Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-01-20
Orleans County Court.

No. 4O.-Orrin Cutler ct. ais. IS. Bar
ton. Albany and Irasburgh. Road petit
ton. This petition was for road from
Barton village to the east part of Albany.
T. ]. Cree, A. f. Judeyine and Jabez
Pinney were appointed Commissioners
to examine the route proposed and report
their doings to the court. The commits
sioners examined the premises, laid the
road and reported accordingly at this
term. The report was accepted and the
road established. Barton and Irasburgh
under the order of the court are to have
one wear in which to build their respec-
tive shares. Albany is to make the al
iteration by Vance's in one year and build
the rest within two years. The costs are
to be apportioned to the three towns ac-
cording 10 the amount of road in EACH
Prenliss tor Albany and Irasburgh +;
Tucker and Grout for Barton; Sartle
for Petitioners.
No. 4G.-Henry Field IS. Levi Child,
apt. This was an action upon book sent
out of this court to be audited before
Jesse Cooper, The auditor reported
three items in the defendants account in
the alteration -, subject to the opin-
ion Of the court as to whether they were
proper subjects of book charge or not
The court decided that where it was
agreed between the parties that a note
should be charged upon book, that Il
might be received in this form Of action
otherwise the action must be assumpsit
But where the plaintiff borrowed the de
PENDANTS harness and never returned It
hut allowed it to spoil for want of care
the court held that it could not be recov
cred in an action on book. In this cast
the auditors report was for the defend
ant. Judgment for the defendant on tn
report as reported, deducting the charg
for the harness.
Edwards & Stewart for plaintiff; Sum
ner for defendant.
No. "A. W Williams VS.. Lev
Sheppard and TT. and Claimant. Actio
in assumpsit against Sheppard as princi
pal defendant and Joseph Clarke, and Or
ra Crosby claimant, The principal de
fendaut sold COW to Clarke and took
note payable to Ora Crosby. TWAS nc
made out that Crosby gave Clarke an
notice that he held the paper. But tn
counsel for the claimant claimed that til
fact that the paper was made payable
Ora Crosby was sufficient notice, so tn;
his title to the paper was complete. Til
court held differently, found the motto
defective and adjudged the trustee liabl
Exceptions.
Sartle for plaintiff; Edwards & Stev
art for Trustee and Claimant.
No. 56.-John Wilson apt VS.. Amo.
Parker. This was an action in trespa
for taking horse. The horse was tax
by the defendant as an officer and sold
an execution in favor Of Robinson
Cook of Charleston, and against one 0
yer Wilson the son of this plaintiff,
appeared from the evidence that in t
spring of 1857, Oliver turned out Il
horse by way of securing debt at Il
time due from the said Oliver to II
plaintiff, and that the plaintiff was holdi
the morse as such security at the time
was taken by the defendant. Defenda
sclaimed that this whole story was fab
cation Of the plaintiffs, and for the p
pose Of covering mp the property. IT
by jury. Verdict for plaintiff, S43
and costs.
Dickerman for plaintiff; Edwards
Stewart for defendant.
No, 57.-David Clough admir- VS.. J
This action was brought by David Clot
as the administrator upon the estate
Moses Clough, claiming damages Of
Town of Jay, for the insufTiciency Q
highway in said town, by reason of VIII
the said Moses Clough was killed as
was passing over it in the fall Of Is
The action is based upon the stat
which provides that where q recover
had it shall 90 for the benefit Of the '
ow or next of kin of the deceased.
this case the deceased left a widow
three children in INDECENT circumstan
The testimony disclosed that on the n
Of the 29th Of October, 1858, the
ceased was passing in a wagon over
road leading from Jay to the tow
Potion, Canada East, and that at a
place 10 the road the hat of the dece
was found, and that from near that 7
could be traced trail upon the gro
as Of a man dragging, to the place W
he was found dead. The bad plaS
the road was near a sluice and descr
by the witnesses as being a mud hole
tweIva IN sixteen inches daan