St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1873-06-20
Caledonia County Court.

Hon. HENRY PERLEY. } Assistant
Hon. JOHN BACON. ID. Judges.
ISAAC VI. SMITH, Sheriff.
ELISHA MAY, States Attorney.
A. E. RANKIN, Clerk.
Hon. THERON HOWARD, Court Aud
itOr.
No. %. Joseph VI. Edpdrols rs. l.. ID.
LeauH Trespass for an assault and
battery. Plea not guilty and juStitica-
ton on the ground that pltf. began the
assault Deft. was in possession and
occupation of IL farm in Walden known
as the Edwards farm. under a deed that
was decided by the Supreme Court to
lie in the nature of II mortgage. Plff.
claimed IL right to occupy certain
scatfold i'll the barn, and attempted to
put some hay on the same. Def. for
babe him and in endeavoring to keep
pltf, out the atfray occurred. This suit
is one of seven or eight that has been
upon the docket between the same par
ties. Verdict for plff. S45O and costs.
Exceptions by def. Cause goes to SUI
preme Court. Lamson and Dickey for
Plh. Burkcs and Powers for def.
No. %. AIer. McDOHGld rs. Stephen
WOOdward Trovcr for feather he'd etc.
Plea not guilty and settlement. The
plll's. testimony tended to show that
the bed etc. i'll question came into the
possession of dcft. lawfully but that
dcft. refused TO give them up. Deft.
claimed they were given to him. Yer
diet for PHI. $3.50. LamsOn and Dick
ey for pin c. H. Davis and Grout for
def.
No. y. Joseph 4. Wing adnr. rs.
Jonathan Il. DarIing and Isaac v. Hall.
Eiectmemt for lot ofland in Groton. Plea
not guilty. Both parties claimed title
under deeds that date back into the last
century and the rights of the parties
turned upon the question of possession.
Both parties introduced a mass of tc>ti-
momy to show acts of possession. Yer
diet for dettS. to recover their costs.
/ Wing. Ray. Burke and Belden for pin.
/ Gleason. Rogers. Lamson and Powers
/ fer dcttS.
No. 81. B,0dicg Morrison rs. i. Il.
/ DdrIiMg. A>Sump>it. The PIN. claimed
/ that he was Interested IN an estate in
/ Grotom and made arrangements to pur-
chase the interest of the other heirs
that he heard def. Darling WAS irving
to purchase the interest of the other
heirs also: that he paid Darling 500
to cease his cndcavoiS in that direction
but that Darling Designating his pron
iS, purchased the interest of the other
heirs: whereby he had suffered great
loss. The dctr. claimed that pins. pay
mrut to him WIS to pay off in the sale
of other land and not to make him hold
his peace.
No. 81. Verdict for plff. $40 and
costs.
No. 10 flames C. Uor rs. S,LooJ
District No II in UuIJ,u lssumn.it
to recover 4 balance of some 300 for
/ building school house. Pin. claimed
| he contracted tn build = school hou,,.
for def. district that he hand moi been
paid for same. The drtt school district
lahorcd under .ouc difficulties John
X Ratchrldrr who had charge of th,
hUilding contract. took sudden leave
of Vermont two or three Years ago and
/, either dead OF ''bey"md the seas"
The school district had no records to
show how much money wis paid pltf,
while he was building the house The
DIETS. defence WAS based principally
upon the admissions of PIN. Verdict
for plii. S2!'r.G1 aud costs. Bmkes and
Davis t"rpln. Montgomery and Dickcy
for def.
No. II. CLARK and ritc rs To,rm Of
U0iicn. Claim for injuries received
on dctt's. highway. The pins. house
was on one side of the +. \ q. railroad
and their barn on the other side. The
pltt->. wife in crossing the track of the
railroad fell aud received injuries from
which she can never recover. At the
time of the accident the r. Il. Co. had
not finished the road and delft claimed
that the town had no control over this
crossing and that the town was not
liable. The delft. claimed that plff-s. |
wife WAS not in the exercise of ordinary
care Other questions of law rs to the
towns liability. Verdict for plffS. $500. |
aud p,,-o,, ga, If