Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-08-16
Washington County Supreme Court.

Washington county was begun at Montpelier on
Tuesday the sth day Of August, and was ended
on the afternoon Of Friday the 18th. Judge BAR
rett presided and Judges Royce, Ross and Powers
sat with him.
Amm Royce, by next friend, vs. James NJ |
yandensen was the first case heard. II was an |
action Of troyer for u horse, and came to this |
court upon the question whethera married woman |
living apart from her husband may maintain a |
suit by next friend for the conversion Of property
held in her own right The County Court ruled |
that plaintiff could sustain the action under the |
pleadings, the defense being the general issue.
The Supreme Court affirmed the judgment, re- |
marking that plea Of abatement was the proper |
form Of defence Judgment for plaintiff for one
hundred and hfty-one dollars and siSty-four cents |
damages
T. r. Robcrchard u.s. James &. French.-Judg- |
ment Of County Court affirmed without hearing
Alonzo Redway rs. Lewis f. Schofeld. -Judg-
ment Of County Court affirmed without hearing
William Demeritt u.s. Rolon Knapp Judgment
affirmed
Walter fullerrs D. T. Eddy The County Court
ruled that the defendant had no right to enter and
take possession and that the manner Of the entry
in this ease was not " with high hand and null
titude Of people within the ruling Of the statute
Of forcihlc entry and detaner which Judgment
for the defendant was affirmed
Iamm Macon vs. Town Of Berlin Action Of
assumpsit TO recover for board Of an alleged tran
sient pauper Judgment Of County Court reversed
and Judgment for defendant
Joseph A. Wing u.s. Henry Chapman. Action
Of false warranty in sale Of yoke Of oxen Judg-
ment OF the County Court reversed and case re-
maudcd Tor new trial Wing pro 0 Heath and
Carleton for the defendant
David W. Folsom rs David G Conner, eXecu-
tor Judgment Of the County Court affirmed
Ileaion, Heath and Carleton for plaintiff Iamson
for defendant
Moses T.. Howard rs Lorenzo Black Action
Of rcpleyiu Tor cattle Of the plaintiff impounded
by the defendant Held that the defendant, hav-
ing filed no ayowry, could not Introduce evidence
ia justification. and that there was error in the
County Court in admitting such evidence under the
general issue Judgment of the County Court re-
yersed and the case remanded for o new trial.
Wing aud Livingston for the plaintiff Heath a
| Carleton for defendant
Joseph $ Dodge and wife u.s. D. W Dudley
| Action on the ease for negligence. This WIS the
well known fair ground casc It came to the
| supreme Count ou exceptions to the ruling.o She
County Court that five dollar~, The amount Of the
| plaintiffs verdict WIS merely nominal damages
| The decision OF the County Court WAS reversed
! Wing for the plaintiffs Heath and Carleton for
defendant
Moses T. Howard rs. Randall and Dumnt-
Judgment of the county count affirmed. Wing for
plaintiff, defendants pro se
Merritt aud Alma burlington rS the town of
Warren Action for injury ON the highway The
notice in this case was held to be- bad, aud the
Judgment Of the County Court for the plaintiffs
was reversed Carpenter aud rlnmley for the
plaintiffs. FIX for defendant
rirst National Bank Of Montpelier rs Ashley
! Hubbard 1T al The defendant claimed that the
state court had no jurisdiction in this ease, the
plaintn being a National Bank but that the
United States courts had exclusive jurisdiction
The Judgment Of The County Court was That the
state courts had concurrent jurisdiction wii the
| United States courts This ruling was affirmed
and the plaintiff has Judgment Gleason Field
Tor plaintiff Wing aud Heath Is Carleton ioi
defendant
Estate Of Deni-on X Smith u.s. Norman "
maley Ihis-is an appeal from an order Of the
probate court, directing the production hy the de-
PENDANT OF certain books and papers relating to
IN a nar,t.,,l,,.,, - ,,.,a r,ota
80. -,..t.t. t,,. -,
,,..a,a. -, a.. -.
-, 49, ,t.s -. -. -. H.. ,,,
nr,,, r,o o,.. - -, va. a.,
,,.f.,tr. ,to..,...',, -. ,..,.t..t..
ri p SCI. ~. a.. c.,,t.. t,1.
mon, ~ r.,,,,, cam, ,e,,,,,,t ,t.,,i i, ,,,i,
80, t..,t.io,i,r ,.f.,1.,
I,o,r, II ,f.c,,,,dI,v p Kan, Ann.
81, =, rcco,er ,o,re,, ,,il a. ,.,ry Tho d.fera
an, ,ls,d.a 81, i.fe,'. coo,,,., ~ ,oie,.. nm
der seal m. copnty C,.o,, ,,,iel tt,, tho ra,.,s,
holm. f,r o,od c,,.it,r,tiou v,. ,aid vhi,,
WA. aflrmed by the Sunrene Conf although in
timatin that IL yonld lac otber,iss ,to,, tho con
alteration q. merely nominal and fr tho ,,,rpos,
~ avoidip,. tho law Is,tb A c,rlet,r f,,r ,i,i,
iii WING for defendant
9 t,,o,,o nl,,i, ,, Nf,.os j. lI.,.,rl ,.,i,, 81,
tre-p,.. for DAMAGE done defendant cattle u,
case .,,l. ,,, l.,,,,,-yor =, ,Iof.rl,,,. .,,oi,
plea in bar ALLEGING that plaintir's n,rt o.
li,i.i,.,, f.,,e H., 81, i,,,i f.n., n..i.i,r 20
seryed ue,t, & c,rlo,o,, t,r ,,r,t,,io. yi,,
far lcfo,d,pt
Ap,iro pier,e OIL, r,sc,,,,n A. r,,n. linda,
mept o, County cnrt f,r ,itntil t,,. bn,,,rc,
7 any-tvo dollar. and twelve cent. Jam,oes ,f
, sr,,.1 ue,u, & c,rl,,,r f,,,l,,,s,r r.
ueat, and Gleason, A. r,ell f,r d.f.,a,rt
Randall & n,r,,,t, ~, n r. n,,op Tho ,,o.
Zion, i,,,.t,.t g.. ,,f. ........ . ..t..t... ,i.