The Lamoille news. (Hyde Park, Vt.) 1877-1881, 1877-05-16
LAMOILLE COUNTY COURT.


Hon. II. IT. POWERS, Chief Judge.
l." j. ". STILES, Asst Judges.
" j. IL. PAGE, ''
W. ii. II. KENFMLD, Clerk.
i. b. SHERwIH, Sheriff.
+. W. TuoRPE, States Attorney.
j. ii. MDMs, Reporter.
V. w. WATERMAN, Court Auditor.
Bedell VS.. Foss. Special assump-
sit. This was an action in which the
plaintiff sought to recover the sum of
$500, claimed to be due by the de-
fendant in discharge of a lien on GER
tain horse. TIE testimony Of the
plaintiff tended to show that some time
ago he sold a mare to one Jewett
Demus, rescrving a lien upon Said
mare. For some reason or other De-
mus effected an exchange with the
defendant Foss, giving his mare for a
horse owned by the latter. In making
this exchange, Demus claimed he had
the permission of the plaintiff. The
defendant Foss finding the mare a
kicker took her back to Denius, de-
handing his own horse rescinded to
him. This Demus refused to do, and
suit before the justice was the result,
in which Denus came ont victorious.
Meanwhile the plaintiff had taken pos
session of the mare, by virtue Of the
lien he had upon her. The defendant
called upon Bedell and obtained pos
session of the mare. The defendant
claimed that in getting possession OF
the mare he considered it his property
by virtue Of the exchange he had made
with Demus, and that the plaintiff so
understood it. This the plaintiff de-
MED, and claimed that he had let the
defendant have. the mare only upon
consideration of his (deit's.) becoming
responsible for the Zen that it was
incumbent upon Demus to have paid
in the first place and this action was
to recover that amount, namely S73
The defendant introduced testimony
tending to show that the plaintiff hac
disclaimed any intention of holding
the defendant responsible for this
amount. These admissions were de
MED by the plaintiff. Verdict for thu
plaintiff, $50 damages. Niles anC
Thorpe for plaintiff, P. X. Gleed anC
c.. C. Burke for defendant.
Smith VS.. Adams.-Damages fo
alleged assault. The trial of this cast
was commenced and proceeded shor
way until evening. Upon the coming
in of the court in the morning it wa
announced that the parties had takel
wiser course, and settled the diff
Guilty themselves, thus obviating tn
necessity of any settlement by the jury
The case of State VS.. Adams, Stat
prosecution for the assault above re
ferred to was then brought to the at
tention of the Co. Court, and in viey
of the facts of this case and represen
tations of the neighbors of the parties
the Court was inclined to be lenien
and inflicted fine of $40.
Fairbanks VS.. Benjamin. An actiol
of trespass and trover. This was al
action brought by the plaintiff Fair
banks to recover some property latel.
belonging to one Godfrey. The SAT-
Godfrey had become eharg6able to tn
town, and the authorities of the tow
| had taken possession Of his propert
in virtue Of an assignment claimed t
be made to them by the said Godfrey
The plaintiff Fairbanks had attaches
the property and discharged the in
debtelness to him by Godfrey. TIL
Court ordered verdict pro formo 70
the plaintiff, and damages were agree
/ upon by the parties. Gleed for plf
r. Parker and G.. i. Waterman fc
defendant.
State VS.. Stewart. This was stat
prosecution for an alleged criminal il
tercourse of the respondent with on
Wilson, constituting the claim of adu
terry. The only direct testimony in I'll
] case was that of Mrs. Day, who claim
ed to have surprised the parties