Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-11
s U Pr f. ME RT,
CHITTENDEN COUNTY.
JANUARY Term, 1861.

Thursday, January 3D..
Sally Austin =. Ell Chmendtn, was argued yes
teTday afternoon, by Hard and French for the
| plaintiff and Edmunds for the defendant
| Wm. p. Bugs Us. S. ". Taylor, which was
| isposed of this morning, is the case which occu-
| led the great portion of the last term Of the
County Court. The bill Of exceptions, on which
it is brought before this tribunal among a number
of minor points brings up the question, whether
defendant, before the final determination Of a suit
in which his property has been attached, can main
tain an action against the attaching officer for
negligenty suffering the property to deteriorate
in value. Briggs, Roberts ard Chittenden for
plaintiff; Edmunds. Hard and French for defenI't.
Iim f. EUani y. 4. ". austin and others, Tex
e,utors Of Ethan Austn) was heard this afternoon.
Ia this a receipt was offered by the defendants
in the Court below, in the following language
" Received Of Ethan Austin SlcO. one hundred
and sixty dollars, the same being land warrant
and 81 gned by Wm. Evans and Lucia C. Evans As
to the legal effect OF this receipt the Court chsrg-
ed the jury that it did not prizna (aes import the
receipt Of money, or the land warrant to lie ac-
counted for by the plaintiff aionc, hut to be ac-
counted for by the plaintiff a1d his wife j3.utly.
To this ruling the defendants excepted. g. F
Edmuuds for plaintiT; H. 3 smith, Hard and
French for defc2dants.
January 4tb.
Tho Court adjourned yesterday evening, until
tomorrow morning at 9 O'clock Subsequent to
the argument Of Evans v. Austin, with which the
report Of yesterday proceeding concluded, the |
following causes re heard
Adarels Us. Estate IF Nlrior. Roberts for pltf. |
Shaw for deft
Lydia Mech and 7. +. Wales vs.. Un. Weston !
and ot4c, executors and deysees of the late Ezra
Mech Of Shelburne) Tho laws Of the state in |
reference to the settlement Of the estates of de-
ceased persons make provision for apprcpriating
portion ofthc estate to the supper, Of The widow
during the progress Of tho set lement. The pre-
sent is before the court for the purpose Of de-
ternining the question whether the sums SO ap-
propriated may, or may not, be lawfully deducted
from the amount of any bequcsts orlegacies to the
widow contained in the will Of the testator.
1us'ia y To,r7 Of Burlington was next called
and the reading Of what Is technically called the
'''','--'-. - -''-'' t'''@',''',
-
case which stands for hearing on the docket.
Two petitions for divorce, (PeacIr. Pego5 and
Nos5~ r. Nosl1) appear on the docket and viii
be hcrrl tomorrow morning
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.,, ..
January 5th.
The +gPreme court adjourned finally on satur-
day afternoon.
At the coming in of court in the morning,
Charles j. Alger, Es7. was admitted and sworn as
an attorney Of the coart.
Bills Of Divorce were granted to the following
A'-,'eu parties, 'tne Psfl'"" Delng hfst hahed')
-. 80, - ''''' W '" A'H'''
Daniel w. and Abigail A. MacomJer. +. :.
TAFT Attorney
9''ah 4. and Lowell ;. Bradley -- carron-
''.' attorney
- .. 80 ,' '.', -,-''' '''- .''
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defendant AFFIRMED
State Y. ". p. Briggs. Demurrer is held 70 to
good, and tie indictment insufficient and there
fore "quasbei."