Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-02-11
Local and state Items.
SUPREME CoURT-RuTLAsD County.

JAMES BARRETT, Hon. AsAHRL PICK, As
sistaiit Judges,
The Court adjourned sire de yesterday
afternoon at o'clock.
The following cases were argued dur
ing the term:
No. l-Enoch Smith o. Western Yer
mont Railroad Company, Argued by
Mr.. Roberts for the orator, and by Mr..
Phelps for the defendant. Judgment
that the decree of the Chancellor pro
toyB,a for the orator be reversed, and the
cause remanded to the Chancellor, with
directions to dismiss the orators bill
without costs. .......
No. EXECUTORS of James McDaniels
.. Thomas McDaniels, apt. This Is the
celebrated twill case" Verdict under
the charge of the County Court that the
instrument purporting to be the Will,
&c, is not the win of the said James
McDaniels. Exceptions by the plaintiff,
The cause has been twice argued, at pre-
vious terms of the Court, and continued
to the present term for decision. Judg-
ment that the decision of the County
Court be reversed, and the cause re-
manded to the County Court for new
trial.
No. 3-Miller g. Knapp .. Rutland and
Washington Railroad Company. Appeal
from Chancery. Argued at a former
term. Opinion of the Court pronounced
by BARRETT, J. Judgment that the de
cree of the Chancellor pro torTna that the
bill be dismissed be reversed, and the
case remanded to the Court of Chancery
to ascertain in proper way the sum
due ON the bonds secured by the mort
gage, and to make final decree in con-
formity with the mandate of the Su-
preme Court.
No. 5-Daniel Lincoln .. Silas Stanley
&c al, apt. Argued by Mr.. Thrall for
the plaintiff and by Briggs for the
defendant Opinion of the Court pro-
nounced by PIRRPoINT, j. Judgment
that the decision of the County Court in
favor of the defendant be affirmed,
No. 6-M. H. Smith .. Ira G. Foster,
apt. Heard at former term. Opinion
of the Court by PECK, j. Judgment
that the decision of the County Court
be reversed, and judgment for the plain
tiff for the smaller sum reported by the
Auditor.
No. 8-Ebenezer A. Smith q. Troy and
Boston Railroad Company Argued by
Mr.. Nicholson for the plaintiff and by
Mr.. Garfield for the defendant. Opinion
of the Court by BARRETT, J. Judg-
ment that the decision of the County
Court be reversed pro lorna, and the cause
remanded.
/ No. 9-Bishop P. Boothe .. Martin
Fitzpatrick, apt. Argued by Mr.. Edg-
erton for the plaintiff, and by M. Thran
for the defendant. Opinion Of the Court
by PECK, j. Judgment that the decision
of the County Court be affirmed.
No. 10-Statc of Vermont o. Hiram
Haynes, apt. Argued by Mr.. Edgertor
/ for the Government, and by Mr.. Will
/ Jams and Mr.. Dewey for respondent
Judgment of the County Court affirmed
and responde mt sentenced to pay flint
of $50 and costs of prosecution.
/ No. 11-State of Vermont .. Johr
Remelee. Argued by Mr. Edgerton fol
Government and by Mr.. Williams ane
Mr. Dewey for respondent. Judgmen
of County Court affirmed, and respond
ent sentenced to pay fine of 5000 ano
costs Of prosecution.
No. 12-State of Vermont o. Johr
Remelee. Argued by Mr.. Edgerton TO
Government and by Mr.. Williams ant
Mr.. Dewey for respondent. Judgmen
Of the County Court affirmed, and re
spondent sentenced to pay fine of $1O'
and imprisoned in the County Jail fo
! the term Of three months from Feb. 4.
13.-Isaac McDaniels .. Thomas W
Johnson, apt. Argued by Mr. Edgertol
1 for plaintiff and by Mr., Phelps for def
4 Opinion of the Court by Pierpoint,
Judgment Of County Court in favor Q
4 plaintiff affirmed aa
No. 14-Admr. of Cyrus Whitcomb I
Orel Cook. Argued by Mr.. Dewey 70
the plaintiff and by Mr. Smith and MI
Edgerton for defendant. Lies with tn
Court. ~ @ea srg 5s
|, No. 15-Daniel johnson .. Nelson
4 Colburn. Argued by Mr.. Frisbee fo
plaintiff and by Mr.. Smith for defendant
Opinion by PECK, j. Judgment of Coun
ty Court for plaintiff affirmed
No. 16-Stephen Clemens o. Hiram W
Lewis, apt Argued by Mr.. Dunton ant
Mr.. Prout for defendant and by Mr.. Bea
man and Mr.. Dewey for defendant
Opinion of the Court by POLAND, Oh.
Judgment of the County Court in favo
Of the defendant affirmed. Plaintiff ha
leave to amend pleadings. and cause re
manded to County Court for new trial.
No. H-Sally Ann Hagar r. Town 0
Middletown. Argued by Mr.. Edgeltol
for plaintiff and by Mr.. Nicholson for de