Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1863-07-03
Orleans County Court.

carriers and warehousemen, brought tc
recover damage that the plaintiff incur
red on account of the defendants want
~ of care in storing and carrying TO Boston
a large quantity of starch belonging to
the plaintiff. The declaration was found
insufficient, and the plaintiff obtained
leave to file new one.
G. W. Hendee, o. T. Brown and J.
. p. Sartle, for plaintiff; T. 2. Redfeld,
, and j. II. Prentiss for defendant.
S. S. Ovitt v. N. Chase, ap';.-Tres-
pass for taking certain cattle. Plea,
general issue, and a special plea setting
forth that the defendant took the cattle as
school district collector OF district num-
Der l, in the town of Jay. The plaintiff
claimed that he was not legally taxable
in district number /, but that he was an
inhabitant of district number 2 in said
town, and that his grand list was there.
The plaintiff was in district number one
on the first day of April, but before the
list was completed he was set in district
number two, by town meeting called
for that purpose. The case resulted in
a question of law for the court to decide,
and the question was reserved for further
consideration.
b. II. Steele and w. D. Crane for
plaintiff; II. G. Wilson and T. p. Red
field for defendant.
William Simon v. Solomon Allen
This was an action against the defendant
as first constable OF the town of Panton
in Addison county, for negectipg to levy
an execution in favor of the plaintiff and
against one Patrick Simon and also for
neglecting to return the execution. Plea
the general issue, and notice that the de-
PENDANT would offer evidence tending to
prove that the defendant acted under the
directions of the plaintiff and his attor-
ney, and was controlled by them in levy
ing and returning the execution. The
plaintiff offered evidence tending to show
that he assumed no control of the matter.
but cast all the responsibility on the de-
PENDANT as an officer, and that he author
lied no one, and that in point of fact no
one did act as his attorney in the matter.
The defendants evidence tended to show
that he did act under the immediate con-
troll of the plaintiff and that the plain
tiff ordered him to proceed according to
the directions of bis attorney. Verdict
for the defendant to recover his costs.
j. II. Prentiss and T. p. Redfeld for
plaintiff; l.. Bartlett and G. I. Vail for
defendant.
Jesse Cooper v. Amory Parker and
VIM. b. Cole.-This was an action of
trespass and ;rover against the defend.
ants fer attaching and selling certain
crops, consisting of oats, wheat and hay,
belonging to the plaintiff, and situated on
The plaintiffs farm in Brownington.-
Plea general issue, and special plea that
he property was attached and sold by
said Amory Parker as deputy sheriff
IN a writ in favor of w. B. Cole against
'ne Selden Gray, who then lived on the
plaintiffs farm. The plaintiff TO sustain I
his claim offered q written lease from
himself to one James Humphrey-of his c
arm, for which he was to receive a Ger.
ain specified rent, and reserving to him
elf lien on all the crops until the rent y
vas paid, and that said Humphrey had |
eeded the place to said Selden Gray and a
ne Nathan Allen, with the consent of S
he plaintiff, and the plaintiff at the same p
me reserving the same rent and the n
anne lien on the crops. The lease also n
rovided that if Humphrey paid certain g
loneys secured to the plaintiff on said G.
arm, then he was to have a deed of the W
arm. The defendants claimed that this c
'as in fact a mortgage, and that the hi
laintiff could not hold a lien on the e,
rops and have a mortgage on the farm
the same time. The court directed
erdict for the plaintiff $50 damages and N
)sts. N
L. p. Redfeld, L. Bartlett and C. |. hi
all for plaintiff; j. E. Dickerman for IL
sfendants. p
Dan'l Bean v. Samuel Burbank.-Ac. -
on of trespsss for an assault and battery,
aiming $1,000 damages, and alleging
lat the defendant threw the plaintiff =,
own, dislocating his shoulder and disa- :,
ling him from doing manual labor i
lea general issue, and that the plaintiff in
as on the defendants premises, using III
'isterous, tumultuous and provoking Ian OF