Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-02-09


Bromley for defendant.
Hydeville Co. v. VIM. +. Barnes, Ac-
ton OF book account, Claims arising
under contract proposing TO lease the
plaintiffs quarry for a term of years,
The question arises upon exceptions 70
the report of the auditor, for that GER
tain partnership accounts were excluded
from consideration The court below
overruled the exceptions and rendered
judgment pro torma on report for plain
tif, for Sl6992. Exceptions by plain
tin, E, Edgerton & c. c, Dewey for
plaintiff J. PrOuJ and D. Roberts for
defendant,
The following cases We're heard on
Friday, February Sd,
Thrall 4 Smith, Apt V. Admir- Of Ira
Seward. This was an appeal by the
plaintiffs from the disallowance Of a
claim on book account in favor OF
plaintiffs against the estate OF Ira Sew
ard deceased. The Auditor, John Prout,
ESQ, reported in the alternative two
certain sums, depending upon the al
lowance of certain items and eXCep-
tions were taken TO the admission Of
improper evidence in relation thereto.
The court allowed and rendered judg-
ment for the largest sum, TO which the
defendent excepted, Smith for plaintih,
! Thrall & Edgerton for defendant.
Administrator Of VIM W. Ford v.
| Charles Beebe. This was an action Of
eiectment for a certain tract OF land
formally devised by Daniel W Ford.
The administrator Of W. W. Ford claimed
possession of the land, by reason Of
! breach of the conditions Of certain
mortgage which required the payment
! of certain legacy to one Emily Ford,
since deceased, depending upon the
death of one Mary Ford; by failure to
pay which, it was claimed that the land
reverted to the plaintiff. The claim was
sustained by the court, and, in asceT-
tanning the sum due, interest was COM
! puted from the death Of the said Mary.
| To the decision in computing the inter
est the defendant excepted. Nicholson
& Ormsbee for plaintiff, Prout & Dun
ton and X. S. Peabody for defendant.
lilly b. Norton V. Tinmouth School
District No. I. This case came up on
an Appeal from the judgment Of a JUS
tice Of the Peace The action was As
sumpsit for articles furnished by the
plaintiff as sole committee for the dis
trict The claim was resisted upon the
ground that the plaintiff had not com
piled with certain usages Of the district,
in not giuing notice of the deficiency OF
the articles. &c. Judgm- Mt was render
red upon the report of c. NJ. Willard,
referee. for the plaintiff Exceptions by
] Il, l. G. Tpypp for 1NlQi in
tiff: d. L. Nicholson, for the defendant.
Hannibal Hodges V. Daniel P, Eddy.
Action of ejectment for a parcel OF land
in Clarendon. The exceptions show a
great number of deeds and descriptions
of lines and boundaries such as always
occur when the title Of land is in con-
fict. The Jury below returned yer
dict for the plaintiff TO recover possess
ion of the premises. Exceptions by de
PENDANT. Edgerton & Paul and D. Rob
erts for plaintiff D. E. Nicholson and
Dewey & Joyce for dofondant.
Town of Sherburne Y. Town OF Hart
land, appellant. This was an ap-
peal from an order of removal, made by
the town of Sherburne, for the removal
Of one Ezekiel West and wife to the
town of Hartland. The report of the
referee finds that the pauper came to re-
side in Sherburne prior to 1863, where
his wife died in 1864, mourning expenses
to the town of $500. The pauper was
born in Hartland in 1889, illegitimate !;
lived there until five years ofage when
he went to reside in Sharon; married
there at eighteen, and lived there for
one year after and was not warned out.
No evidence Of having gained a settle
ment otherwheres. The court below
decided that the said pauper was undu-
ly removed and in favor Of the town OF
Hartland. Exceptions by plaintiff.
Dewey & Joyce for plaintiff; C.P Marsh
for defendant
Note. - The name Of W. c. Dunton
was by the inadvertency of the printer
or reporter, omitted among the counsel
who made some Of the most important
arguments in two or three cases heard
previous to the above.