Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-08-06
SUPREME COURT.

the CONSIDERATION Tor one OF the notes was the as
charge from the County Jail, by the selectmen Of
Rutland of ono Henry Allen who was imprisoned
on mittimus issued without any anterior legal
proceedings which would authorize its issue The
case, which is from Rutland County, argued
by C. L. Williams, Esq, for the Plaintiff and by
the Defendant pro ST.
The Bank of the Republic vs. II. Henry Baxter
and others an appeal from Chancery, (also from
Rutland County, wascommcnced to-day. The ques-
tions in the mostly questions of fact inter
esting only to the parties.
Linsey &. Prout and f. J. Phelps for Orator
c. L. Williams and Briggs & Nicholson for de-
fndants.
FRlpAY July 30
The case Of the Bank Of the Republic va. II. Henry
Baxter and others, argued this forenoon by
c. l.. Williams Esq, for the defendants and hv
Chas. Lnsley Esq, for the orator.
The town Of Rutland Edward l.. c. atterton
and others was heard this afternoon. This is
petition for a writ ofcrtiorar to bring mp the
record Of the Rutland County Court ordering the
laying ont ola certain highway in Rutland, and
to set aside the order Of tho County Court laying
out aid highway.
c. l.. Williams for petitioner. Robert pcrpoint
W. II. Smith for defendants.
SATURDAY, July 81
The supreme Court adjourned last evening until
Monday.
The case Of Bank of Middlebury and others ".
Rutland &. Burlington r. R. Co. and Others be-
fore Bennett Chancellor, with whom as annie, cura
are Judges Poland, Pierpoint s. Barrett, is being
heard IN tho Court House to-day.
Thi. is petition for the removal of the trustees
under the II mortgage of the Rutland e. Burling-
ton r. h. c.. The case lisa very important ono
and eminent counsel are engaged upon both sides
Cleo. +. Elnunds Z. J. Phelps L. Underwood
aud !. ". Stuart for Petitioners.
Asahel Peck Roberts 6. Chittenden for Petition
| ecs.
MONDAY, August ?.
The arguments in case of Bank of Middlebury and
other, vs.. Rutland g. Burlington II. r. Co. and
Others, were concluded this forenoon by Hon A
Peck and E. J. Phelps, Esq.
The case of Nathan Wood Vs. the Rutland & Adj
Olson Mutual Insurance Co., from Addison County
was heard this afternoon.
This is an action Of assumpsit upon policy Of In
suronce in which the property Of the firm Of Wood
&Co. insured against loss by fire. The firm of y
Wood & Go. consisted Of Nathan Wood and Austin
johnson. The articles of copartnershp provided
that in Of dissolution Of the firm by the
death of one Of tie partners the survivor should
have the right to take the property by paying the
estate of the deceased its appraised value John;
son died in June, 1852, and Wood took the property
Of the firm and paid therefor. The property was
destroyed by FIRE in Sept. 1854. The defendants
resist a recovery the ground that y. Wood Co.
and not Nathan Wood, were insured by the terms
Of the policy.
c. Linsev, E. j. Phelps for the plaintiff E n.
Briggs, for defendant.
TUESDAY, August 3.
The Of Peter Blood v Seth Bates was heard
this forenoon.
This is AN action Of debt upon award Of arb-
traitors. Defence that the award was made On Sun
day, and therefore void. l.. b. Englesby and Z.
G. Ill., for Plaintiff; Hard and French for defend
ant
The case of Gustuyus 4. Austin Y. Curtis &
Walker was argued this afternoon by W. W. Peck,
ESD, for Plaintiff, and by Z. h. Hard and Jercmi-
ah French, Esqrs,, for Defendants
This is action of assulnpst against the De-
PENDANT. accommodation endorsers of promis-
sorry note for John Bradley. Defence that, after
the note became due, Plaintiff accepted the note of
j. Bradley, endorsed by II. Bradley, at four
months, Ne collateral security to the note sued
upon, and that this implied an agreement on the
part Of the plaintiff to give time to John Bradley
on the cnal note, which discharged the Defen.
dauts.
WEDNESDAY, August /.
Richard W. sherman vs. The Champlain Transpur
tation Company argued by Mr. Chittenden and
Mr. Edmunds for plaintiff, and by L. Underwood
Esq and Hon. A. Peck for defendant.
The case of Hannah Townsend vs. The Admins
TRAITOR of John Downer, ejectment for certain land
in Willi.ton, was argued this afternoon by l.. E.
Chitendcn Esq, for defendant.
THURSDAY, August 5th.-The arguments in
Townsend Downer were concluded this forenoon
by Mr.. Townsend of y. Y, and Hon. A. Peck for
plaintiff, and D. Roberts Esq for defendant
Tho case of Joseph H. Harris Byron steven,
and others, was argued by Z. Il. Hard and Jerc.
miah I, ench Esq, for plaintiff and Geo. f. Ed
nunds Esq, for defendant. This is an action of
trespass for assault and battery and involves an
enquiry into the rights of r, R. Company to
exclude persons from its depots.
We omitted to mention in report Of Tues
days proceedings that Madison Denison (colored)
and Joseph Gravlin pleaded guilty to Informa.
ton filed against them by the States Attorney for
forgery, and were sentenced to three years impris-
onment each in the States Prison. Morris Flana-
gan also pleaded guilty to an Information for re-
sisting Constable Huntington. His address for
the ensuing three months will be at the county
Jail
1t was rumored that there was to have