Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-06-10

Sidy.
Exceptions sustained-indictmcnt adudget
bad.
State VS.. Same.
(Same disposition
Samuel James VS.. William Tibbctts.
webster. Lindsey.
Judgment for the defendant.
Shepherd Judkins vs.. Jeremiah Parsons.
Stewart Whtcomb.
Def. defaulted for $50 and interest from
date of writ.
Rescript. a judgment rendered in an &C
ton between the parties to an entire contract
to recover one instalment payable under it, is
conclusive as to the validity of such contract,
in subsequent action brought by one OF the
parties against the other to recover another
instalment. Dickerson, j.
David Sterry VS.. David G.. Frederick
II. & W. j. knowlton. Lindsey, Stewart.
Judgment for the defendent.
William +, Colby Exrvs. Columbus Steward.
Ware Webster
Exceptions overruled by consent. Excep-
tons adjudged frivolous and the ptf. on motion
is awarded treble costs from the time of filing
exceptions.
William +. Colby VS.. Same.
(Same counsel and same disposition
Tilson Ii. Dinsmorc ys. S. l.. Vittum & ais.
knowlton. Lindsey
Motion of ptf for new trial oyerruled.
Judgment on the verdict.
John Ware vs. John Rand & al.
Foster, Baker. Stewart.
Motion of def. for new trial overrued.
Judgment on the verdict
Resciipt. A verdict must be manifcstly
against the weight of evidence, before the
court will SGT j, aside on motion. Appleton,
{. j.
Emily u. DAVIS vs. Eber Davis
Stewart. Wright, Webster
Judgment for the plaintiff.
Alfredo Briggs, Lib't, vs.. John b. Briggs.
Walton. Lindsey.
Rescript. To give the eour, jurisdiction in
libcls for divorce, it must appear afiirmatiycly
that one of the parties has a residence in the
county where the libel is pending at its date.
Such fact does not appear in thi. case. and on
that ground the exceptions are overruled.
DanfOr,h +.
Nathaniel X. BuIkctt vs. Arthur Trow bridge.
Rice. Gould
Judgment for PIT. i7r Sill and interest from
date OF writ.
Alfred Sleeper IS. Union ms. Co.
Gould. Stetson.
Exceptions sustained-ncw trial granted.
Joseph iIovey VS.. Joseph Candage.
hcuIt! N 4nOGTc MUTtiaHu.
Motion and exceptions overruled.
LINCOLN.
Alfred LennoX pet. for increase of damages,
VS.. X. & l.. X. r. Co.
Smith, Libbey. Gould & Moore, Ingalls,
Exceptions OBSERVATION-DISCLOSURES affirmed
with costs.
RtScfipf. \ motion to set aside verdict
because the jurors at the view held communi-
cations with the petitioner, his counsel and
witnesses, will not be heard by the court,
where there is no specification in the motion
as to what jurors are thus charged, nor as to
what was said or done in such communica-
tons; especially where from a report of the
evidence in the trial, which is made part of
this case, the verdict rendered seems to be
well sustained by the evidence reported. If
the exceptions could be construed as showing
that the refusal to hear any evidence upon the
motion TO set aside the verdict as being
against evidence, embraced the evidence as
reported by the person presiding at the view,
it becomes immaterial, as such report is re-
ferred to as a part Of the exceptions, and
shows that upon the motion such verdict
should not be disturbed. Virgin, j.
Henry S. Doyen vs.. Siah Bruce.
Croswell, Whitcomb Bliss.
The exceptions (taken by deft. not prose-
cuted and are acknowledgement on the
verdict
John l.. Thompson vs. VIM. II. Plummer.
Hilton. Pike.
Motion of def. for new trial overruled-
Judgment on the verdict.
State vs.. Phineas Hallowell
Carleton.
Rescrtpt. An indictment will not be quash-
ed upon motion, for the reason that one of the
grand jury which presented the indictmen,
was at the time constable. Virgin, J.
Joseph W. Spaulding VS.. N. Y. Life ms. Co
Reed. Tallman & Larrabee.
Judgment for the defendant.
Alexander ii. Ward vs.. Simeon C. Coffin.
Adams. Orr.
Exceptions overruled-nonsuit confirmed.
Sarah A. Flagg VS.. James Abbott,
Spaulding. Hall.
Motion and exceptions by deft) overruled.
Rescupt. When the evidence is conflict.
ing, the verdict of jury will not be set aside
unless it is manifestly against the weight OF
evidence. Notwithstanding parties may il
legally cohabit, the one may loan money to
the ether and be entitled to recover it. So
| one may render services to the other and be
entitled to recover compen sation for the same.
1t is not necessary to give instructions to Il
jury In tHc language Vi request. IL tney
are given substantially when correct, or as far
| as they may be correct, the excepting party
has no cause of complaint.
Samuel ID. Reed vs.. Francis Oliver.
Reed. Tallman & Larrabee.
PTS exceptions not prosecuted--judgmen'
on the verdict
| John w. Conner VS.. Elbridge Small.
Brown. Spaulding.
Motion and exceptions (by ptf.) overruled.
Benz. +. Tallman appellant from decree OF
Judge of Probate.
Hall.
Exceptions verruled-jndgment of tht
Probate Court affirmed.
kENNEBEC.
Asa Gile in eq. VS.. Estate of Joseph Eaton
nopey. Bradbury
Bill Observation-Disclosures to be appointed.
| Aipheus Hunter in eq. vs. James Hunter & ais
bradbury. Heath, Libbey.
Bill sustained with costs-dccree as praye,
! for.
Annette Jewett VS.. Thomas Gage.
Kinds, Baker Libbey.
New trial granted.
Noah Woods sci. ia. VS.. Lorenzo ID. Cooke
Rapiamin. Rakar ;hhox,