The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1868-02-18

The directions b relation 70 ihcar hp-
phcati0n. and redIsei the whole am
omit on Stlckles account Stokes Vas
owing The piasalifi On other transactions,
50 that his enfire Indebtedness was
more than the amount Of both checks
and notes Seen after suck!cs failed
aud 90 ilei DAY q December be
aud the defendant met The plaintiff TO
arrange their matters Sucklos some
ame before, and again on The that day,
told tie defendant he had directed
Hurd 70 apply the checks % The pay
ment ~ the notes The plaintiff claim
"a that the notes were not paid but
made no other representation. The
defendant then. with the consent ot
Stickles, gave bis note for $500 which
is the note sued upon, and as late AS
May, 1866, promised TO pay II. The
defendant claimed that the note was
obtained by fraud, and was without
consideration, the two notes for which
il was gwen having become invalid in
consequence Of an application Of the
checks The county court found that
there was 10 fraud; and held that if
Sticlles had a right to direct the appli-
cation of the checks, he and the defen-
dent in law waived any right they had
to control their application, and con-
scented 10 the one made by the plaintiff;
to which ruling the defendant excepted.
The argument in the supreme court
was wholly on the question Of applca-
ticn Burton & Munson. Miner and
Hall FOR plaintiff; Huhng, Southworth
and Davenport for defendant. With the
court
Louisa r. Hosley y Judson 5. Hosiey
Petition for divorce. Bill granted
for desertion. Howard for petitioner.
/ John r. Hurley U Polly j. Hurley
Petition for divorce Bin granted for
adultry. Sibley for petitioner.
Lc,ciS Ktng u Sarah King Petition
for divorce. Bill granted for adultry
and desertion Sibley for petitioner.
Enlly A. Leach o Lorenzo D. Leach.
! Petition for decree annulling the
marriage existing between the parties,
on account of the insanity of the petit
tionee. "A. L. Miner appointed guar
dian dd Item, and case continued
Fowler for petitioner.
aaron Lyon 4. Jennie w. Lyon, Pc
tition for divorce. Continued on aflida-
Wit Of petitionee. Fowler for petitioner;
Cushman for petitionee.
Helen f. Way q. Lyman a. Hag--
Petition for divorce. Continued on af-
fidavit of petitionee. Fowler for petit
toner; Burton & Munson for petitionee.
William g. Wright .. Ably 4. Wright.
Petition for divorce. Bill granted for
adultery. Howard for petitioner.
DANIEL H. Bald,cin v Georgia A. Bald
,uin-Petition for divorce. Bill grant
ed for adultery. Fowler for petitioner.
Syiyia S. Barnard V, Lelcis II, Bar
nard.- Petition for divorce. Bill grant
ed for intolerabie severity. Custody OF
the children, and alimony of all the real
and personal property of the petitionee
in the town OF Winhall, decreed the pc
, titioner. Fowler for petitioner
Marla Cummings " Orlando s. Cum
mingS. Petition for divorce. Bill gran
ted for willful desertion, and custody
of the child decleed to the petitioner.
r. Fowler for petitioner.
Gilman DAVIS v Lydiq Davis. Peti-
ton for divorce. Bill granted for adul-
! try,-Fowler for petitioner.
BENNINGTON CoUNrY CoURT.
:. At the session of the County Court
last December, motion was made in
behalf Of the Troy q Boston Railroad
Company to have the suit Knapp d
Briggs, Trustees, u. Troy d Boston Rat
road Co., transferred to the United
: States Circuit Court. As Judge Prout
had been counsel in the case, the Coun-
ty Judges adjourned the hearing until
Feb, 18th, so that they might have the
! assistance of one OF the Supreme Court
Judges in its determination. The hear
9 ing was had on Tuesday evening before
Chief Justice Pierpont, and Judges
Aylesworth and Cole After an argu-
nent by Mr. Gardner and Mr. Phelps
the motion was denied A motion was
then made in behalf of the plaintiffs in
: that suit for an adjourned term of the
! County Court TO try it. A hearing on
: that motion was had Wednesday even
! ing before the County judges, and il
was ordered that an adjourned term O
the County Court be held at Benning.
{ ton on the last Tuesday Of April, fol
that purpose.
/ A HEARING was had before Chancellor
! Barrett, Thursday afternoon, on a mo
ton to dissolve an injunction before
: granted by the Chancellor, restraining
}, Knapp and Briggs, Trustees of the Ben
Z nington a. Rutland Railroad, from sell
! ling under an order Of the County Conf
+ the rolling-stock of the Troy ~ Boston
Railroad Company. attached by then
IN their suit against that company. Nj
Phelps appeared for the Trustees, ant
8 Mr.. Gardner for the Troy & Boston Co
! The Injunction was dissolved.
j A HEARING was had before Chief Jnstie'
4 Pierpoint, "Wednesday evening, on ;
b petition to vacate the order Of ths
e County Court, 1T its last June Term
q adjudging that the trespass Of whiel
. one DR. Oaks was then found guilt,
e was willful and malicious, and order
0 ing that he be kept in close confne
Z ment. The Greer Of the County Cour
!, was vacated.