Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-03-05
LOCAL INTELLIGENCE.
Supreme Court.
WfNDHAM IS. FEBRUARY TERM, 1850
Present. Hon, Miro L. BENNETT, Presiding 5tidge.

nor right Of possession. G. N. Davenport for plain
tI; II. n. Xix and bradley 4 Kellogg for defendants
Cyrus Holden vs. Oren p. 7mrey.-This was re-
plevn for cattle mpounded damage ftdsdnL The
case was referred and to this Court upon exccp-
tons to the judgment of the County Court upon the
Referees Report. question arose upon the facts
found by the Referee to the right Of the defendant
to impouud the cattle. We cannot make such ques-
tons ineligible without rectng all the facts, which
would be too vouminous for a newspaper report, nor
would it he of general intent The Referee reported
that the cattle broke into defendants close August
7th and were in there diverse other days and times
between that day and the 25th' of August on which
day they were mpoundcd
Held that the defendant could recover in this ac-
ton only for damage done ut the last time the cattle
were in the close. c. n. Davenport for plaintiff But
Ter & knowon for defendant.
Erasmus Ptmpton VS.. Sonerset.--The only question
in this the constutionalty of the reference
law. 1t deliberately argued by b. L. Knowlton
and H. T.. Stoughton in support Of the law, and by
Judge Kellogg md J. d. Bradley against it. The
Court ordered the continued to the General Term
for rc-argumen, before the full Bench.
Ezra f. Kim5aR vs.. Hiram Nuitiag.
Same VS. Roseea Caaeader.
Same VS. Cyrus Locke.
Same vs.. 7homias Wells
These four cases were all connected and presented
but single point. kmba let his farm to Calender
to curry on "a halves and stock was bought to put on
it, and IL became important to show what the contract
between Kmba and Calender in relation TO the
ownership Of the stock was kimball's testimony
tended 10 prove that lie bought and owned the stock
solev and the defendants testimony tended to prove
that bv the con,rnct Kinba advanced the money for
the purchase u the stock and that Calender was to
pay him one half the purchase money. ichenerer he
rds able, and that they owned the stock in common.
Kmba then offered to prove that at the time Of the
contract alleged by the defendants, Calender was
poor and Of ro pccuniary responsibility.
Held, that such testimony was admissible. j. D.
Brdcman for planor; Stough,on & Grant for ,eren-
d"nt'
Di'ies Darison vs.. hReH Naturalization for
new trial of IA case deiauted before Justice Of the
Peace
Held, that the forgeifulness Of agent employed
by the defendants attorney, to attend at the time and
place to which The case had been continued By the
Justice, was no ground for granting n new trial l..
Kirkland for Plaintiff Bradley & Kellogg for detou-
daut.
Asnph Knopp vs. lGirBoro.-Actiop for breach Of
covenant for quiet enoymeut of certain land in Mari
boro. The plaintiff to prove An eviction introduced
the Record Of Judgment in an action of eectment
against him BY one Gett and then offered parol proof
that the land from which he was elected was covered
by his lease from Marlboro although the description
OF the land in the Record Of the action of eiecimeit
was Of hand in Dover Marlboro objected TINT the
Record Of the action If cicctment was conclusive in
this action as to the description Of the land and that
the plaintiff WIS estopped from proving ANYTHING to
the contrary
sui, q, Giie,, =, K,,,r v.o,,d no, !. -,
the Record and thcref,re that tho ,l,,,;o !, H..
tion was no, conclpael by il and ,h,, ,,r,l
fe-ed wns admissible. C n. Daver,or, and s,o,,-
ton X Grant for plairtn. Br,dIev G. Ke,,oc, c,r a.
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