Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-08
The Supreme Court.

chscs not hlthcito notlccn.
Charles Alger u.s. A. p Kennedy, apt 1his was
an action Of special assumpsit for rent due under
a lease from che plaintfI TO the defendant The
plea was the general ISSUE with notice Of special
matter IN defence The case was tried by jury in
the Chittendcn county court, April term, 1870,
and the plaintiff secured verdict ~ forty dollars
and four cents damages and costs. There was no
dispute but what the defendant took possession OF
the premises under the lease and that, NJ the
time the suit was brought, he used the quarters
rent The special matters set up In tho defend
ants notice land TO the admission Of which the
plaintiff objected, on the ground that It would
contradict the terms Of the lease, and, II true,
would not constitute an eyctlonl were in substance
that there WAS certain sub-cellar under the
house, which was not leased by him, and which
was an unboarable nuisance on account Of its filth,
and that for that reason, the plaintiff having neg
ected to abate the Nuisance. he had left the prem
isos. The house in question was on the corner OF
College street and Centre street in Burlington, and
was referred to in the lease ~ having been " re-
Gently occupied by T. laporte as a French hotel.
The defendant entered on the first day Of Decem-
ber 1872, to occupy 1t a. clearinghouse aud
hotel and left II in October, 1873. The plaintiff
proved that the snb-cear in question was occu-
pied, to a small extent, by iaporte, and put in
evidence lcontradicted by defendantl tending 10
show that. at the request Of the health officer he
had thoroughly drained and dried the cellar dur
ing Kennedys occupancy. by the terms Of the
lease, the defendant was to keep the place in re-
pair Tie main questions ia the case are whether
the defendant leased the sub-cellar (which in
wolves the construction Of the terms Of the leasel
dsI ,s.la dot an.
legations about its condition were true, such a
state Of things would constitute an eviction.
Messrs C. j. Algor, l.. l.. Lawrence and II. II.
Talcott for the plaintiff Messrs Henry Ballard
and Seneca Hazolton for the defendant.
Susan i. Shackett rs Marshall + shaekett.-
This is the notorious scandal OF Addison county
rcdirirvs This same petitioner asked for a bill Of
divorce in 1872 alleging as grounds adultery AMI
intolerabe severity and refusal to support on the
part Of her husband. lie resisted and put in evil
dence tending TO show that she had been unfalth-
ful to her marriage vow. The court dismissed
the petition In 1872 she then brought the petit
ton now under consideration setting out the same
grounds substantially before, but putting their
occurrence at a date subsequent to the acts COM
planned of before The peutonee demurs max
ing the point that the former decision Of the
court bars her from any further proceedings look
ing ~ divorce. Messrs. Henry Ballard and
Seneca Ilazleton'for the petitioner NIessrs Stew
art & Eldredge and slade Il Harris for petitionee
Sullivan T Barber rs. Ferry H. Thompson ct AL
Nelson Thompson and Mary Thompson, the pa
rents Of the defendant, in 1870 conveyed their
farm in Pownal to him, and took back bond
and mortgage for their life-support, for the pay
ment Of the fathers debts aud certain sums to the
other children, in particular the payment Of four
hundred dollars to their daughter Abigail Barber,
the orators wife, to be made in APRIL 1871. The
money WASH paid and Abigail died after a time,
and her husband was appointed administrator
After Abigals death the parents discharged the
mortgage so far as they had power TOY as re-
garded the payment to Abigail by the defendant
and her husband, the orator. brings this bill
claiming that il had become vested in his wife,
and that the parents had no power to discharge
it. and asking that the defendant be ordered to
pay over the four hundred dollars and interest
Mr. c. y. Davenport for the orator Hon Abraham
b. Gardner and sibley for the defendant
First National Bank Of Brattleboro RS. West
River Railroad Company and Frederick, /. Brown,
The West River Railroad Company began to
build it, road from South Vernon aud entering
upon the defendant Browns land, had it con
demned and the damages assessed at eleven hun
dred dollars which was deposited in the First
/ National Bank Of Brattleboro Before it was
| paid over to Brown by the court, the railroad
company was enjoined from building its road on
the route, but it was begun and the injunction is
acquiesced in by the road. The road now claims
that inasmuch it has not and will not use
Browns land, it ought not to be obliged to pay
| him the eleven hundred dollars, but is willing to
! pay him three hundred dollars for damage done.
Brown claims that he is entitled TO the entire sum,
since the land had been finally condemned and
compensation awarded according to law. The
bank brings the pending bill of interpeader to
certain to which of the two or how, it shall pay
/ the money Messrs. Field and Tyler for the Bank
Messrs Davenport and Eddy for Brown Messrs.
! Field and Tyler and J.. J. Phelps for the Railroad
Company.
Freeman Bixby Is. Montpelier and st. Johns
bury Railroad Company, and Montpelier and St.
Johnsbury Railroad Company Freeman BiXby
petition for a new tria). The petition for new
trial was based on the allegation that the verdict
in the county court for the plaintiff, was contrary
to the evidence After the verdict, a motion was
heard by the county court to set it aside on
the same grounds which motion was dismissed
without prejudice. The supreme court held that
tte nresept petition should be dismissed ON ae-
count Of the decision of the county court the same
reasons Tor Granting a new trial having been al
GOOD in 10Th annlications Tho first ease Is a hin
Of exeention taken to the rulings of the county
court. thecbief one being to the reference to the
inry If the question whether the nlaiptifT had
m,dc ant that the nlace whore the accident han
,o,,ol a., Tho nal limo Of tle defardanfs road
Messrs ! p tamsop and : q shprtlelf for nlain.
tn. Nass,s p,igham anil Waterman AMI n +
Fise1d Gar tho descendant
naniol r,ler ys Fsta,e NJ / White Tho
,.,,or ros,dort Of Nov,hfo,d hrtncs a lii in
,o,,.o, o,io,;,,, Tho. IN rs,- La az no admin.
,.+ra,or ~ ,ba ostate of bis fa,her perley Tvlor
go,,l a, a,,c,,,, n wlte eftv sharos of stock a,
,ho w., pi,or bani, of Jamaica for twelve hum.
a., III, 10 ,oo, ,.,t,o ~ ,,hi,t ,,as t,,o,,
a.. h1.a1 1a,,,.. ,,,d t,,, tarr,s IN Nor,,,so,d
~ - - ,,,d .a, do,,,.s ,l,o ro,
49,. -, 80. H., .a,,, 49,,
,'..at. vhi,a a-rooI =, aol,,'s, h,cl, Tho nror
a,.a,,. e. 1o,,a,d him ~, III.
had always retained possession of the real estate
that Whites executors, Messrs. Heaton and Reed
having brought an action Of ejectment against