davidaulloa/AmericanStories huggingface dataset:
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
Adr. Of J. Bcaman) Action of assumpsit on n

Adr. Of J. Bcaman) Action Of assumpsit on n
vs.. contract or writing of guaran-
David Russell. ty, Upon trial in the county
court, the original contract offered in evidence
by the pff., but upon objection by deft it was OK
cluded by the court, on account Of certain oltco-
tons apparent upon tho face of the writing, in en-
PLANTATION Of which the plh gave and offered no tes-
timony To the decision of the court, excluding
the writing, the pl0s excepted The case was ar
guod by L. l.. Ormsbce and r. Pierpont for the
ph., and by f. N. Briggs and S. Foot for the delft.
HALL, Jude, gave the opinion of the court and
without going into M examination OF the author-
ties or discussion of the case, barely stated as the
point decided-that where an instrument in writing
appears to have been altered there is no presump-
ton that the alteration was not made after the exc
cution of the instrument but the question whether
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
Ormsbee & Edgerton for Def.

Edgorton Action of ecctment, in which the
vs.. County Court had rendered judgment
Clark & ais for damages againstall the defendants
jointly, for acts and for portion of time when the
premises were in the occupation of one part only
of the defts, to which the dcfts. excepted. Argued
in this court BY c. B. Harrington for defts, and by
C. w. Harman for pln. The Supreme Court con-
sidcrcd this judgment erroneous, holding that there
should have been no recovery except for acts in
which all concurred.
Thurman for PHI.
Harrington & Ross for Defts.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

parol one was sufficient, and on this account the
pllis revocation was too late. Judgment OF coun-
ty court affirmed.
r. Picrpont for PHI.
Evers and Foot for Dcft
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Ioab Smith ! This was an appeal from an order
VS.. of the Court of Probate, allowing
Sarah Smith. } the said Sarah dover in the estate
of her late husband. 1t appeared that her husband
had left a will in which there was provision for
her in lieu Of dover This will was duly probated,
but the executor declining to act an administrator
was soon after appointed, with the will annexed.
The widow, more than eight months after the pro-
bate of the will, but within eight months after the
granting of administration, by application to the
Probate Court waived the provision made for her
in the viii Of her husband and claimed dover in
his estate The County Court decided that the
waiver and claim were not within lifetime limitedby
thc statute, and reversed the decree Of the Probate
Court which allowed dover. The case was argued
by Il. PierPoint for appellee, and by Chas. L. Viii
ams for the appellant. BENNETT, Judge, gave the
opinion Of the court, which was in afirmance of the
decision Of the county court. They held that
sec. Of chapter Il Of Rev. Stat, obviously was i'll
tended to refer to- and to provide for the two classes
Of tsate and interstate cstatesand that where there
was will the claim for dover was limited to eight
months from its probate.
Briggs s. Williams for appellant
T. Picrpoint for appellee
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
Williams & Bliss

