of the representation, and shat
the representation was mado by the defendant
in good faith, he believing it to be true. Du-
ring the trial certain dispositions taken by
magistrate in Alabama were offered by tho
plaintiffs and objected to. The court ruled
that when dispositions taken in foreign state
are offered, it must be shown that the author
lty taking them, has power under the laws Of
such state, to take dispositions to be used in
their courts. But upon examination of the
statute of Alabama, the court decided that q
justice of the peace in that state has authority
to take such testimony, and accordingly adj
mitted the dispositions. Verdict for defend
ant.
YIN. r. Upper v. Samte! k IsAGm This
IUoS n action m olleOaI 60 leo -
horse sold by defendant TO plaintiff for s SO,
and claimed to have been unsosnd. The de.
fence was that the horse was not warranted,
and was perfectly sound at the time of tho
sale. About seventy witnesses we're examfn-
ed, and the cause occupied the Court until
the evening of the 9th During the trial
one of the plaintiffs witnesses was enquired
of on the part of the defendant whether be
had not given different relation of certain
facts to another Individual, naming him. The
witness having denied this, the defendants
counsel subsequently called the individual
mentioned, for the purpose of proving the
statement denied by the witness. On objec-
ton, the court ruled, that as the attention Of
the witness sought to be impeached had not
been called to the time and place, of max
ing the statement denied, as well as to the
person to whom it was made, evidence to con-
tradict him in that particular was not admiss-
ible; and added that this rule was sanctioned
by the recent English decisions, and would be
adopted in this circuit. Verdict for the de-
PENDANT.
S. S. Smith V. Jno. Keller This WAS on
action of assumpsit to recover balance claim
ell to be due upon contract to clear land
The case had been tried before, and the de-
PENDANT had obtained new trial at the last
term of the Supreme Court The defence
was that the work was improperly done, and
that the contract was made by the plaintiff
jointly with one Samuel Smith who should
have been made party to the suit.
Verdict for plaintiff for balance claimed.
MASCULINE IMPERTINENcE. One Of tho
most annoying and discSuraging things our