Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-12-19
From the Boston Courier.
VERMONT REPORTS.


mont BY William G. Shaw. Vol. -.
New Series, vol. ;. Rutland: George 4.
futile & Co. 8vo. PIP. 1888.
There is no community on the globe better
suited for domestic institutions than the State
of Vermont, and none in which democratic in
stitutions have worked better. Three reasons.
among others, may be cited in explanation Of
this. The people OF Vermont are highly in
telligent and well educated they are neither
rich nor poor, without the temptations Of
great wealth or abject poverty: AMI they
have no large cities. And a fourth reason
might be alleged they have but small
admixture of foreign population. At any
rate, it Is certain that the institutions Of Yer
mont are highly democratic. and It IS equally
certain that in no State Is property more Sc
cure. and are rights better protected
The Judges of the Supreme Court are elect
ed every year by the Legislature and vet
Vermont has always had good Judges and
good law. Indeed, if judges are to be elected
at all, we distinctly say, that It IS better that
they should be elected every year, than for
longer period since in the former case
| there never comes a time when il is deter
mined that one Judge shall 20 out and his
successor come in. A faithful magistrate will
| be reelected year by year, almost as a matter
| ofcourse. Paradoxical as il NAV seem, an
annual election OF judges is nearer ap-
proach to an independent judiciary, than an
election for five. seven, or ten years. Chief
Justice Redfeld (now resident of Boston.
and member OF It's BARI, was again and
again chosen by Legislature opposed to him
in national politics fact which we mention
As highly honorable to both parties,
The volume before US embraces the decis-
1
| 1860. 1t shows that in Vermont cases are
carefully argued and well determined, The
reporter has done bis part well, though little
more OF the process Of compression might
have been here and there advantageousy ap-
piled. We have noted few points, for the
benefit Of our professional readers. in turning
over the pages
In Richardson adm. -. Estate Of Merrill
ct al. (p 27) it was held that property be-
| longing to a wife. invested in note payable
TO her husband. which notes were put into
| her husbands hands for safe keeping. and
found there on hi, death. did not pass 10 the
husband administrator, but was still the
WIFE.
In L,man ". LYMAN -. ~ i va held
that wnen lands subject 70 4 Common burden
ar sold IN parcels al different times. and the
deed are recorded in the order Of th-ir exc
cution. the purchaser. Of the different por-
IN -, -
! the conveyances
Ia Lander -. Seaser =. iI;) !; W., L.
..a r;f, - I,,o;sL .'~,.. 80. -.
20. ,.lr,,,,.,,.d i.,,a- 3D., ,,-,a,.-I .-.L.t
r-.L.4,, 49, ~. 49,. 49,. 80 ~.
-, - h.. rr.,. nm -. ,'....,i. - -
- n,,,.,.f b;,,, Wv ....,.l- ....
s-,-,,.;,t, IN, ~. -r.aoI 49, 49,.
.,,d ;r,,,.4,a... t.r5..,.., o.. NM. .,.al.,.
a-' gu -. ,b,. matt. s..Io-.... r..
o'',i
| '-H'S - - - ~ ~
i NM '5:s;c,,. -. H.. -.
J." M. -,..-. ..4
,..,n.,.,... ......... sz...'.l 49,.
- 80 .,,......... t,1 ,r.,.,,,,- en-,
.,l,.7 20, .r..t .,..,.. - -.,-.. .l
- IL. -. ~. 81 g.. -.---~
,''e - 50 -. .,,- .,-
,,o-.,o, ..... ,,.,.5.l.,,.,-,,...I,!
w. nc 80, =. ..,.a,,,,.. -. g., $3.50
"e a. 1a''E ,,-.,,,r... 49,. .-,.. 3D.
%ap!1,.,: ., ;,,,a,.. - ~, :. .to,,,t -
, o,..'.-.' : ..-.,..,-r;.,; ,.,.
80" 49, - 81 r... % -.
h. g.a;s,t -: 81 IL.
o. - - - - ..,-.,. =,
heI by me IFan5oI WIN i .l'.l'. ,aI'. - D'
~ .. nm o.,,' -, = do,. I'll
N''D5 >o'io - - -. ~
/ walnut! unt'' me i',''O3 maj mn
non, ever ,h21- ~. ,Ig', -: IL, i'a.t u
'lc iran 'oF.ie'''e' l. - .'s 10 AA''
II IN Gooi 'al'h' an ~ '5''H. 1'l. u an '
"i'oh lmpoSrd upon ~ ,.eI.'t- ana A''' al
ceS valuable CONSIDERATION %. u.
IN stale v. Fletcher Up a. vas He!a
that under the statute asalhs' oreaNiN- open
a Jai. IT IS an offence 'or PFi>oasr conhned
alone IN lailto break II open that ne may
escape;
| IN Haniord ". fa.;'e sI a. ?. i+Z) " vas
decided that @eneraI voluntary assign
iheht TOT the oeheh' Of rF"'l''r' De ma4f A.
cordihg 10 the laws o. '"r '''-N.'.' Oh 'Ar 49,
sighor' II Will De- N"ii' % .'''' al "e P~Tsoha'
| property OF the a>s'91'T. ""eF"NrT situated.