VS.. y insurance. The defend
Vt. Mutual Fire 1ns Co. ants plead in bar the lin
itation created by the 18th sec of their act of ncor
porOtion The whole question arose upon the effect
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Greenleaf) This was an appeal from a decree Of the
VS. Court Of ChanCcry in which the defend
Leach. } ant was ordered to convey certain prem
ises to the orator upon the payment by him of q
certain SUN in tho asccrtainment Of which the ora
tor had been allowed SIS for damages sustained by
him in consequence of the defendants proceeding to
execute writ Of possession and execution which ne
had obtained in an action Of cectmcnt for the pre-
misses in question: after an application had been
made for an injunction to stay proceedings upon
said Judgment and after notice had been served up-
on the defendants solicitor that upon day named
the Chancellor would hear and decide upon said
application.
The cause having been argued year since DA-
Wis JUDGE at the present term gave the opinion of
the Court in which they held that this sum Of $75
was Improperly allowed. The Court considered it
doubtful whether party could be guilty of COLI
tempt in thus acting after notice but before an i'll
junction was actually granted but in this case they
notice to the party only that an application was to
be applied for and not sufficient to put him on
his guard and render his conduct contempt to the
same extent as though he had had actual notice.
The said sum of $7j was therefore ordered to be
deducted from the sum which the orator was to pay,
and the decree was in other respects affirmed.
The following cases were heard and determined
ut the present tcrp;
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Rogers } This was an action on the case in which
We. the questions discussed we're concerning
Bancroft. the relative rights CT the parties to draw
and use water upon certain stream where they
both claimed rights. The rights of the respective
parties depended mainly upon the construction Civ
on to the various deeds Of conveyance under which
they claimed. The plaintiff obtained verdict in
the County Court. HALLJu gayo the opinion
of the Court reversing the decision below, but did
not 90 into a full discussion of the reasons upon
which their decision was based on account of the
numerous and complicated descriptions in the vari-
Gus deeds, but merely stated the several positions
established. (Thesc principles being applicable
only to this particular case, and general princi-
pie being involved, are not considered Of sufficient
interest to be fully stately
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Bucklin ! Action of troyor for thirty ton of hay
VS.. (which the plaintiff claimed title to as
Champion. J an attaching officer. The plf. had in
his hands writs of attachment against - Phillips,
who was the owner of the hay in question, which
was situated in barns on the premises which he oc-
cupied. The pf, left copies at the town clerks
Office in which the hay was described as being in
the barns "on the premises occupied by the de-
fcndant.n In his return on the original he omitted
the words occupied by the defendant" and mere
" described the hay as being in the barn con the
premises" Judgments were duly rendered and the
executions scasonably issued and put into pllls.
hands for collection; previous to which time the
deCt hal purchased the hay Of Phillips and used it.
The County Court rendered judgment for the pf,
to which the dett. excepted. The question as to
the sufciency of the attachment was argued by d.
f. Nicholson and c. Il. Harrington for the deft. and
by II. Button for pll.. HALL JUDGE gave the opin-
ion of the Court in favor Of the sullciency of the
attachment. They considered the return Of the
plaintiff upon the original as sufficient provided he
the leaving the copy at the town clerks Office was
authorised by the statute MS substitute for taking
possession, if the copy so left contained sufficient
notice of the attachment and Of the situation and
locality Of the property it answered all the purposes
Of giving notice to others which the statute contem-
plated should be done by the leaving Of the copy
instead of an actual possession being taken. They
further thought that the return on the originals
should be considered rs necessarily referring to the
premises occupied by the defendant and in this re-
poet was sufficient Judgment Of County Court
.hlrmcI.
Button for Plaintiff.
Nicholson and Harrington & Ross for Defendant.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
of the following votes of the Directors of said INSTR
ance Company:

'1TNU NVIIIPFIIy
4tI, JAN, lsH--"yoted to reject the claim of VIII
Jams & Bliss of Castleton for loss
';noticed Sept. 81 1913, No. 3320G,
Williams being indicted for setting
the mil on fire.
9TH Aug ISL" On report of l. 7. Wright in case
"of the claim of Williams & Bliss of
"Castleton for loss in September, 1913,
"notice September q, 1915 No. 33206,
"wholc rejected by the Board, Jan. 4,
ISL and on examination of an agree
"ment of said Bliss with said Wright
"as per his reportt allow said NJ. W.
Bliss one half of said loss on the saw
"mill after dcductng one half the
"amout saved. Voted to allow said
Marcus W. Bliss the amount as re-
ported for his half of saw mill the
"sum of $4,000.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Anthony Baker) This was an appeal from the
vs.. Court Of Chancery, in which the
Lewis Russell. orator obtained decree for the
relief he prayed for. 1t was argued by c. Linsley
for orator, and by Chas J.. Williams for dcft The
opinion Of the court was delivered by ROYCE, CHIEF
JUSTICE affirming the decree Of the Chancellor.
C. Lnsley for Orator
Briggs & Williams for Deft
On each of the last two cases almost the only
matters in dispute were questions OF fact which de-
pended for their determination upon the sulciency
Of the testimony introduced; inasmuch as no doubt
full question of eitherlaw equity doctrine orproc
tee was in dispute, and statement of the testi-
mony sufficient to present the questions in issue in
telgbly would occupy too much space, any state
ment Of rparticular nature or character is omit
ted
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Nelson Action for money had and received to re-
V, cover back money Paid by doft.,to plh, as
Cooley. } usurious interest. 1t appeared that the
pG was owing the deft. 500, for which he gave
him his note and two or three notes Of SO each,
which were Cor the legal and extra interest to be
pajd on said 500, for the successive ycars-and
gave q mortgage upon piece Of land to secure their
payment. One Kelsey subsequently, purchased the
land upon which this mortgage was, of the pld. for
$500, aadas part Of said sum was to pay these notes
to tho def, which he subsequently did. Upon these
facts the County Court rendered Judgment for the
plaintiff. The case was argued by L. c. Kellogg
AID L, n. Bri gs for the d6ft. ard by R. Pcrpoin.
for the plr DAVIS JUDGE gave the opinion Of tic
Court, that this was as much q payment Of thonotcs
70 the dofr ~ the PHI as though Kelsey had paid
the monay TO the PIN and he to the def. sc. judy
mcnt Of the County Court affirmed.
P.crpoint for Plaintiff.
Kellogg and Briggs & Williams for Defendant.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
ThraIl u Pond and Hodges, for PlaintiG.
0. Clark and Briggs & Williams, for Defendant.

