Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1871-04-05
Washington County Court, March
Term. 1871.
Hon. AsAnEL PECK, P,nllsg Jaag,.


Hon. JANUS CRosssrT N'''''a"''1Is'
Moore rs. Town Of Warren. This was an ac.
ton to recover soldiers bounty. The plaintiff
re-enisted in the field, in consequence Of recc.y-
ing intelligence that said town had voted a boun-
ty to men to I'll their quota under the call Of the
President Of Oct. II, 1863 for 300, 900 men The
plaintiff enlisted, and was mustered before said
quota was filed, and before other men who were
enlisted and mustered at home, but the town be-
fore they learned of plaintiffs muster to then
credit had filled their said quota at home, and re-
fused to pay the plaintiff in consequence. The
court directed a verdict for the plaintiff TX
ceptions by defendants and case passed to Supreme
Court. Randall Duant for plf Gleason and
fifed for defts.
Asa Warren and wife rs town Of Waterbury
This was an action Of assumpsit TO recover pay
for supporting pauper at dert's request as
pills. claimed. The defendants denied the CON
tract and claimed that the pauper paid for his own
support, and, in support of this the defendants
offered the deposition Of said pauper. From the
certificate and caption Of said deposition il ap-
peared TO have been taken in St Lawrence coun-
y, n. Y, on the Monday preceding the sitting
OF court The plaintiffs counsel objected to said
deposition on the ground that the time of taking
being 50 near the sitting of the court, the taking
was unreasonable, and the court excluded said de-
position, whereupon defts. asked for continu-
ance which was granted, the defendant paying
plaintiffs costs Of the term and thirty dollars
counsel fees. Randall & Durant for plf. Dill
lingham, Clough q Palmer for def,
A. &. Winship and Wife u.s. Town Of Stowe
Action for injury on highway by which Mrs
Winship was badly injured in her shoulder. etc
The town claimed that plaintiffs were driving
immoderately, and that the road was sufficient
The plaintiffs testimony however tended to show
that within the limits Of the highway there was n
block laying in an exposed position, so that, as
they refined out to pass some teams, the wheel Of
the wagon hit the block, and Mrs Winship was
thrown from the wagon, and that they were only
driving at moderate gait. The Jury returned
verdict for defendants, after protracted deliber
alton Randall and Durant for plas Bingham,
Dillingham; and Heath for deits.
+. + Palmer, Ex. vs. Preston and Reach. This
was an action for debt on Judgment of Chitteu-
den County Court for about $1,000 Plea by said
Preston, discharge in bankruptcy, Replication
that the debt for which said Judgment was orig
inally rendered was founded in tort or fraud
In consequence of some irregularity in the
pleadings, the defendants counsel interposed
demurrer, and the case was withdrawn from the
jury, and issue Joined to the court. Cough
Palmer for plaintiff. Randall Durant for de-
PENDANT
Avery Cummings u.s. Nelson and Amon Chase
This was an action on note for about five hun
dred dollars. Defence, that the plaintiff had
agreed with the principal to extend the time Of
payment for bonus paid by the principal also
that a part of said note was for extra interest
The last branch of the defence prevailed, and the
plaintiff recovered a verdict for $elois, the bal
anoe due him after deducting the extra interest
included in the note. Heaton 4 Reed for plain
tin Gleason and shurtlelf for defendant.
There being no further business for the jury,
they were discharged and the court took a recess
until Tuesday next at 10 o'clock, A. NJ, when
Hw''' assemble and dispatch the court business