Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-07-27
Cooper for plaintiff; Sartle and Red
fald for defendant

field for defendant.
Levi G. Moore VS.. Albert Stevens
This was an action on book, audited by
". D. Wilson. Plaintiffs charges were
for medical services rendered in the fam
lily of the defendant. Defendant pleaded
the statute oflimitations. Plaintiff relied
upon new promise taking it out of the
statute. The language relied on for this
purpose was in substance the following
which was used by the defendant on the
day of the hearing before the auditor, he
said, 81 have paid the debt, but if ] can
not prove it I will pay it again" The
court held that this did not amount to
new promise, and gave judgment for the
defendant. Exceptions by plaintiff.
Crane and Wilson for plaintiff; Sum
ner for defendant.
James Boswell VS.. John C. Boswell
This was an action in book account au-
dited by E. A. Cahoon of Lyndon. Re-
port in the alternative-about so of
plaintiffs account was for bis time and
expenses, and for money paid out in OBJ
tanning continuance of certain prosecu-
tons against the defendant pending in the
federal courts at Windsor and Rutland
The plaintiff was bail for the defendant,
and the defendant was in Canada for the
purpose of avoiding a trial-the cause
must then be continued else the govern
ment would call the bail. These charges
were for obtaining this continuance.
The defendant claimed that the con-
tinuance was for the benefit of the plain
tiff as much as for himself, and that he
should not be made to pay the expenses
therefor. The auditor however reported
that the services were rendered and the
money paid out either with the previous
request of the defendant or his subse-
quent sanction. The court therefore
gave Judgment for the plaintiff on the
report for SCI, Sc damages and costs.
WIN. W. Circuit for plaintiff; George
Tucker for defendant.
James Boswell vs. John C. BusweIl.-
An action in assumpsit on notes. The
defendant claimed that the notes had been
paid in part, and made affidavit of that
fact for continuance, setting forth the
manner in which the payment had been
made; but from the auditors report in
the action on book between these same
parties reported above, it appeared that
this matter relied upon by the defendant
had been adjudicated in that action. Is
sue to the court: judgment for the plain
tiff for sos and costs.
| VIM. W. Grout for plaintiff; George
Tucker for defendant.
Benz. B. Jackman VS.. John Little
This was an action on book audited by
Samuel Sumner, The plaintiff claimed
to recover for board of the defendant
The defendant claimed that he was in the
plaintiffs family under contract to do
chores for his board. The auditor re-
ported a balance in favor of the plaintiff
but did not report certain facts which de-
PENDANTS counsel claimed appeared upon
the trial, and which they requested the
!, auditor to report. On this ground the
, defendant made a motion to recommit the
case for another hearing. The cour
: overruled the motion and gave judgment
5 for the plaintiff on the report. Excep
tions by defendant.
| Prentiss for plaintiff; Cooper & Bart
lett for defendant.
Sophrona Shepard vs.. John N. Pine
t This was an action in book account au
d dited before VIM. W. Grout. Plaintiff
B charges were for house work done in tn,
: family of the defendant, and for sewing
done for the children of the defendant
y The defendant claimed that he had set
a tied with the plaintiff and paid her al
4 that was her due, but admitted that Their,
was small balance due the plaintiff
l. mother. The plaintiff contended tina
this balance was due her and not he
:. mother, and so the mother testified. Th
auditor reported that it was due the plain
d tiff. The defendant excepted to the re
d port on the ground that interest had bee
y improperly allowed by the auditor. TIL
o exceptions were oyerruled by the cour
and Judgment given the plaintiff on tn
report.
:; Prentiss for plaintiff; Cooper & Bart
lett for defendant.
= Sentence Of Leazer and Pserce.-At
e ter the completion of the law docket O.
II Thursday afternoon, the court sent tn
n sheriff for John Leazer, who had bee
}. convicted of breaking Jail, and Levi
Il Pierce who had been convicted of gran
d larceny.