Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1873-02-28
Supreme Court.
FEBRUARY TERM, 1878.

| the orator to enforce trust created py
parol prior to the decease eff VIM. A.
Bradley late of Westminster, relating
to his extensive library, in which it
was alleged that the orator was the Gus
todian of said library, and held the
same in trust for Arthur G. Bradley !;
the defendant claiming the same as
executor of the will of VIM. G. Brad
ley. The Court held, there was not
sufficient evidence of such trust as to
warrant them in granting the prayer of
the orator in his bill. George Howe So
licitor for orator. III. E. Stoughton d
G. B. Eddy solicitors for defendant.
Jamaica Us. VIM. III. Cars Estate
This was suit originally brought by the
town to recover of the defendant about
$1,000 as abatement and excess on State
taxes collected by the defendant during
six years of the time when he was col
lector of taxes for said town. Carr died
in 1869, and the case was prosecuted Us
his estate, large amount of town orders
held by the defendants estate was filed
in Offset The County Court at the April
term, rendered judgment on the report
of the referred in said cause for the plain
tiff to recover such abatement and ex-
cess, excepting for the year 1867, and
for the defendant to recover the amount
of his offset, leaving balance due deft,,
of $S2471. At the present term judg-
ment of the County Court was affirmed.
Waterman & Read attorneys for plff.
c. N. Davenport attorney for deft.
Austin j. Morse ct al. Guardians vs.
Moses A. Smith. April term 1872, judg-
ment on report of Referee for plaintiff,
exceptions by defendant. This case was
entered as settled on the call of the
docket. J. G. Eddy attorney for plf.
Waterman & Read attorneys for deft.
George w. Hall u.s. George P. Spaul-
ind and Coleman Sanders, April term
1872, judgment on report for plff. Excep-
tions by deft. Judgmdnt of County
Court affirms. Lewis S. Walker attor-
ney for plf. Hugh Henry attorney for
deft.
Windham Us. Chester. Apt. This was
an order of removal from plaintiff to de-
fendant town, of a pauper. At the April
term 1872, motion to quash the order
of removal was made by defendant town
by reason of insufiicency of the service
of said order of semoval. The County
Court rendered judgment that said or.
der be quashed, exceptions by plaintiff
Judgment of the County Court reversed
and the motion to quash overruled, and
cause remanded to the County Court
Waterman & Read attorneys for plh'
Hugh Henry attorney for def.
Merrill & Thurston Us. Henry Payne
September term 1872, the County Court
rendered judgment on the report of the
refree for the defendant, exceptions by
plaintiffs. Judgment reversed and judg-
ment for plaintiffs for s9S0.65 with in.
terest from August "a, 1857. Waterman
& Read attorneys for plff. G. N. Dav'
export attorney for def.
Frederick HI. Franks Us. John II
Jockey & FL. E. Thurston. September
term 1875, judgment for defendant. Pass
ed to Supreme Court on plaintiffs ex'
ceptions of September term 1870. Judg
ment of County Court affirmed. Clark
& Haskins attorney for pIff. c. N. Da.
venport attorney for defts.
Erwin q McKelsey Us. Russell Stat
ford. September term 1872, judgment
on report for defendant. Exceptions by
plaintiffs. Judgment of the County
Court affirmed. Field & Tyler attorneys
for plffs. FL. N. Xix attorney for deft
Wilder 7. Church & wife Us. West.
minister. This was an action on the case
against defendant, for damages sustained
by Mrs. Chu.ch by reason of insufficient.
cy of defendants highway. At the Sept
term 1872, a trial was had resulting in a
verdict for the plaintiffs for $1,251. 3S.
The defendants except to the ruling of the
County Court in admitting as evidence
copy Of written notice to the town
that damages we're claimed, alleging
that the same was insufficient because
signed by Mrs. Church alone, and also
moved in arrest of judgment for alleged
insufficiency ofthe plaintiff 8 declaration,
because it contained no averment that
Lucy NJ. Church was the wife of Wilder
I. Church. The judgment of the Coun-
ty Court was affirmed. Myers, Bridg-
man & Eddy attorney for plffs. G. N.
Davenport & L. NJ. Read attorneys for
deft.
Henry W. Walker u.s. Sylvanus Clark.
AT the September term 1872, the Coun-
ty Court rendered judgment on a verdict
for the plaintiff for s24.5S and costs.
Exceptions by defendant. Judgment re-
versed and cause remanded, with leave
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