Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-10-12

ChIttenden County Court.-SepIember Term.
HON. JOHN PIERPOINT, PREsIDIS" JUDGE
Hos. A. b. HaLBEEr, J,.,,t,s, Jy,t,,,
Hon. T. u. CHAPMAN, '"'''''
FRIDAY, Oct. 8.
The case OF Ashley and Howard, apis vs.,
Francis McAlullen. sp 'ee., which was com
menced yesterday afternoon, will probably
be continued this morning. This is an ac-
ton of sssumpsit for the balance due on a
book account between the parties Messrs.
j. f. WheelOck and G. W. Writers for the
plaintiffs j. $. Upper for the defendant
SATURDAY, Oct. 6.
The case of Ashley and Howard VS.. Me
Mullen was given to the jury at four clock
yesterday afternoon. An hour later the Jury
brough in verdict for the defendant.
The trial of G 5. Palmer, ap zee. vs.. 5.
Tyler, apt. was then commenced. 1t will
be- concluded to-day. This il an action of
trespass and trover brought to recover the
value of a quantity Of cord wood claimed by
the plaintiff as his property, by virtue of his
having purchased the same at Sherltf7s sale
on an execution in his favor against one
Peter Lord The defendant claims that
prior to the attachment. levy of execution
and sale, he had bought the wood in ques-
ton VI LOTu. hud ny hRTCelntnl DetWecn
him and Lord, the wood was delivered to
him on the premises OF one Thomas Tyler, iu
Westford. that the wood was so delivered
and subsequently paid Tor by the defendant
After the testimony was closed, the court
held that there was sufficient change OF
possession of the property, and directed
verdict for the defendant to which ruling
exceptions we're taken by the plaintiff
Messrs. &. s. Palmer and A. V. Spalding
for the plaintiff; Nj. A. Bingham for the
defendant.
The court then took a recess until Mon
dey afternoon at two clock.
TUESDAY, Oct. 9.
The case of Leet A. Bishop VS. George II.
Brown was commenced at the opening of
the court at two O'Clock yesterday alter
noon. This is An action of general assump-
sit brought to recover 81 900 claimed by
the plaintiff to be the balance due him from
the defendant on second exchange Of their
farms in Jericho. In 1872 each of the
parties were owners of farm in Jericho.
That OF the plaintiff being FIVE hundred
acres in extent and valued at SET. 900,
while the farm of the defendant contained
one hundred acres and was valued at IS 900.
with membranes amounting 10 $4,000
upon it. In the exchange the defendant
gave the plaintiff his notes for S22 600.
secured by mortgage upon the Bishop farm.
One year later the plaintiff sold the Brown
farm for s. 800. subsequently Brown
having failed to pay his notes, the plaintiff
agreed to take his original farm back, give
up the defendants notes and allow the de
PENDANT ali he had realized from the sale of
the Brown farm, but in reckoning the sum
they called the amount of the mortgages on
the Brown farm 50 800 instead OF S4 500,
and this suit is brought to recover the
difference. The plea is the general issue, a
tender and acceptance. l.. F. Wilbur and
ii. Ballard for plaintiff &. 5. Palmer and
Z. X. Hard for defendant. On the cOnclus-
ion of the plaintiffs testimony the court d.
rected verdict for the defendant, on the
ground that no demand for the amount in
question had been made previous to suit.
No other case being ready the court then
took recess till this morning.
The case of Oliver SpoOner and wife vs..
Z. W Reynolds, occupied the session this
morning. 1t will be concluded this after
noon. This is an action of trover brought
against the defendant, who had attached
and taken away one wagon. two harness
and one straw cutter, while acting In his
official capacity as deputy sheriff, on
writ in favor of the Terrill Brothers, Of
Jericho, against Oliver Spooner. The prop
erty in question is claimed to have been
originally purchased by the female plaintiff
and used on her farm out of the avails OF
pension drawn by her from the United
States government, and that it. as well as
the farm, had always been regarded and
treated as her sole and separate property
The plea is the general issue. the defence
claiming that the property was purchased
by the husband, he giving his personal Oh
legation for the same and that his agency in
the matter was never disclosed until recent
ly with the intent to defrsud his creditors
Messrs. R. H. Start and Ii. Ballard Tor the
plaintiff. l.. +. Wilbur for the defendant.
WEDNESDAY, Oct 10.
The case of spooner and wife VS. Reynolds
was given to the jury at three O'Clock yes
terday afternoon. Shortly after they brought
in verdict for the plaintiff. Damages
S2l. and costs
On the application of Henry Ballard.
Esq. OF counsel for the respondent, in the
case of State vs.. Mary Ann Woodruff. for
arson, the States Attorney entered a
mol pros.
The remainder OF the day was occupied
with the trial of Olive Armel vs.. d. O..
Noonan, apt. This is an action of special
assumpsit brought upon the promise by the
defendant to pay certain claim which
Geo. W. Field, Of Ferrisburgh, had against
the plaintiff in consideration that the plain
tiff would deed to the defendant certain
piece OF lald in Ferrisburgh. The land was
conveyed according to contract by the plain
tiff in February 1876. and this suit was in
stituted before justice and Judgment rem
dered for the plaintiff. Messrs. E. B. TAFT
and H. 5. Peck for the plaintiff r. IL.
Start and A. V. Spslding for the defendant
This is probably the last of the civil
causes to be tried at this term. If so the
criminal docket will be called this morning
THURSDAY, Oct. IL.
The case Of Armel vs. Noonsn was given
TO the Jury at eleven o'clock. yester day
morning In the afternoon they brought
in verdict for the plaintif-damages,
S46.l5. This was found to be. as was ex-
pected. the last OF the civil causes to be
tried by jury.
The remaining hour OF the morning SEES
sion was occupied in calling the criminal
docket.
States Attorney Palmer announced that
he had twenty ready for trial. several of
these, however. were continued by the
court, after hearing counsel for the re-
spondents.
After dinner, State vs.. Martin Clark, tor
selling intoxicating liquor, was tried, on
the conclusion of which the court took q
recess till this morning, when the remain
ing cases will be heard.