Langdon Action on promisory notes dated in 1881,
VS.. payable to Francis Slason or order by him
Panl. } endorsed to pjG Plea, the general issue
and statute of limitations. Upon the trial in the
County Court, the plaintiff, after Introducing the
notes. offered in evidence writing signed and sealed
by the defendant within six years, which contained
ageneral acknowledgment, to lit may concern
that the notes in question due thai the defence
Of the statute of limitations were thereby waived,
and concluded with promise to pay the said notes
according to their tenor To the admission of this
paper the defendant objected on account of some
interlincation but the Court admitted it. The
deft. then contended that this was a security OF 4
higher nature, and that the cause of action on the
note was merged in this instrument; but the County
Court decided otherwise. The deft. then introduced
q bill Of foreclosure of mortgage given to secure
these notes and several others, all of which were set
forth and claimed in the bill, and also the decree
thereon in favor Of the orator, the present pln., in
which these notes were not computed by the di
rcctiOn of the orator in ascertainng the amount due
and claimed that this amounted to an adjudication
upon the notes in question, but tho Court decided
otherwise, and charged the jury that neither of the
above matters amounted to sufficient defence
Verdict for plf., and exceptions by delft, which
were argued in this Court by NJ. G. Everts and A.
Pond for the deft., and by f. /. Ormsbcc for the
plfI HALLJudge in giving the opinion of the Court said
That the interlineaton in the written acknowledge
ment was wholly immateral, and could be allowed
TO have no effect in any way-that the rule that
simple contract is merged in a speciality security of
the same extent, was one which, when it did opor-
ate had its foundation in the intention Of the parties.
But that it apparent that there was no such in
tent in the present instance the design Of the sealed
writing being obviously to continue the notes as val
id and subsisting obligations in themselves. More
over that the sealed instrument was not of equal ex
tent with the notes themselves the latter being ne
gotiable which the former was not In reference to
the proceedings upon the mortgage he remarked that
they could not be considered as in any way an adiu-
dicaton upon the notes or a satisfaction of them
unless the premises were of sufficient value to nav
them, in addition to those included in the decree
which was not pretended. Judgment Of County
Court affirmed.
Langdon and Omsbcc s. Edgerton for PHI
Everts, Thrall & Pond and Pierpont for Deft.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16

