Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-02-22

boro instead Of Ncwfane. closing on Friday
last. The following cases were heard
Brigham T. Phelps ~. Silds q. HubJdrd IT,
This was nm action of assumpst to recover the
price of lot of tobacco purchased by the de- |
PENDANT. The County Court rendered iudg- |
ment for the plaintiff for the sum of SG755j.
II was claimed for the defence that the facts |
found in the case did not warrant judgment |
for plaintiff for so large Il sum, if for any |
thing. The judgment of County Court was |
affirmed
John &. Tylcr rs. JOhH HuHt-Ths case |
was tried by jury in the County Court and |
under the charge of the court verdict was |
rendered for the defendant. Exceptions were |
taken to the rulings of the County Court and |
it was claimed that an error had been COM |
mitted in the instructions to the jury in rcla-
ton to the burden of proof. judgment of |
County Court reversed and cause remanded |
for a new trial
DaHiei Il. NOurm cA Martin u. LdUrtHce.
This was petition for new trial upon the
ground Of newly discovered evidence, but it
appeared that the party knew of the evidence
before and prepared similar petition to the
AOunlD AbuIl NIltll WIS ttllltNs L tNlAlbh
dismissed with costs
JohH l.. Ray Is EugeHe IT, 7ajbs. This
was an action of general assumpsit to recover
for promissory note. The case was referred
and the report of the referee showed that de
PENDANT hired horse of plaintiff and drove
the same further than the plaintiff understood
that he was to drive him, and that the horse
died in consequence Of being oyer-Griyen.
The defendant gave his note to plaintiff to
settle this transaction when minor, and it
was claimed that infancy was good defence
to this note. The County Court rendered
judgment for plaintiff for Sl5s -. This
judgment was affirmed
Syicdnus e. Toner 2. DaRiel d VajilUs CUt-
ting. County Court rendered judgment
for plaintiff on verdict for 500 80. This
Judgment was affirmed without argument.
Priest d H0ltoa rs Jdrcis r. Burro,rs ES-
tate The plaintiffs claimed payment Of Il
note, which the estate showed was given for
Intoxicating liquor. Judgment of County
Court for deft. affirmed.
Joint ScAo0l district cs H. s. Wheeiock It
Judgment of County Court for defend
ants affirmed without argument
State Is. Je,se H. Le,rh This cause was
continued on account Of illness of respondent.
Louis0 TromJhy et ais rs. ". h. NUtudl
Life Associotion. The County Court render
ed Judgment on verdict for plaintiffs for
Sll2i 80. \ petition for new trial was
made to the Supreme Court on the ground of
newly discovered evidence, which petition
was granted
NothaH u. UiiistoH cs. Parker b. Fran
cs.-Judgmcnt of County Court for plaintiff
was affirmed.
.Jaco6 Est,y rs JohH e. 7gkr.-Judginent
of County Court for plaintiff for SIS y was
affirmed without argument.
Charles 4. BaiOu rs. Chrk d chapman
Nachine Co-Judgment of County Court for
S4iG was affirmed
OrrjH H. Whitman r.. Le'od e. LoceH-
The County Court rendered Judgment for de-
PENDANT. The case was heard and is with the
| court.
Nqyes Strtet,r c,. Gmtord. The County
Court rendered judgment for defendant on
account of the insuiiciency of the notice in
which plaintiff claimed damages of Guilford
for injuries received upon the highway. Judg-
mcnt affirmed.
| Royai .NahkeH e. Chds. h. HVbjdrds Es.
This cause was heard and is with the court,
| no decision having as yet been made
| harris brothers rs. lSilds w. Wdite.-There
were two cases tried together between these
parties. The claim was for gas metres which
the defendant claimed were defective. Judg
ment of County Court for plaintiffs was af-
| tirmed.
T0,rn IF Dorer Is. .SiH,eoH /. lIheeler.-
In this case it appeared that the state Board
of Charities in Massachusetts directed the de
| PENDANT. who was in their employ, to remove
pauper belonging to the town Of Dover to
said town. The defendant fulfilled said in
structions and was arrested 10y the authorities
of Dover for having violated the statute pro
hbiting the transportation of paupers into
towns in this State. The plaintiff town claim
ed that defendant was liable to the penalty
fixed by the statute and for the future sup
port of the pauper. 1t was claimed IN de-
! fence that reasonable construction of the
statute would not render the defendant LA
bic that the statute did not mean to prohibit
persons from taking paupers to their place of
legal settlement, but to towns where they had
no legal settlement. This case is with the
court,
Norman H. Fdrr, executor rs. Ddnjei
LocIgcood Judgment of County Court af-
firmed without argument
SchUyisr Huri0ck administrator rs INN,
id j. HjckS.-Judgment of County Court foI
plaintiff affirmed.
Marshall Lo, Is. sci 5. SteJJjHs. -Judg,
ment of County Court for plaintiff affirmed.
To,rH Of Jamaicd Is. Le,cis ". Hart
Judgment of County Court for plaintiff af
firmed.
State cs. Sidney H. JOHeS.-m this cause il
was claimed in behalf of the respondent that
the County Court admitted evidence about
two previous fires in Windham which had 1
tendency in the minds of the jury to convic
him of the crime with which lie was charged
especially as the court would not allow the re
spondent to show that he had no connection
with those two fires. 1t it was claimed in be
half of the State that this evidence was admit
ted only to show that the fire which Jone
was accused Of setting was an incendiary fire
Case remanded for new trial.
Frazier IT, Goo,IeH rs. Chas c. GoodeH-
This was bill in chancery TO set aside al
award of arbitrators, to whom the parties has
submitted their matters in controversy. Tn
case is with the court.
OpLfkid J.. SROio cs. Ddlud Carpenter {
DaHid g. Carpenter This was an action t,
recover damages occasioned by the sale o
liquor. In the County Court the plaintiff re
covered S2OOS IS. The case was heard an
is with the court.
} VIM. BURY It ais, cS. r. 4. george u al
This case involves the question as to whetl
er the town of Rockingham can make n me-
$ district out of several existing districts, witt
) out the consent of said districts, and whethC
= the town can unite said districts into a unio