Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-03-20

!, gested, N l., Boyden enters as ad
Illustrator to prosecute the suit
and it is continued. BOyden aud
penison for plff.. Perrin, Wilson
aud Rowell for dett. p
No. o. COrdelia e. Cook .. T0wl
Of Thet/ord. Case for injuries upOl
highway. Plea, the general issue
trial by jury, and verdict for thu
plaintiff for $iS33.33. The defend
ant moved to set aside the verdict
because Simeon II. Cooke, the form
or husband of the plff. and an i'm
portant witness In her behalf, while
the case was on trial, talked about
the merits of the case, tavOrably t.
her, to and IN the presence of some
of the jurors. The assistant judges
against the opinion of the presiding
judse-Peck-Set aside the verdict
to which the plaintiff excepted,
Judgment affirmed. Hebard for plti.
Gleason, Clarke and ROwell for the
defendant.
No. 10. Braley and Wal,coyth,
aims, .. Daniel BWnham. Trespass
for 10 iieeces of wool. Plea, the
general issue ana justification as
tax collector, under Il rate.bill and
warrant. Replication to the second
plea de hJuia, &c. On trial the
defendant introduced in evidence
the grand list of Chelsea .f0r the
year 1860, which was regular upon
its face. and also introduced one
Pitkin as witness. who was one of
the listers that year, and who testi.
fed to giving the intestate written
notice of his assessment that year !;
and on discrimination plaintiffs
counsel produced a notice which the
witness said was the one, and the
only one, he gave. That notice only
stated the amount of the assess.
ment, emitting to name time and
place for hearing grievances. The
plaintiff offered the notice in evi.
dence. and asked the court to rule
that the same was insufficient, and
to direct a verdict for the plaintiffs.
The defendant objected that the va.
lidity of the notice was not raised
by the pleadings, and that the pro-
duction of the list, regular upon it's
face. was conclusive, under the state
of the pleadings. The court held,
for the purpose of that trial, that
the notice was sufficient, and there
was II verdict for the defendant. At
ter arguments by Rowell for plain.
tiffs, and Hebard for the defendant,
the court desired time to consider,
and entered the case "With the
Court"
No. II. Henry Barnard .. Cor
NTH Copper Go. This was an action
to recover the value of large num-
Der of shares of the stock of the
on the ground the com
pany refused to transfer the stock
TO plaintiffs name and treat him as
, stockholders. Judgment i'll coun-
~ court last June Term, giving
left. 81, 92O.45 damages and his
costs. Exceptions to the admission
If testimony by def. Judgment
If County Court gMirmed without
hearing. QrmsW for plff. Farm
lam for def.
No. II. Ferdinand Il. Noses apt.
;. John Ballard. Settled. Perrin
md Rowell fer pltf. Boyden for
left.
No. ID. Elhainan Z. Lille ..
Elisha Lille, ct ais. Continued. Per
in for plff. Denison and Boyden
or def.
No. IA. Jacob A. Spear .. John
Seymore ct ais. Petition to foreclose
mortgage. The question was
7hether the second and third mort
age notes had been paid by Sey-
lore, the signer thereof, so as to
them in the hands of the
who claimed to be the
ssignee thereof. The petitioner,
that Seymore in fact paid
he money to the holders of the
otes, clain that he acted in that !
ehalf as his agent, and that the
was in fact purchase t
the notes by him; while defend 6
hts claimed that the petitioner :
'aned Seymore the money to pay t
he notes and that Seymore paid
lem, intending to extinguish them,
nd that the holders so understood
and they showed that Seymore
ept the notes in his possession
bout year and half after he had
IN away to Canada, the petition
r got the notes of his wife, and
aid her 500 therefor. The decree 7
f the Chancellor gave the petition
: the amount of said notes, less .
100 paid thereon by Seymore. DE.
rec affirmed. Barrett, j. dissent
'g. Boyden and Denison for plff.
erin and ROwell for deft.
No 10. William Gabrielle ct ais.
Il. I. Dubois ct ais. Continued. r.
erin and Rowell for pltfs. Deni- s.
IN, Boyden and Clarke for defts. 7,
Chas. W. Piper and A. B. Davis . I
'oses ID. Fdyv. Appealed by def.
,cretal order of chancellor last June