Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1874-12-26
Ov0MOe County COWrt--D Dec. TorM

Orange County COmrt--Dec. Term
II on. 7. =. REDFIELD, chief Judge.
Hon. HON, e S + cSun D''"fr Assistant J"ges.
l.. q. IliNCKLEY, CLERK.
S. b. IiEnARD. Deputy Cierk.
N. l., BoyDEN, States attorney,
TX. BERRY, Sheriff.
HENRY OvArT Reporter.
Thursday, Dee. Il.
The court decided this morning
to grant the writ of habeas corpus in
the ease of David MoultOn called
up yesterday.
The mittimus on which Moulton
was committed To Jail was directed
"to any sheriff or constable CT to
Walter S. Darling.' Tie return did
not show that Darling had deliver.
ed the prisoner up to the keeper OF
the Jail within the prison and it was
signed by Darling as authorized
person and was not sworn to.
The court decided that the mitti-
mus should have been directed to
Darling as indifferent person, an d
not being so directed the whole pro-
ceedings under it were void, and
the prisoner was discharged.
Sometime in the course of the
next twenty -four hours those inter
ested in prosecuting MOulton began
to think that some proper officer
could still serve the mittimus, but
Moulton had prudently departed.
OF course somebody is liable for
false imprisonment. Who is it and
how many?
No. 127. p. q. G W. s, Cratts ..
L. Ii. Tabor, Il. N. Collins and q. @.
Payne. Assumpsit on promisory
note Of $500. Defense by Payne
that he signed as surety, and that
the time of payment had been ex
tended without his knowledge or
consent, in consequence of the pay
ment by the other defts. of usurious
interest. Also plea in offset of the
extra interest paid on this note and
also that paid on another signed
by the defts., except Payne. Plffs.
claimed that Payne could only prove
the contract for extension OF time
of payment by showing a contract
in writing according to the statute,
and that evidence of a parol con
tract offered by def,s. was not adj
missable. Plffs. also objected that
extra interest paid by part Of the
defts. on note not signed by Payne
could not be offset in this suit.
The court sustained the claim of
plaintiffs on both points and direct
cd a verdict for the plffs., blank as
to amount of damages, the counsel
saying they could agree as to the
amount due under the ruling of
the court. Amount agreed upon.
Damages $357.01. Costs S32.G1.
Franham and Rowell for plffs.
Harvey and Clark for defts.
No. 1856. Joel Winch, Ooerseer Of
Poor Of Northteld .. Henry N. Fl.
BOyce. Action for the utilization Of
a child born Of an unmarried paup-
err in Mortified. Trial'asted through
the day, wing the facts usually
incident to such cases.
Friday, Dec. IS.
No. 139. Verdict of Guilty at
noon. Fisk and Heath TOR pltfs.
Perrin and Rowell for dett.
No. 145. Watson W. Bannister q.
N. ". Hunt and N. W. Hunt, ill.,
on the case. Plff. claimed
that he was made sick by the defts.
putting into some cider they furnish
him copperas and saltpeter. Trial
lasted through the day.
Saturday, Dec. 49,
No. 145. Lasts through the day
Monday, Dec, 81,
No. 40. Is argued by Dennison
and Heath for the plff., and by Boy
den and Rowell for detts. Mr.. Du-
rant assisted in the trial on the part
of plff. Verdict for defts.
No. 21S. State .. John Allen alias
No Name alias John Doe alias Rich-
ard Roe. Prosecution for burglary,
in breaking into the store of Mr..
lewksbury of West Randolph last
year. The jury were empannelled
today.
Tuesday, Dec. ~.
No. 21S. Occupies part of the
lay.
Theirs is no defense made by the
He evidently went to
rial trusting to the slight hope
hat the prosecution could not make
,ut a case. The case went to the
ury without argument, Verdict of
Guilty. Respondent is at once SEN
enced to eight years imprisonment
n the States Prison. States At