The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1847-10-07
Court Calendar.
Reported for the Voice of Freedom.

AhO EIallu pollG NclS elbptiilcVu ollu
sworn, and the former charged by Judge Hail. after
which the docket of causes for trial by jury which
had been assigned for the first day. was caed-and
the standing for trial disposed of as fol-
lows
James McDanels J This was an action of eject
/ VS.. }ment for certain premises in
! Jesse Lapham J Dandy which the plaintiff
claimed by virtue of a mortgage ,deed-whch the
defendant claimed was discharged by a tender to
the plaintiff of the whole amount due to him. Sew
eral important legal questions arising during the
progress Of the case, the Court ruled them all pro
o'na in favor of the plaintiff, for whom verdict
was taken, and the case passed to the Supreme
Court upon exceptions by the defendant.
TnRALL & PoND and ORMsBEE & EDGERToN, for
the Plfl.; Foor & HODGES and PIERPoINT, for Deft.
Silas Giddings ct al This was an action of e.
jectment in which the plain
Gideon Fem ct al. tiff had recovered judg-
ment for the premises in question at a previous
term, and the cause had been continued to the pres
ent term for an assessment of the mesne profits to
which the plaintiff was entitled. The defendant
claimed that it was incumbent upon the plaintiff to
show that the profits for which he sought to recover
arose from the Improvements which the plaintiff
or those under whom he claimed had made, but the
Court charged that the recovery by the plaintiff was
forimH tacie evidence either that he had himself or
that his grantors had, made all tho improvements
which there upon the place, and as the defend
ant had introduced no evidence to the contrary the
jury directed to return verdict for all the
profits. The jury thereupon returned u verdict for
$452, SS-dGmages.
THRALL & PoND for the Plf.; ORMsBEE & Ed
GERToN and FooT & HODGES for the Deft.
Adr. of Joel Beaman This was an action Of as
vs. SumpSet upon written con-
| David Russell tract of the defendant, to in
demniy the plaintiff for signing certain votes to the
Bank of Rutland as surety, SC. Upon producing
the contract and offering it in evideuce it appeared
upon the face of the instrument that its date had
been altered from the 18th to the 10th of March,
1927, and that the dates Of the notes described
therein had been altered from the 18th to the 10th
of March. The defendant claimed that the said
writing was inadmissable and could not be read to
the jury without evidence on the part of the plain
| tiff that the said alterations were made before its
execution or delivery, or else were subsequently,
made with the assent of the defendants and the
Court so decided The plaintiff 5eing unable to ex-
plain said alteration, submitted to verdict and ex-
copied to said decision of the Court for the pur-
pose Of having it revised in the Supreme Court.
ORMsBEE &.EDGERroN and PtERroINT for the
Plf.; WRIGHT, BRIGGS s. WILLIAMS, Foor s,
HODGES, & S. s. PHELPS, for Deft.
Daniel Plat Action of ejectment for lands in
VS.. Chittenden. The plaintiff claimed
Asa Thomas, by possessory title under one Otis
| Whan1nr tho in haip ,rip Nv
as to the locality of the metes and bounds mention
ed in his deeds and the extent Of his possession.
| Verdict for the plaintiff
PlERPoINr for Pie; THRALL & PoND and
BRIGGS & WILLIAMS for Deft.
Ben. amin +. Langdon } This was an action on the
case in the nature Of waste.
Jesse Paul 1t appeared that the prem
Uses upon which the defendant formerly lived had
been mortgaged by him to Francis Slason, who had
assigned the same to the plaintiff. The plaintiff
brought bill of foreclosure upon which he obtained
decree by virtue of which he now owns the prem
ises-during the time limited by the decree Of fore
closure for the payment Of the amount due upon
said mortgage, the defendant cut down number
of pine timber trees then growing upon said prem
ses and for the injury thus done to the premises,
the plaintiff sought to recov erand the court charg-
ed that theaction was sustanable--Ner
dict for the plaintiff Damages $685..
ORMsBEE & EDGEEroN for Plff.; PIERPoINT and
EvERTs for Def.
| Farmers Bank ! This was an action for money
VS. }had and received. 1t appeared
Curtis Kelsey. that in July, 1914, the plaintiffs
held note against the defendant for 5000, upon
which note the defendant made payment upon the
25th of said July, which was endorsed upoh said
note at Sj65 and the note subsequently given up to
the defendant upon the payment of the balance.
The plaintiffs claimed and gave evidence intending
to show that but $l65 was actually received, and
that said endorsement was of 500 too much The
defendant gave evidence tending to show that he
paid at that time the full amount that was endorsed
The jury after being out fourteen hours, having
been unable to agree, were discharged.
| BN1CGs & WILLIAMS for PHI. KELLOGG and
P1ERpoINT for the Deft
Rollin Robinson J This was an action OF tresspasS
VS. for driving loaded team over
Enoch Gone. the leg of the plaintiff who at
the time Of the occurrence was sliding on hand
sled upon the road where defendant was passing
with his team. The plaintiff was at that time but
four years old and his leg so injured as to rer-
der its amputation necessary. (Ihe cause was tried
at the September term, 1916, when a vercict was
found for the defendant, again at the April term of
1917, when the plaintiff recovered full reports Of
both these trials with the facts as they appeared
in testimony, and the law applicable thereto as laid
down by the Court, will be found in the Voice OF
Sept 2lth, 1916. and of May 9Th 1917, The test-
mony at the present term was to the same effect
as at the former trials but more full upon both Sides
and the charge of the Court was substantially the
same as it was at the trial at the April tem) Inc
cause was commenced at S o'clock, A. Mon Friday
/ Sept. 18th the testimony was closed at about|
O'Clock P. NJ. of that day-and the argument and
charge ofthe Court lasted from s, A. NJ to IA T.