Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-02-28
LOCAL INTELLIG EN- Gle.
Supreme Court.

terest or importance which came before the Court for
adjudication, far, at least it is possible within
the limits of newspaper. We are indebted to the
oblging Clerk of the Court usual, for this com
pend. !
LOREN 7. HARRIS rs. ASHER HAYNEs.-Ths case |
was referred by agreement of parties, and the qucs
tons of law upon the referees report The suit
was trespass for taking certain articles from shop,
and the question whether the articles were FIX
lures and passed under deed of the shop, or were
personal property. The Court decided that the report
was not explicit enough in regard to certain facts and
recommitted it to the referee for amendment. c. X.
Field, for plaintiff Davenport & Iaskns S. p. Fagg
for defendant
JoNA. ID. BRADLEY rs. AARON PKE.-,Iudgment
for the plaintiff affirmed. Bradley & Kellogg for
plaintiff; Davenport & Haskins, for defendant.
VIM II. FoLLETT rs. WnIr1NGrAM.-,Judgment for
plaintiff affirmed. VIM. II. Foett, pro Sc; II. N. Hx
for defendant.
AsArH KNAPP u.s. MARLBoRo.-Judgment for plain
till affirmed Davenport & Haskins, for plaintiff;
Bradley & Kellogg, for defendant
TowNsIiEND rs. JOSIAH TAFT-This is an appeal
from Chancery, and presents entirely new ques-
ton. road was laid in two parts, and land damages
awarded to Mr. Taft for land taken for both parts-af
forwards ono part discontinued before it was
built ;-the town seeks in this case to have the dam
ages apportoned. Decision reserved. A. Stoddard
for plaintiff; Butler & Wheeler, for defendant
MARTIN Brown rs. CALVIN manufactured
from Chancery. Bill to reform deed. The testi-
mony was vouminous and conflicting Decision re-
served. +. Kirkland, for plaintiff A. Reyes c. N
Davenport, for defendant.
Asa WENTwoRTI, Jr, It ais, rs. SWEET +. BHowN
This case was not argued. The decree of the Chan
cellor dsnissing the bill was affirmed. Stoughton &
Grant, for plaintiffs A. Stoddard, for defendant
DEXTER GILBERT AND WIFE rs. JomN J. CRAM
DALI~-Judgment of the County Court for the plain
tlis affirmed. It's defence to a suit against sher
i'll for not delivering property attached by him on
mesne process to the officer holding the execution that
the receiptors to whom he delivered it were amply re-
sponsibe at the time of giving the receipt The re-
ceptors agents Of the officer for whose sovencv
as well MS honesty he is responsible f. Kirkland for
plaintiffs; 4. Reyes, for defendant.
THOMAS REED rs. john CANEDY-Trespass for II
mare Judgment for plaintiff affirmed r. H. Street
er, H. N Xix, for plaintiff; VIM H. Follett for deen-
dant
NEwFANE as. DuMMERsToN.- for plain
till affirmed. ailer is bound to inquire into the
validity Of the process upon which prisoner is com
mittcd before furnishing to him necessary support
Nor is the right Of town where such Jail is situated
to recover from the town Of the prisoners settlement
the amount of board paid by such town to the iaer,
affected by any irregularity egaity of the COM
mmcnt C. X. Field, for plaintiff; Butler e. Vince
Ter, for defendant.
j. NJ. BARNAED Co, rs. ESTATE OF C. VI.
HoUGHroN.-Judgment for plaintiffs affirmed A sale
OF sprltuous liquors made in another State to resi-
dent Of this State the seller not knowing that they
were to be used here in violation Of laws is good
here, and the contract fine may be recovered in our
Courts, provided such 'ae be legal in the State where
made. G. X. Field, for plaintiff; c. n. Davenport
| for defendant.
LEWIS 5. EDDY rs. SILAs DAvIs-Judgment for
plaintiff reversed and case remauded for new trial.
Stoughton & Grant, for plaintiff; A. Stoddard. for de-
| PENDANT.
MARIA HOLMAN rs. School DISTRICT No. a. IN
| HALIFAX.-Judgment for plaintiff affirmed. GER
tihcate given by town superintendent to Il teacher
Is good for one year from its date the year mentioned
III the statute does not mean merely the official year
OF the superintendent if teacher has valid certi-
ficate when she makes the contract to teach Il school,
the contract will be binding upon the district for the
whole term specified although the year for which the
certificate is valid expires before the school ends
certificate good for any and all districts in the town.
its efficacy is not restricted to any particular dis
trict. Bradley Kellogg, for plaintiff; T.. Kirkland
! for defendant.
Loci BARTLETT AND WIFE rs. WARREN BoYD.-
Decree dsmssing the bill reversed, and orators to
have decree the mortgage executed to Mrs Bart
lett and not the other mortgages Costs to he ap-
! portoned. The certificate of town clerk on deed
is only prima fdcie evidence of the time it was filed
for record The true time may be shown by paro
| proof, though it contradict such certificate.
A. =. STEVENS rs. DAVID L. HOWARD, and Cross
Bill.-Decree reversed and remanded, with mau-
date that the original bill be dismissed, and that the
defendant in the cross bill be enoined from prosecut-
ing his suit Of trespass, and from setting up any claim
to the ten decided by II. L. White to d. T.. How
ard. Stoughon & Grant for plaintiff; A. Stoddard
for defendant.
JOHN REID CALVIN L. SrocKwELL-Three
between the parties were all decided for the
plaintiff, affirming the judgment of the County Court
G. H. Field, c. n. Davenport, for plaintiff Bradley &
Kellogg for defendant.
LORENZO Preston rs. Thomas II. GRAYr-,Judg-
ment reversed and judgment on referees report for
plaintiff. Where debtor offers to the creditor sum
of money saying that he tenders it in full of the debt
due, aud the creditor says, it is not enough but will
/
more words, the creditor taking the money, this is no
accord and satisfaction. To make it SUCH the debtor
must insist that the creditor shall have the money
unless he shall accept it as full pay, and the creditor
must take 1t asserting to those terms either express
y or by conduct rigtfuly authorizing the debtor to
believe that he assents. Davenport & lIaskns for
! plaintiff; 7. H. Streeter, for defendant.
SASDFoRD PLUMB rs. OLIVER NILS Judgment
for plaintiff affirmed. Davenport 4 Haskns for
| plaintiff; II. N Xix, for defendant.
ELBmDGE G. Mason as. Jo.EPu MAsoN-Argued
| and decision reserved. The point presented by the
is whether the fact of jurors being cousin of
party interested the subject matter of the case ON
trial. though not party to the record, is sufficient
set aside verdict, such relationship being discovered
just before the jury came in with the verdict.
The County Court, Judge Redfeld, presiding, de-
cided that if it matter Of discretion that Court
would override the objection, being of opinion rs a
matter Of fact that in this the mind of the juror
not biased by the relationship. Decision reserved
VIM H. Folett for plaintiff; A, Keyes, Bradley & KEEL
| ogg, for defendant.
CoNGREGATloNAL SOCIETY OF HALIFAX rs. JAMES
l.. STARK, Ct dL-ludgment for defendants reversed
aud case remanded for new trial, A condition in Il
deed to religious society in these words to hold the
tha tl,o sbuU