Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-01-13

Gliding parol evidence admissible to show that the
instrument which passed between the parties
IVES contract for the payment of certain sum
towards the purchase Of piano by the plaintiff,
or merely as an acknowledgment Of the receipt
Of money in part payment for piano to be pur-
chased, under circumstances TO be proved by
psrol evidence.
And I'd, Whether if the instrument was con
tract it is not admissible in evidence on account
of its not being not properly stamped. Messrs.
L L. Lawrence and E. J. Phelps for defendant;
/ MeSs-s. VIM. G. Shaw and Z L. Hard for de-
/ fendant
The principal part of the afternoon was occu-
/ pied with the hearings in the two last cases on
the calendar, viz. those Of Benjamin ]. Wilson
VS.. William Gordon and the Traders National
Bank Of Boston VS.. Hiram j. Fay. Both were
actions Of assumpsit, and come to this court on
defendants exceptions to the respective reports
/ Of the referees
/ In the former, Messrs. II. Ballard and 5. II.
Davis appeared for the plaintiff, and Messrs. l..
L. Lawrence and ". L. Burnsp for defendant
In the latter, Messrs. W. G. Shaw and Z. r.
Hard appeared for plaintiff, and L. B. Englesby
for defendant
The following divorce cases were then heard
| and decided
Sophrona D. Wheeler vs. Lowell Wheeler. for
wilful desertion libellsnt has leave to resume
the name Of her former husband.
Martha C. Burdict W. willoughby Burdict,
for wiliul deserton custody Of child decTeel to
1 its mother and ibellant has leave to resume the
name Of her former husband.
Frederick FURY vs.. Mary J. FURY, for wilful
desertion.
Alvah S Mcclellan VS.. Mary Mcclellan, for
adultery
] Mari C,,,,-- We lima, C---,.,. g 100 :r..,.-
able severity custody Of child decreed to the
mother.
Ella A Cutting vs.. Josiah p. Cutting, for in
tolerable severity custody CT cni.d decreed 70
the mother
The court then adjourned till $50 O'Clock this
morning
BURLINGTON, Saturday, Jan. Z, 1871.
Tae Court met at $3.50 this morning, and the
following disposal Was made Of the cases stand
ing upon it's calendar:
State We Bottle Of Brandy, &c Raw * Br3ok,
Claimants, and State VS. One key of Rum, &c,
H. II. Howe a14 T. Foster Cook cl'ts -Judg
meat of the County Court, in favor Of the plain
iii affirmed, and the liquor sdiudged forfeited tc
the agent OF the city Of Burlington. Opinion by
Judge Wheeler.
Hsllorsn vs.. Observation-Disclosures Of the
County Court for the defendant reversed and
case reminded Opinion by Judge Royce
johnson VS.. Bolton judgment ofthe County
Court for the plaintiff reversed and case re
mandei. Opinion By Judge Reifei
Collins Adm'r. VS.. Observation-Disclosures, Of III,
County Court for the defendant affirmed Orin
ion by Judge Barrett.
Flanagan VS.. Wright.-Judgment Of th'
County Court Tor the plaintiff affirmed. Op'u
ion by Judge Wheeler
Goodrich vs. Tracy.-Judgment Of the COUNT
Court, for the plsintiG, affirmed. Opinion %
Judge Royce.
Gates Ap'ee, vs.. Bliss Apt-Julgment Of tn,
County Court. for the plaintiff. reversed ani cas-
remaniel Opinion by Judge Reideld.
Andrews vs.. B0!ton.-judgment Of the Count,
Court, for the defendant affirmed Opinion b..
by Judge Barrett,
Whiqpie vs. Drury AMI trustees.--Inlgmen
Of the County Court for the plaintiff on sepor
ofthe referee. affirmed
Pierce Apt. VS.. White Ap'ee.-Ju3-meu, o
the County Court flr the defendant "a report %
referee affirmed. Opinion by Judge Wilson.
laswell ys Noyes Judgment Of the Count
Court fT tie plz.nua, on report Of Tefere
affirmed
Traders National Bank ys. Fay.-JudEmen
Of the County Court for the plaintiff. on repo-
Of referee, afiruci. Opinion by Judge Barrett
, Wilson Ap ZEE. vs.. Gordon Apt-Juigmeut q
the County Court for The plaintiff, on report q
referee, affirmed; opinion hy Judge Wilson.
Brown vs. tie.s-Juigment If the Count
Court for Gre PLAINTIFF, 20 report u referee AT
frmed.
Fay ,s The Tr-iers National BtLk.-peti,io
dismissed With costs
, State VS.. Bstey, Huohiu,.us A9t's vs.. Rot
les d. On , Co..