Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-05-03
Chittenden County Court. April Term.


HON. JOHN PIERPoINT, PRESIDING JUDGE.
H Hos 4. B. d HaIssE A,si,tant Judges.
c. S. PALMER States Attorney.
A. J. HOWARD, Clerk.
L. A. DREW, Sheriff.
MONDAY, April 90.
At the opening of the court on Saturday,
Judgment was allowed to be entered in
favor of the plaintiff in the case of Fairchild
VS.. Ashley and Howard.
The next case was that of Hotchkiss VS..
Ashley. This was also an action of re-
plevin for certain property which was at
tached by the defendant as the property
of one Austin, of Milton, the plaintiff claim
ing the property as his. j. S. Upper, G.
W. Writer'S and R. Ii. Start for plaintiff;
D. c. Furman, W. l.. Burnap and q. A.
Ballard for defendant.
The court WAS adjourned to two O'Clock
this afternoon.
FRIDAY. April &c.
Nearly the entire day, yesterday, was
taken up with the concluding arguments OF
Daniel Roberts and Z. R. Hard in favor OF
the defendant and plaintiff. respectively, in
the case of Hathaway vs.. Drew. The
charge of the court was very full and was
not concluded until after six o'clock. The
large audience which has attended the trial
lTDHl luO ohOVSu sChS.o'
interest of the public in the case. AT half
past eight o'clock in the evening the jury
| came in with verdict In favor of the plain
tiff for Si01 SIS and costs. We understand
| that the case will be carried to the Supreme
| Court on exceptions.
The first case marked for trial. this morn
ming, is that of Robert r. Stewart, sp zee VS..
Ii. P, Martin apt. This is an action in trover
| for a note. The facts involved, we under
stand to be briefly these: The plaintiff sold
| a horse to the defendant in consideration oil
| a woke of oxen, but without disclosing that
| a lien existed upon the animal. A soon as
| the defendant asccrtained this fact he re-
turned the horse to the plaintiff and de-
mandeI his oxen. An arrangement was
then made between the parties, whereby the
defendant gave his note for the purchase,
and this understanding the plaintiff claims
was that if he discharged the lien on the
| horse the original trade for the oxen was to
remain. The lien was so DISCHARGED and the
note in question was demanded The de-
sendant claims that the original trade was
rescinded, and that tho note given Tor the
oxen was bona .fde one and represented
| the amount of the present Indebtedness. +.
Soule and H. Ballard, for the plaintiff: +.
r Hard and G. s Palmer, for the defend
ant.
SATURDAY, April 81.
The case Of Stewart vs.. Martin was given
to the jury at four o'clock. yesterday after
noon. An hour later they brought in a YER
dict Of one cent damages for the plain
tiff.
The case of Heman Fairchild vs.. George
Ashley and George Howard ia now being
tried. This is an action of replevin for
hogs which were leased with the plaintiff
farm, in Milton. to one James Smith. Inc
animals were subsequently sold by Smith to
defendants On the day OF the sale, Smith
abandoned the farm and left the country.
and has never since been heard from. The
defendants claim that under the lease the
lessee had right to dispose OF the hogs pro-
vided he returned like number at the end
of the year. w. Writer'S for plaintiff;
W. l.. Burnap for defendants.