Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-02-02
Supreme Court-RutIand County.
HON. JOIN PIERPoINT, Chief Justice
Presiding,


HON. JOIN PIERPoINT, Chief Justice
Presiding.
" AsAHEL PECK, Assistant
" HOMER L. ROYCE, Jndges
TIMOTHY p. REDFIELD,)
WILLIAM M. FIELD, Sheriff.
HENRY II. SMITH, Clerk.
JOEL @. BAKER, Deputy Clerk.
Tuesday, Jan. 81, 1871.-The first cause
heard was:
No. 3. Hiram Rider u.s. Isaac r. Fuller
This was an action of trespass on real es-
tate, in which a pro lorna Judgment was
rendered for the plaintiff, in the County
Court on the report of referee, and was
carried to the Supreme Court on excep-
tions by the defendant on several ques-
tions as to the admissibility of evidence.
Argued by n. P. Simons for Plaintiff, and
Edwin Edgerton for Defendant.
No. G. Elk. of ARENAS Carpenter Os.
Andrew Moore, ct al, Apis. This was an
appeal from the Probate Court allowing
the will of ARENAS Carpenter, deceased.
Ia the County Court, on the question of
the capacity of the testator, Artemas @.
Powera, an heir at law, and his wife were
admitted 70 testify--to which objection
was made and overruled-and exceptions
taken, and cause removed to Supreme
Court. Argued by Messrs. Prout and
Smith for Executor and Edgerton for De-
PENDANT
No. T. William Martin as. Town of
Wells, Apt. Action for neglect of con-
stable of the town Of Wells TO collect an
execution This action was originally
commenced before Justice of the Peace
and was carried to the County Court by
appeal and was referred, and on the COM
ing in of the report OF the Referee, judg-
ment was rendered for the Plaintiff, to
which Defendant excepted Several ques-
tons are presented, on the report, as to
the record OF judgment rendered in a
New York Justices Court, upon the adj
instability Of evidence, etc. Potter for
Plaintiff. Grover for Defendant
No. g. Julius A. G. Ewing, executor of
Daniel 8 Ewing, Apt, Us. f. L. Griswold.
This was An action Of assumpsit on q pro-
missory note appealed to the County Court
from Justice of the Peace The defense
was that the defendant had paid extra or
illegal interest on another note to Daniel
& deceased, to an amount exceeding that
claimed due on the note in suit. II ap-
peared that said Daniel 8. was deceased
and that the defendant had presented no
claim against his estate. Judgment for
plaintiff in County Court, aud exceptions
by defendant W H. Smith for Plaintiff
Dunton & Veazey for Defendant.
No. 9. N. A. Buoklin gS. Town OF Sud
curry This was an action of Assumpsit
to recover bounty for enlistment as a
volunteer to credit of the quota of the
town of Sudbury. Verdict in County
Court for the plaintiff, exceptions by de-
PENDANT. This is one of that numerous
Glass of cases in reference to the liability
Of towns to pay bounties J. Q Hawkins,
Dunton & Vea2ey for Plaintiff; Briggs
< Ormsbee, f. ]. Phelps for Defendant
Wednesday,, Feb. mo. 8. n. A. Buck
lin, gs. Town of Sudbury The hearing
in this cause, which was commenced Tues
day, was concluded and cause submitted.
No. 10. John @. Thompson, Apt, u.s.
Charles H. Congdon. This was an action
If assumpsit on the common counts, the
defense being payment; Ethe defendant
also interposed plea in offset 1t was
originally brought and tried before JUS
tice of the Peace, and an appeal taken. In
the County Court a verdict was rendered
for the plaintiff for the full amount of his
claim, and for the defendant on his plea
in offset to a larger amount than the
plaintiffs claim, and judgment rendered
in favor of the defendant for the balance.
Exceptions by plaintiff,-the question be-
ing in reference to the admissibility of
evidence, and the liability of TIE plaintiff
for damages done to carriage on account
of the team running away, etc. Baker for
plaintiff; Cook and Prout for defendant.
No. II, Willis Hollister Us. Town of
Pawlet, Apt. This was an action OF
debt on the award of abitrators for dam
ages sustained by plaintiff from the in
sufficienoy of the highway in the town of
Wells. Judgment in the County Court
for Plaintiff. Exceptions by Defendent.
The only question involved in the case is
whether the Selectmen of town have
the power, without express authority from
the town, to consent to any arbitration,
and to bind the town to such submission
and the aw ard made thereon. Belts for
Plaintiff, Potter for Defendant.
No 10. William A. Hale and Wife 0S.
Town of Rutland. This was an action of
the case to recover for injuries received by
the wife of VIM. A. Hale, caused by fall
ing into ditch, in the village of Rutland,
dug by the Peoples Gas Light Company
Verdict for plaintiff. Exceptions by de-
PENDANT The questions raised are in
reference to the admissibility and rejec-
ton of evidence, and exceptions to the
charge of the court, as we'll of the liability
of the town under the peculiar oircum-
stances of the case.
Edgerton & Nicholson for Plaintiff,
Dunton s. veazey for Defendants.
No. Is. james O'Hearn 0s. James Kings
ton, Apt. This case was an action
of A.sumpsit to recover the value of one
ton of hay. brought to the County Court
by appeal from the judgment of Justice
of the Peace Judgment in The County
Court, for the Plaintiff, on the report of
Referee. Exceptions by Defendant
Judgment of the Supreme Court, upon
the espsrs 10 the case, without argument,
that the Judgment of the County Court,
for the p,ain.iff, be affirmed. Joyce for
Plaintiff. Thrsll FOR Defendant
No. IA starbuck Brothers 0s. James
y Track. This was an action of troVer
>, hs,;er and appepdages. judy