Adr of Jaazanah Barrett) This was an action on
Vs. the case commenced by
Lucus Copeland the intcstatc in his life
time against the defendant, for false return on an
execution against the said nostatc, which the pIf.
had in his hands as constable of Middletown for
collection. The declaration stated that the plaintiff
had commenced an action against the defendant, for
false Imprisonment, in which he had been defeated
in consequence of the defendants falsely returning
on said execution that he had arrested the plaintiff
and Introducing said return in evidence as justiii-
cation Of said Imprisonment complained of, by
means whereof the plaintiff had been greatly inur-
cd, had expended large sums of money in prescott
ing said suit, &C. During the tendency of the suit,
Barrett, the plaintiff died his administrator entered
and sought to prosecute the suit. The def. filed
motion to dismiss on the ground that the action did
not survive, and upon the hearing this motion the
County Court so decided and dismissed the suit, to
which decision the Abr. excepted The case was
argued by a, Pond and s. II. Hodges for the Adr
and by c. l.. Williams for the deft. The opinion of
the Court was given by BENNETT JUDGE, in which
he went into particular examination Of the vari-
Gus statutory provisions which had existed on this
subject Of the suryivorshp of actions; discussed the
pUrort and extent of the provisions in the Stat 18th
Ed ILL., C. 7, and those of our own State passed in
l70 1897, 1921 and 1883, when the present Revised
Statutes were enacted, and came to the conclusion
that the latter copied from the Rev. Statutes of
Massachusetts, passed in 1896, and that the cxprcs-
sion, "dAmaGes done to personal estate" must be
limited and construed as it had been in Massachu
sets, to extend only to damages done to some spc
cifc personal estate and did not therefore extend to
the case at bar. The Judgment of the County
Court was therefore qgfrmcd
ThraIl Y Pond and Hodges, for Plaintiff:
0. Clark and Briggs & Williams, for Defendant.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
John Kellogg and Abr. of J. Aiken !

VIM. Bedding and Chauncy Il. Walker. going.
The above cases were suits in chancery, in both
of which C. R. Walker obtained DEGREES in his ia
vor and they appealed to this court by the said
Kellogg and Aiken; were argued by c. L. Will
larns and Z. II. Briggs for Walker, and by S. Il.
Hodges and L. c. Kellogg for Kellogg and Mken.-
DAVIS, judge, gave the opinion Of the court, affirm
ing the decree of the Chancellor.
Briggs & Williams for the orator i'll original and
for def. Walker in cross bill.
kellogg and Foot & Hodges for deis. in original,
and Tor complainants in cross bill.
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
Briggs & Williams for appellant.
L, Picrpoint for appellee.

Chauncy r. Walker Bill in chancery for the re-
vs.. dcmpton of mortgaged prem
Vim. Beding, John ises, an account Of the rents
Kellogg, and Adr of and profits &c. &C.
John Aiken
and
The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-03-16
Court Calendar.
Reported for tie Voice of Freedom.

Supreme Court, Rutland Coumiy, Fcj.1erm, AS.
Tho Supreme Court for this County commenced
its regular annual session Mt Rutland on Tuesday
Feb. Sth. Present
Hon. STEPHEN ROYCE, Chief Judge.
Miro I, RESSTTT. !
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20
"Improvement of Worn-out Lands.n woul,

Improvement of w orn-out Lands" would
seem to be subject not easily sworn OUT"
for each month brings 'another Richmond
in the feld'' equal to either of the two ORR
nal disp1uants, while it would seem that even
they two are armed for the fight. 1t has
certainly been productive of good, and its
effects will hereafter be more sensibly felt
than even noav. "The Dutchman'' comes
with his acAole team. and does himself credit
and ''B. ]. So is hailed with pleasure by
all who know who ii is that claims those
initials; for he will, hope, take your hint
and contribute frequently to your journal,
which would be valuable acquisition to
your hos, of contributors, for he is ready
wrter-a close observer of men and things,
and has much practical wisdom.
PATryrNT Pr INTER-
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20
AGRICU LTU r A L.
GEN ERAL REM Al X s.
BY PATUXENT PLANTER.


