Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-02-09

Presiding.
AsAHEI. PECK,
HOMER E. ROYCE, Asst sHs
TIMOTHY P. REDFIELD, Judges
WILLIAM M. FIELD, Sheriff.
HENRY Fl. SMITH, Clerk
JOEL @. BAKER, Deputy Clerk.
Thursday, Feb. 2d-No. Is, Daniel P.
Eddy 0s. Edwin Wilson. This was an &C.
ton of replevin for a cow, heifer and
a calf. The defense was that they were
taken by the defendant as collector Of
school district No. 2 of Clarendon, for non
payment of taxes. The questions pre-
sented are numerous, among which are
these: whether it is competent to prove
by parol that person voting in school
meeting is not, in fact, legal voter,
whether it is competent for school dis
trict to unite with a town or other cor.
poration in erecting building, a portion
of which, only, is to be used for school
purposes There are also other questions
| SIOWinS Oub Vi Iho le JoOIlOh VA AOoeAIhooy
Verdict for defendant in the County
Court. Exceptions by Plaintiff. Dunton
s. Veazey for Plaintiff, Edgerton &
| Nicholson for Defendant
No. IL. William o. Harrison 0s Henry
G.. Harrison. This was an action of tres
pas for assault and battery Defense
| oop yooouH Cyay,1Og< oalF dafapua opd IN
defense of his fathers property. Verdict
for Plaintiff in County Court Exceptions
by Defendant. The questions presented
rest mainly, if not entirely, on the charge,
and refusal to charge, of the court, and to
what extent person is authorized to de-
fend himself and his fathers property,
aud also as to the measure of damages.
Edgerton & Nicholson and Joyce for
Plaintiff Dunton & Veazey for Defend
| ant.
No Is. T. " G. ellison u.s. L. Bingham
This was an action of assumpsit for not
making hearse according to contract.
Judgment rendered in the County Court
for the Plaintiff. Exceptions by Defend
ant. 1t appeared that Bingham, the De-
PENDANT, contracted to make and deliver a
hearse to Plaintiffs, and that he received
pay therefor with the exception of small
balance that Defendant recovered judg-
ment for said balance before justice of
the Peace in Franklin county, without
the appearance of (Gilsons) the Plaintiffs,
and that no appeal was taken from such
Judgment. This presents the question
whether the judgment In Franklin coun-
ty "estops" the Plaintiffs from recovering
in this suit. Joyce for Plaintiffs, Dunton
& Veazey for Defendant
No 10. William French as. Brandon
Iron Works. This was an action of as
sumpsit t. recover on a contract for the
services of the Plaintiff for specified
time, he having been discharged before
the expiration thereof. The questions in
Issue being the construction of the con-
tract, and other questions raised on the
report of a referee. Judgment in County
Court, pro foTma for Plaintiff Excep-
tons by Defendants. June for Plaintiff,
Prout & Dunton for Defendants.
Friday, Feb. 3d.-No. 90, Patrick Kel-
ley as. Bennington and Rutland Railroad
Company. Action of trespass to recover
for horse killed by the trains over de-
PENDANTS road. Judgment in County
Court, on an agreed state of facts, pro
.fo7ula for Plaintiff. Exceptions by De-
PENDANTS. Judgment of County Court
reversed by Supreme Court by agree
ment of parties, without argument, and
nonsuit entered. Joyce for Plaintiff.
Hall and Lyman for DEPENDENTS.
No 81. Michael Quin, as c. J. Lane
and E r. Hard Action of Assumpsit on
promissory note. The defense was that
defendant, Hard, was an endorser, with
out consideration and that time of pay
ment had been extended without his con-
sent. Judgment in County Court for
plaintiff. Exception by defendant, Hard.
Submitted ON briefs without oral argu.
ment. Edgerton and Nicholson for plain
tiff; Hard, pro SC.
No. %. John w .Cramton os Nelson Mel.
len and wife. In Chancery. Petition dis.
missed with costs. Appeal by Orator.
Prout for Orator, Smith for Defendant.
No. %. Administrator of Tilley Gilbert
as. John Howe, ct III. In Chancery. Pc
tition dismissed pro to'naa, Appeal by
Orator. Abel for Orator, Prout for De-
PENDANT.
No. "a. David Fl. Meacham gS, Angus
tus G. Clark ct a. In Chancery. Bill dis
missed pro f0rnoa. Appeal by Orator.
Roberts for Orator, Edgerton & Niohol-
son for Defendants,
No. %. Elisha Rich u.s. Morris Sulli-
van. Action of trespass. Verdict In
County Court for Plaintiff. Exceptions
by Defendant. Judgment of the County
Court affirmed by the Supreme Court, by
agreement of parties, without argument.
Briggs & Ormsbee, and Joyce for Plaintiff,
Clark, Dunton s. Veazey for Defendant.
Saturday, February 4th.-Eo. ~. AL
len Sanderson ys Town of Rutland. This
was an action to recover for the board of
pauper committed to Jail on an exeeu-
ton. Defence-that the prisoner escaped
from Jail. lit appeared that prisoner left
Jail without knowledge Of Plaintiff, and
in few minutes returned again Judg-
ment of County Court for Defendant. Ex-
ceptions by Plaintiff. Smith and Joyce
for Plaintiff Edgeeton & Nicholson,
Dunton g Veazey for Defendant. Judg-
ment of County Court reversed, and judg-
ment for Plaintiff.
No. %. Sarah II. Dealton Us. James d.
Dealton.s Petition for Divorce. Marriage
and residence proved. Bill granted for
Intolerable Severity. Petitioner may re.
sumo her maiden name of Hubbard 81.