Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-08-16
Washington County Supreme Court

The Supreme Court for this county closed
its session on Friday evening last. The dock
ct was gone through with in short order and
the cases were disposed of as follows
The divorce suit of Sarion Sturteyant v
Origin Sturtevant of Francelia A Lyman
" Lowell &. Lyman, prayer for alimony :;
Benoni Webster V. School District No - in
Mortified p. d. Bradford '. A. H. Ches-
more, and Avery Cummns V. Nelson and
Almon Chase, were severally discontinued.
The suit John ?. Jones V. town Of Water
bury was continued to the General Term !;
and those of ID. p. Spencer V. Abijah Bemis
/. " Brown V. l.. W. Avery; B. F. Scott,
admir-. V. town of Cabot; David Dow V.
Lyman ). Hayes, for seduction of plaintiffs
daughter; E. Pope and B. Silloway admin
strators, Y. L. W. Avery and Geo. NJ Fisk
'. Joel Winch, were also continued.
Ia the suits, Timothy Richardson V. G. &
g. c. Winchester Joseph Sawyer v F. j.
Green q NJ. c. Institute Dennis Britain
y. P Brooks Y. Anastasius Nicholas Hiram
Atkins Y. Erasmus A. Plympton town of
Plainfeld v. Charles 7. Batchelder and o.
W Alvord V. L. W. Avery, the judgments
Of the county court were affirmed.
In the suit of Jared Kimmis against Enos
stiles for SANDER the Judgment of the
County Court for plaintiff was reversed and
Judgment arrested.
In the case of Virgil a. Collins, admins
rator, against the Town and City of Burling-
ton, to recover a soldiers bounty the iudg-
ment Of County Court was reversed and
Judgment rendered for defendants with costs.
In the suit of D. Dewey & Co. against
Anastasius Nicholas, for goods furnished
and labor Performed the Judgment of County
Court for plaintiff was reversed and judg-
msnt rendered for plaintiff to recover $50 80, /
dedueting defendants taxable costs in Su-
preme Court.
The Supreme Court at its recent session /
in this county, on the petition Of Loyal c. |
Kellogg against the State Treasurer, for
maadqmus to compel the defendant as Treas
urer to pay State Bonds Numbers %, 50, /
$40 and $50, issued under the act OF /
April 25th, 1851, and falling due June lst,
ISL, IN coin, under and by virtue Of joint .
%
sentatives of the session Of 1871, dismissed /
the petition
The Court decided the act Of Congress Of /
February 18th, 1862, commonly called the le-
rsl tender act, valid and constitutional, and /
that the joint resolution Of the last SEES
sion Of our legislature was not mandatory on /
The Treasurer that the intent Of the Iegis- |
lature in passing the resolution was simply !
to authorize - the Treasurer 70 pay these .
bonds. ID such currency as should be lawful /
II the time the obligations should fall due.
z he Court held that inasmuch As the Su-1
ureme Court of the United States had deci-
led in May last, that United States legal Z
tender notes were a legal tender in payment 4
and discharge Of obligations incurred before
the passage of the Act of Congress, that the
relat5r had no legal right under the resoIu-
ton to demand and receive his pay IN com.
The case was very ably argued by Judge
Kellogg for the petitioner, and W. q. Ferrin
and Charles Reed Of the firm Of Heaton aud
Reed for the State.
His Honor Judge Redfgld delivered tie
opinion oF the Court, which was & very able
and lucid exposition of the law and facts in
the case
This decision VIII save the taxpayers
IF the State large sums of money, while it
preserves the credit Of the State. The state
Treasurer acted under the advice Of the Gov
ernor and State Auditor, and the people Of the
state are under great obligations 70 him and
his advisers Tor the abe manner in which
this case has been conducted, as well as in
the general mana cement Of the finances Of
the State Five Of our Supreme Court
Judges heard tho case, and all concurred il
the opinion.