The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1858-09-11


settlement should have surrendered zap tb,
securities which they had taken Of def, and
prosecuted their suit tor the flIl amount Of
their claim, the den..uot being 10 blame for
the mistake in the settlement
Shade Edwards iol pIH7. y a. Cahoou
snd Colby Tor def
No, 81. N artrH Hooir " Bay0mh =,
hrlass This was an action on the case
against def, for disturbing plTs aqucduct
on deh'r land. Il appeared that pin had
but o reyersionary right in the aqueduct, his
son occupying the premises TO which the
water came under contract Of same kind.
The def claimed that plf could not recover
inasmuch as ne had suffered no damage by
reason of the disturbance Of the aqueduot,
Tho County Court rendered judgment for
plf for nominal damages and costs, which
this Court affirmed.
Hale and Underwood for plf Davis for
doh.
No 81. Hurtrtf, BcusoH aHd Co. ", Nirt-
~ a. JohHgon, Trustees n H. N. Nirlois, 4
/ n, QmabH ilimaA The q hesion In this
case arose upon the report Of a commissioner
/ in regard 20 the liability Of the trustooa. The
trustees were indebted to the def upon note
but before the service Of the trustee process,
mad been informed by son Of the claimant
/ that the note hnb been transferred TO his
| father, The son gave the notice without See
Ing bis father or being requested hy him 10
give Il, The father adNwurds and before
the service Of the tustc6\ process, saw his
fson and approved Of what hk had done, The
court decided that the notice was good
and the trustee should beIdschargc d, affirm
/ iug the Judgment Of the County Court,
willard s. Ross Tor pIE bartlett Tor truss
tcc,
M. Jr-rJ7A -i-ttrr-v 5'r--tr if7-7-r5
Was on action Of rcplc,n for some sheep
which the do6 had taken doing damage in
his lcld and impouudod, The def did not
give lcF1l notice 20 plE to be present ~ the
appraisal of the damages although legal Ds
10 the impapuding. The plG then demand
ed the sheep but did not otter the def. the
legal costs that had accrued. Tho den
claimed tho damages illegally appraised and
said nothing about the costs, bat waived the
damage, ON the trial In the county court
This court held with the county court TINT
the original impouuding being legal, the PHI.
was not entitled 90 recover IN his action, be-
cause be- did not oGcr to pay legal costs at
the time be- made the demand notwilhanud,
iug the def then claimed the Illegal damages
and only waived them in the county court.
Dewey aud Underwood for plG Potts,
Peek * Colby for def.
No. a. Samuel H. Hooper v JoscJh RI
kcr, Was an action Of troyor for horse
which the def. took in his field doing dam
age. It appeared that pld, and def. own
adjoining fields between which there was no
legal fence. The plG turned the horse in
question into Ills field, which passed over I'M
TO the dcft's field in which there was piece
there wns no legal division Graicc -J between
PIN and def the piiE had no right to turn
bis horse into his field, or at lcast,'if hc did
go, he did it at his peril, and dcrt could IT,.
g'lly impound the ho'sc il hc took him do.
Ing damage, although dcli. had mo- .cgal di.
vision fence, or legal fence ON other parts of
his field, thereby affirming the decision Of the
county court
Potts Peck \ Colby for pin. Dewey and
Underwood for dcft
40. 10 rff5rHgvyf, Cook Il %. y. School
instruct No. ~ IVndoa, Trustees Of H. H.
NICHOLS, anil Claimants 10 the GiJdy IN Hr'
hd'ds oChe Trustees. The following fact,
appeared from the disclosure Of the trustees.
The def. boy lid at auction contracted To
build a school house for the district for the
sum Of SlG9in May 1887, and Just before the .
school house was finished he milcd. The
claimants were persons who had worked by
the day for the def. in erecting the school
house. The school house was attached bv
tho dct's creditors as his property The
school district On the frs, Of September fol-
lowing voted to accept Of the school house
and pay the money when and where the
court should direct. The claimants had
prosecuted their claims in duo form to pre-
serve their time as mechanics. The court
leeided that the mechanics lien did nct.at-
och in this case and could only attach as be- ,
"ecn the owner Of the building and those
Who worked for him, and also that the lien
vas upon the -huildinE and not upon any F.
unds in the hands of the owner of the build y
ng, thereby affirming the decision of the a
curt below. /
Willard \ Ross torpid. G. c. & G. w. T.
'ahoon for claimants. N
No. 30. Thomas BarilcH V. Horace Er- 5
rs, Trustee If Moore, Caicy, &c 80. The !,
ucstion arising in this ease was upon the Ii "
bility Of the trustee from whose disclosure h
lc following facts appeared. The trustee
sheriff attached the property Of Fife 4 Il
'adlcish Of Burke to the value of $1,000 on t'
rits in favor of Moore, Cillcy, 4 Co., Joel u
iic and Dancl Beckwith. The property G.