Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-11-12

| Chittenuea-W W neeler, Royce hedhsli, fOwers-
franklin n-P erpoin.. whselsr. Reddsld. Ross
| Jan. 10.
Grand Islc-FlcrpOlnt Wheeler. RsdAoid, Ross
Jan. IS.
Add sOn-Barrett. Wheeler. Reddsld. Ross-Jsu
Rrtland-Pierpolnt Barrett. Reyes. Powers
Jan. a.
bennington -Psrrpoint. Royce, Ross. Powers
Feb. 8.
windham-PisrpOlus, Barrett, Wheeler. Pewers-
| Feb. IA.
windsor -tisrpoint, Wheeler Reda=ld, Ross
Feb. 81.
Orange -PierpOint, Barrett. Royce. Ross-Marsh
Washing ston-Barrett Royce, Ross. Towers
Lamoille-Wheeler. Royce, Redfslt. Ross.
0rleans-Barrett. Wheeler Roycs, Ross.
Essex-Barrett, Royce. Rediisld. Powers
Caledonia-barrett, Royce. Retheld. Powers
FOR COUNTY COURT
Pierpoint. Oh. J-ASdison and Chitteadsn
Barrett Windsor and Windhim.
wheeler J-Rutland and Benninsto
Royce J-Frsnklin and Grand I.le
ked6eld, Washing gton and Orleans
Ross. J-Caledonls and Essex.
Powers, J-LamoIle and Orange
We copy from the Montpelier Watelman
the following reports Of cases from this
county:
Edward McCarty Us Edwin Woods and
Hiram S. White This was an action of
trespass quare cla4sum, for breaking, enter
ing and searching the plaintiffs dwelling
house on the 9th day Of May, \. d. 1874
At the time of the alleged trespass the
plaintiff resided on the west side Of Cham
plain street, in thel city of Burlington. in
tenement house owned b. one John Ro-
barge, occupying portion of the tenement,
consisting Of kitchen, pantry, bedroom
and parlor, on the first floor, and the cellar
underneath said rooms two Other families
lived in the same tenement-hOsse, each
family occupying certain apartments, and
each had the exclusive control aud posses
sion of the part by him occupied. This
tenement-house was situated next south of
the dwelling house and store OF John Ro-
barge and Alexander Deyette, which was on
the southwest corner Of Champlain and
Monroe streets-a building jointly ownedby
said Robarge and Deyette. On the 9Th OF
MAY, 1874, the deiencant White, who was
then Constable of Burlington, having COM
plant and search warrant issued under the
liquor law, which complaint was signed and
sworn to by defendant Woods and TWO other
legal voters. as required by the liquor law,
went 10 the plaintiffs house and was admit
ted into the house hy the plaintiffs wife
the plaintiff himself being absent. White
having explained to plaintiff : wife that his
business was to search for liqlor belonging
to Robarge and Deyette, and that be had
warrant for that purpose, she told him to
search-which he thereupoa did, but found
no intoxicating liquors This entering and
searching Is the trespass complained OF, and
the action was brought before Judge Tyler,
of the city court, and tried by jury June 10,
1874, and verdict for defendants. The de-
PENDANTS pleaded said search warrant in
Justification. The case came to the Supreme
Court on plaintiffs exception to Judge Ty-
ler's charge to the jury.
The questions OF law raised and discussed
before the court, were a follows The
complaint and search warrant described the
premises to he searched a. - The store and
dwelling houses of John Roharge and Alex
ander Deyette, situated ON the southwest
corner of Champlain and Monroe streets in
the city Of Burlington. and the tenement
house next south of the same ON Champlain
street, and out-buildings." 1t was claimed
BY the plaintiff, that his dwelling house was
not described with sufficient particularly
that il was not sufficient TO describe said
tenement house as - the tenement house
next south Of the dwelling houses and store
of John Robarge and Alexander Deyette,"
and that the particular lortion Of the tene-
ment house occupied by We plaintiff should
have been set forth and that for want of
sufficient description Of the premises search
ed, said search warrant was void. and no
Justification to defendant White. The
plaintiff claimed that no intoxicating IL
quors having been found upon the search,
and White having entered and searched the
premises without the Plaintiffs permission,
the defendant Woods under the circum-
stances of the case is liable in trespass
that the court should have instructed the
jury that, If they found that defendant
Woods, at the time OF siguing ani making
oath TO said complaint, had not such infor
nation as would lead prudent and eonseien-
tious man. in good faith, 10 believe that IL
quors were kept in the premises searched,
intended for sale contrary to law, the war
rant and proceedings therein are no defence
to defendant Woods and that the Court
should have Instructed the jury tht, il they
found that at the time deiendant Woods
signed and made oath to the complaint, if
nothing more was done than simply swearing
to the complaint-if the magistrate signing
said warrant made no inquiry into the
grounds of defendant Woods belief of the
facts sworn to in the complaint-then SO far
as defendant Woods IS concerned, the pro-
ceedings were irregular and void, and no
defence to Woods. Decision reserved case
with Judge Royce. R. ii Start for plain
fiH Ii. Ballard for defendants
Vermont Life Insurance Company IS A.
J. Dodge. APPELLANT. Tie plaintiI, on the
18th Of February, 1873, brought suit. in
general assumpsit, against one Charles Dat
ton, of Hydepark, returnable before Judge
Noyes, of the Burlington City Court, and
judgment for S3i4.06 upon this
judgment was issued an execution against !
the body Of said Dutton, with the certificate
of said city court thereon, that the money |
for which the Judgment was rendered was
received BY said Dutton in hdlciary capa-
city that he converted the same to his own |
private use, and that the court adjudged |
that the cause Of action arose from the will
ful and malicious act Of the defendant, and /
that be ought To be confined IN close Jail. |
L pen this execution the said Dutt1u was
to the Jail in Orlea-- county, on
the 81 of April, 1873. On the lijh dsy of |
April, 1873, Dutton made his petiti to
Judge Ross to yacate said certificate aud ad-
nit him to the poor debtors oath. which
Judge Ross did, ordering Drttvn 70 be ad-
nitted to the poor debtors oath on and after
May Goth. 1873. On the 20th of May,
1878, the commissioners Of Jail delivery of
Orleans county admitted Dltton to the
poor debtors oath, and made their certif-
,ate on said execution dischargiug him from
arrest, and he was therefore released. This
.ction was brought against the defendant
Dodge, sheriff of Orleans county, for the
,scape of Dutton. Case came to the Su-
3reme Court upon demurrer to defendants
Plea. setting forth the facts above stated.
The question raised is, the authority of a
udge of the Supreme Court to vacate such
certificate as was upon the execution against
)utton. The court, through Judge Wheel
IT. held that Judge Ross had authority to
AGATE the certificate, affirming the Judgment
f the county court for the defendant, but
IN motion of the plaintiff, pro torma, re-
ersed the judgmen Of the county court,
nd remanded the case, with leave for plain
i'll TO replead on usual terms Daniel Rob
RS and Wales Il Taft for plaintiff j. T.
Llen for defendant.
Alfred Pierce rs Lorenzo Whiteomb.-
'ase from Chittenden county. tried by Tim
thy P. Red6eld. Lewis l.. Bass and d. d.
referees, by whom the follow
* facts are reported The plaintiff, in
be evening of February 3, 1869, went to
efendant's house and desired to get six
ushels of oats the defendant was farmer
nd raised large quantities of grain for sale {
e kept his grain in granary some distance
.om his house, bat was not in the habit Of
slling grain from out the granary, or max
x contracts for its sale in the granary. but
sed the granary only FOR the purpose of