Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-03-15
Reported for the Freeman.
Orange County Supreme Court
MARCH TERN 1871
Commencing March It'll and closing March %h'


PRESENT.
Hon. JOHN PIERPOINT, Chief Justice.
HON Hon. f1s f. WHEEIrn, Associate Justices.
Hon. JONATHAN Ross,
The following causes were disposed of
Samuel T. Champney, apt. V. the estate of
Mary B. Champney-Mary b. Stevens
claimant. Appeal from Probate Court.
County Court decided in favor of plaintiff.
Claimant excepted. Judgment OF County
Court affirmed. Leslie & Rogers and He
bard for plaintiff Dickey for claimant.
John Harvey V. James G. Stevens. Action
to recover for moving machine bid off
by defendant at plaintiff IS auction. Defend
ant claimed that he was deceived-that 1t
was a different kind of machine from what
he supposed. Also claimed that the memo
randum book in which was kept bill of
sale by the auctioneer's clerk, was not sufh
cient, under the statute of frauds. Judg-
nent for plaintiff affirmed. Clarke and Har-
vey for plaintiff Mardin and Dickey for
defendant.
! Eliphaz ii. Allen V. Ellis Bliss. Death of
defendant suggested. Case dismissed by
reason of death of defendant. Farnham Tor
plaintiff. Clarke for defendant.
Joseph w Bliss ct ais V. Conn. and Pass.
Rivers Railroad. Petition for better railroad
accommodations at South Bradford and Pier
mont station, under act of 1869. Referred
to commissioners, who reported in favor OF a
station to take on and let off passengers, IN
addition to present conveniences. Report
| accepted and Judgment on report. Costs dl-
vided Farnham and Clarke for petitioners.
Redfeld for defendants.
Ellis Bliss V Eliphaz Ii. Allen. Petition
for new trial. Plaintiff deceased, and petit
ton dismissed without costs. Clarke and
Mardin for petitioner. Farnham for defend
ant.
| W w Brock ct ais V. Conn. and Pass
Rivers Railroad. Petition for better railroad
accommodations at South Newbury and Ha-
verhill station. Defendants comply with all
that the petitioners ask, and petition was
dismissed. Clarke and Leslie and Rogers
for petitioners. Redfeld for defendants
/ VIM. p. Garfield V. NJ. NJ. Avery. Plain
tiff replevied a horse from defendant. Judg-
ment of County Court for defendant affirmed.
Farnham for plaintiff. Clarke and Martin
for defendant.
Stephen II. Thomas V. Town of Fairlee
Action to recover soldiers bounty. Judg-
ment for defendant affirmed. Clarke for
plaintiff Farnham for defendant.
! n. s. Cutler v Ira d. Cutler. Action for
SANDER Verdict for plaintiff. June Term,
1870, for SIS and costs. Jury supposed
| plaintiff would recover full costs, but by
statute be recovered no more costs than dam
age. Plaintiff moved to set aside verdict.
Denial of motion by County Court affirmed.
E. E. French and Clarke for plaintiff.
Wheelock and Heath for defendant.
/ Charles B. Whitcomb Town of Fairlee.
Action for damage by reason of injury on
damages, June Term, 1870. Judgment af-
frmed. Mardin and Hebard for plaintiff.
Farnham, Dickey and Gambell for defendant.
! J. W. Batchelder, administrator of the es-
tate of Betsey Aver V. Asa Low. Action
on note given by defendant to plaintiff. De-
/ PENDANT pleads that he is not liable, having
gone through bankruptcy. Plaintiff claimed
| fraud on the part of defendant, as he did not
include said note in his schedule of debts.
County Court held that relief must be sought
| in u. S Courts instead of the State courts.
Judgment reversed, and case remanded.
Dickey, Gambell and Clarke for plaintiff
Farnham and Hebard for defendant.
Roswell G. Curtis, guardian of Lucy y.
Spear, ' Town of Braintree. Action to re-
/ cover of defendant for plaintiff 5 services at
poor farm. County Court held declaration
| insufficient. Judgment affirmed. Perrin for
plaintiff Wilson for defendant.
! Alden :. Slack V. Town of Craftsbury.
Action to recover soldiers bounty. Held
that plaintiff did not come within the vote
of town. Judgment affirmed. Clarke for
plaintiff Hendee for defendant.
Ahira Griswold v. f. c. Darling and
Trustee Edmund Darling. County Court
held trustee liable for 5000. Judgment re-
versed, and trustee discharged. Mardin and
Perrin for plaintiff. Boyden for defend
ant and trustee.
The following divorces were granted
/ Dorothy Lindsay from VIM. Lindsay.
Jonathan Coburn from Caroline Coburn.
Betsey C. Spear from Nathan Spear, Jr.
Almira Morey from Oliver Morey.
Harriet W. Swan from VIM. L. Swan.
Amarett L. Preston from Luther Preston.
Emma f. Paul from Washington I. Paul.
Orinda A Shaw from John f. Shaw.