Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-01-11
Burnap for orator; R. II. Start and R. s

DuThap IOr orator; ; X. Ii. Start and k.
Tait Tor defendants
The remaining eases on the docket wer
heard to-day. They were the following
Ripley Il Holton vs. Hills 4 Bowers. Tn
Il an action of assnmpslt for rent Of tn
premises which the defendants oecupie
under lease which the plaintiffs execute
to one Styles. and under which lease tn
defendants went into possession of tn
premises. The two questions in the case
were: First, Whether the action brough
should have been covenant or assumpsit
second, Whether the defendants were lisbl
as sub-tenaEts to the plaintiffs j. W
Russell and ii. Ballard for plaintiffs E. r
Hard Tor defendants.
Luclus BigelOw VS.. Henry ". Catlin
This Is an action of general assumpsit
Pleas ; general issue statute of Limitation
and payment. The defendant was trustee
under the will of Mary NJ Catlin, his wife
and on July 25, 1870, Ii. G. Catln. one o
the legatees under the will executed an ordel
to the trustee to pay the plaintiff $500
from his share in said estate, which ordel
the defendant accepted to be deducted out
OF the proceeds of the estate This order
was passed to the plaintiff, he paying the
full amount specified and he has never beer
paid. In February, 1877, the plaintiff made
as late as April IS. 1877, funds belonging to
said II. q. Catlin's share in said estate.
| Upon defendants refusal to pay the claim,
this suit was brought. The only point in
yOlved Is the statute of limitations, the
plaintiff claiming that this was a. assign
ment OF trust funds to which the statute
does not apply, while the defendant claims
that it was personal obligation. A. G.
Stafford and E. K. Hard for plaintiff; Ii
Ballard for defendant.
State W. W. F. Paige. This is q COM
plant under the Nuisance Ac, for keeping
intoxicating liquors on hand with intent to
sell the same without authority. A quan-
tity of liquors were found in the barroom
OF the respondent. and the evidence in the
City Court. where 1t was tried was that the
place was a barroom and the liquors found
were intoxicating. No evidence was intro
duced to show that salG barroom was a
place ot public resort except as above stat
ed. IL was claimed on behalf of the State
that Il grocery, saloon, billiard and h.rroOm
and other places specifically set forth in the
Nuisance Act were per Sc places of public
re~or'. and need 70. be proved ssyqc!b. The
respondent claimed that all places where
liquors are kept Tor unlawful sale, unGer
the act must be shown to be places of public
resort. States Attorn.y C. 5. Palmer for
the State; E. R. Hard for the respond
ent
State vs. Leonard Love, is a complaint
Tor selling intoxicating liquors under chap.
"a OF q. s., upon which respondent was
found guilty of tive second offences and
tntd $40 and costs. The case comes to this
couIt on demurrer IN which it Is claimed
that the record of previous convictions was
not properly alleged. States Attorney q.
). Palmer for the State; s H. Davis for re-
spOndent
On the conclusion OF the hearings the
court took recess until hais-past four
o'clock, when they delivered the opinions
which they had prepared after which the
court was adjourned sine die.
SATURDAY.. Jan. 5.
The following disposition was made of the
eases on the docket of the January term of
the Supreme Court. which concluded its
session last evening.
Charles BostwicK -. George X. Brown.
Demurrer of defendant oyer-rulod. Plea
adiudged sufficient Judgment reversed
pro tOrWa with leave to plaintiff to replead
Opinion by Judge Royce
Antoine Livigne vs. VIM. NJ Naramore
ct al. Decree of the Court of Cbancery, in
favor Of orator. affirmed, aud the cause re-
manded. Opinion by Judge Royce.
Riplv lloiton W. Hills 4 Bowers. judg
ment Of City Court, for plaintiffs, reversed,
and judgment rendered for defendants
Oninion by Judge Royce.
Tuf and Paul Leciair w. s L. REYNOLDS
~ Co. Petition dismissed without costs to
either party. Opinion by Judge Red6eld
State vs. Henry Shcrtslcevcs apt Judg-
ment that respondent take nothing by his
q v
a fine of $50 and costs. The two main
rooms described in the complaint adjudsed
a common nuisance and ordered to be
abated. Opinion by Judge Redfield
State W. ". F. Paige. Exceptions by
respondent sustained, judgment of City
Court reversed. Respondent not guilty and
discharged. Opinion by Judge Redfeld
Thomas Mix vs.. Hiram Sbattuck, ct ais
j Judgment of the County Court IN favor of
plaintiff. affirmed Opinion by Judge Ross.
State rs. Leonard Love. apt. Exceptions
by respondent sustained. Judgment re-
versed pro iOrma. Respondent pleads guilty
to one first offence, and sentenced to pay
fine OF $40 and costs of prosecution. Opin-
ion by Judge Ross.
fowE of Essex vs.. Lncien W French, ct
ais. Judgment of county cJurt, in favor of
plaintiff, affirmed. Opinion by Judge Ross
Ashley and Howard apt's ". Francis Me-
Mullln, ap'ce. Judgment of the county
court, for defendant, affirmed. Opinion by
Judge Ross.
Cornelius S. Palmer spec vs.. Sam
uel Tyler, apt. Judgment Of county
court. tor defendant, affirmed. Opinion by
Judge DuntDn.
Olive Armel. sp'ee VS. Daniel o.
Nuonan. apt. Judgment of county court,
tor plaintiff. affirmed. Opinion by Judge
Dunt0n.
The following seven cases, which were
heard at this term. remain with the court
or further consideration Jeremiah Flynn |
IS. Samuel NJ. ST. john; Lucius A. jackson
IS. Charles l.. Jack 'on; Henry c. Hayden |
-. Lyman A. Hill ct al : Z. o. Pettengiil, |
" next friend, apee. vs.. o. n. Ekins;
oliver S1Uoner ct ux. apees. Vs. & W. |
Reynolds apt LucIu> BigelOw W. Henry !
". Catlin; Nash x Wardlow vs. John ". |
Kelly ct all.
The following were continued: MethO- |
list EpE copal Society OF Shelburn vs.. |
Elijah Lake AMI TRUSTEE Leet A Bishop |
-. George II. Brown; State vs.. Peter King;
'ohn Ii. Cheever v. Christopher Meyer |
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