Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-02-25
Remington County Supreme Court

The supreme Court OF Benningtol
county closed its session on Tuesday even
'ng last. There were present. Chief Ju,.
tice Pierpoint, and Judges Steele and vii
SON. The following decisions were rep
dered:
Bigclow rs Rising which was an actor
of trcspds- on the freehold. The premi
-es were owned by plaintiff and anoth.a
~ tenant III common. The County Cour
decided that one tenant eould not main.
tain the action, and rendered judgmenr
Tor the defendants. Judgment of III.
County Court reversed, and cause re-
manded.
olOlcy for plaintiff; Miner for defend
ints.
Exr. Of John Robinson -. John J.
Robinson, apt.-This was an appeal fr II
he PrObat" Court from the allowance -
a will. The County Court charged ih.
Jury that the burden Of proof 10 e-i4bli-l
The sanity 81 the testator was upon th,
contestants of the Will. Held. that ~.
charge was incorrect, and jud dgmeut n.
rersed and caase reminded.
Davenport tor plaintiff; Wheeler and
Wilson tor dcfendants
Burbee rs. Winhall-This was an actor,
brought to recover a bounty promised
plaintiff for enlisting to hll the quota o.
The defendant. Itappe.red that winhal
promised the plaintiff 500 If b.,
would enlist Tor three years. and If ths,
paid any others gr;at-r sum for LAX.
enlistment. they would pn him the sam.
The town enlisted 80 other three year.
men, but did enlist. aud pay, for Oh.
year, men G25 dollars. Hrld that plaintiff
va- entitled To- recover tho largest amouur
paid f"r any other man.
Wte"i"r DOR piiinuii; Davenport for
defendant.
ua-AIn, ~, Bennett-In this case H.,
'ourt h"ld that debtor owning two 20.
more N"ke- oi oxen has the right 10 ~el.c. |
he yoke he desires 70 keep -xopipt froi. |
ttt.ehmont. Judgment for plaintiff
state r@ Dkr.I.-- Ihi- was "A complain. /
.,r selling liquor. Setting forth the Tin. |
4 IA" "tienn. as ION or about certain
ily. He'd that thr Tim, alleged waS to
indefinite and uncertain. aud th. iuds
n"mt ~ the 'ohntv court was fsr tina
.au~g arrested.
lioW,rt. states Attorney flr Stat.
rltges tor defendant.
Cha>.. rs. III tynr- This Wa an artsor
ar'nsht 10 recover tie property de-train
i f"r taxes. TIC piaInt.t had moved on
q t"@n wIfh all hi- property before H.,
ir~f day If Auri'. hut did not laclie 90.
iomieiie himself until after the first A.
II April Held that he Wa habl, to Ia,
hAe- ln tie fs@n Le moved from. unit
b" had established lHm-,lt and becuua
liable. without iuf. rreauutD. - Iay tx.
I~t-Nh"rr, SIhley tor plaIuuff; Diysu
,rrt tor defendant
A- Z. Grlham. r.. !. l.. Minor. Exr.-
De- a"iendint. a- exrru'or. hai q rio'.
s'in-t the pl.uufiff which he 49, pros.
uting ~ law Tor the b.iIeiit ~ hi tc-
.f=s estate. OF which plaintiff wife. g.
am, wti- entitled 30 oIi.-~a,outh III. /
rltsr had alloAel iu hi- f4v.f by com.
nI~si'uer- eiaam against sid e-'.s's
viicn J. in-olv@uf Orator brought D.,
'fli ia rhameery enjouing the collection
4 the jui- i-mrnf a-.lif-t him ~ l4w, anr
% enforce an oti.ar vi their r ~ ,.flg,. "a.
unui~. HID thit tho off-rt should q.
made 20 the extent Of orators wlfc'- in
crest, as him. ia the judgment again-r
he. court. Wheeler ir orator: Minor fuI
ef,ndant