To the Editor of the american Farmer.
Mr.. EDIroR-My thanks are due TO you
for that neat little book, the diseases
of Animals by S w. Cole, Esq 1t really
is multum in paruo, and no mistake. For
book so unpretending in appearance, it is
production for the farmer as any that has
been lately issued faom the press.-Wiih
that book in his pocket, a farmer has always
with him all experienced veterinarian-an
intelligent and humane friend and adviser,
that teaches him how to treat all his stock,
both old and young, sick and well-gives
useful lessons upon the comfort of animals,
and points out the facle way to increase his
wealth at the same time he is prac,icing ,ha,
principle of christian charity which proves
him "merciful man." for he sis mercilu
to his beast."-I would advise every farmer
to possess copy. While looking over i. !
came across this passage-"Horse-radsh
root is valuable for cattle. 1t creates an ap-
petite, and is good for various diseases
Some give it TO any animal that is UNIV ell"
No doubt of it, but too much of it will
kill cows, and they will sometimes eat of
it until they die from it, This know from
sad experience, having lost valuable Devon
COW from eating too much horse-radsh
root. Her paunch was literally burned
through, looking like it had been exposed
to a searching fire for some time. "Saliua-
ton of slobbers," usually attributed 10 the
second crop of clover, but he GAYS 81, is evil
dent that clover has no such an effect, from
the nice experiments tina. have been made -
This is the first time | have ever seen this
assertion in print; but my own conclusion,
from close observation for wears past, has
has been in accordance with this fact as
stated by Mr.. Cole. Upon some fields
horses will have the slobbers badly: on
others they never have them. This year
my horses did not have them when running
on second crop of clover, but being turn
ed on another field where no clover was,
but which contained crab-grass and other
apparently good grasses, they had the slob-
bers very badly.
SCALED Back.-White lead moistened
with milk is an excellent remedy."-l be-
lieye it to be capital remedy for most
sores-be,,er than tar or turpentne and oil.
Col w. D. B. always uses it with effect
At his suggestion tried it on sore leg of
mule. 1t was very beneficial.
As an illustration of his chapter on
@Spine," he has judicially selected fine
print of a Chester SOW There can now be
no doubt that they are the best hogs
for the plantation, where no extra pains are
taken with the hogs; for they are thrifty,
hardy, and as Mr.. Cole says, :sare noted for
large size, rapid growth, early maturity, and
propensity to, fa,ten; they are also dis
,inguished for symmetry and beauty OF
form.''
The author of this little work strongly
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20

gallant Gillespie dismounted and at the crack
OF his rifle, the chief fell headlong from his
horse. Panic struck, the Indians fled in
dlsmay, pursued by the Texans, who gained
complete victory. On the battlefield of
Pierdenales lay some thirty odd of their
dead; how many were wounded. was not
known. On the part of the Rangers, two
were killed, and some four or five wound
ed, among them Gillespie and Walker, since
celebrated in American history, who were
both speared through the body.
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20
Mr.. Hurd, the celebrated teacher of gram

Mr. Hurd, the celebrated teacher of gram
mar, once on a time, at Hopkinton, Mass,
set his class to parse the following lines
from Pope: -"Heaven from all creatures
hides the book of fate. All but the page
prescribed" sc. The word all in the Sc
cond line had been parsed, when coming TO
the word but, and directing his eye to the
next pupil, the master said, "Bui, the next"
No sooner was the word out, than plump
went the head of the pupil into the bread
basket of his next ighbor.-"Boo! hoo!
hoo % roared the latter, mos, Justify. "What
are you about there - said the master, to
the former, ii am butiin' the next, sir, as
you told me to-" replied the lad. Fl.
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20

CURE FOR CROssNEss.-A sensible wo-
man of the Doctors acquaintance, (the mo-
Their of young family,) entered so far into
his views upon this subject, tina, she laugh,
her children, from their earliest childhood 10
consider iIl-humor as disorder which was
to be cured by physic, Accordingly, she
had always small doses ready, and the little
patients, whenever i. was thought needfuI,
took rhubarb for the crossmess No punish
ment was required, Peevishness or ill-lem-
per and rhubarb were associated in their
minds, always as cause and effect The
Doctor.
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20

LIMBS REToRr TO LABLAcHE,-On the
occasion of Mademoisele Lnd's second re-
hearsal at the Opera House, the celebrated
LabIache was so delighted with her singing,
that he came up to her, and said, enthusiast
tically-
"Give me your hand. Every mole in
your voice is pearl" .........
''Give me your hat," was the reply of the
fair singer; and then putting it to her mouth,
and giving one of her incompatible roulades,
"here," said she, ''is halful of pearls for
you.'
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20

BLusH.-What mysterious thing I'd
blush, that single word, look, or
thought should send that inimitable carna-
ton over the cheek, like the soft ,ints of a
summer sunset! Strange, too, that i. is on
ly the FAcE-the human (ace-,ha, is ca
pable of blnshing! The hand or foot does
not turn red with modesly or shame, any
more than the glove or sock which covers
it. It is the face that is Heaven! There
may be traced the intellectual phenomina
with confidence amounting to moral Ger
taipty, ..s