Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-02-08

| INTERESTING LEGAL DECISIONS. AT tho
recent term of the Supreme Court, at Rut-
land, the following decisions of general in
terest were rendered In the case Of the
State against Helen Lincoln. for keeping a
nuisance. il was held tina. it was not
necessary to prove that liquor had been
sold in this saloon and that conviction for
selling did not interpo>e bar to prosecu-
ton urder the nuisance law. on the plea
that a person cannot be twice put 10 je0-
pardy for the same offence. for selling is
not a necessary part Of the Ohense OF keep
ing nuisance.
The suit in chancery brought by the Rut-
land railroad against the Central vermont
railroad, to determine which should pay the
taxes on the Rutland road, was decided in
favor of the lessee. The court held that
the taxes are no part of the operating eX-
penses of the road, and they must be paid
whether the road is operated or not. The
taxes on the Addison railroad. which is
leased to the Rrtand and with the Rutland
leased to the Central. must be paid By the
Central, as that company, in the contract
of lease, agrees to assume all liabilities 70
which the Rutland as lessee l. subject there
being an express provision that the Rutland
should paw the taxes
The case OF George Ii. Osborne against
Benjamin Stevens, as stated by Judge Pier
point, was a. follows: Mr.. Stevens had
farm, on which it was suspected there was
marble, which was suspected to be valua-
BILE. He made an agreement with Osborne
to gay him well If he would obtain pur-
chaser for the farm. Osborne had = friend.
Prof Newbury, whom he persuaded to buy
the farm. Newbury, relying upon the
statements OF his friend regarding it, was
deceived, and suffered a loss Of about Sl5,-
900, the price paid for the farm. After be-
ing guilty of this fraud upon his friend,
Osborne sued Stevens for his pay, and now
comes into court and tries to make the
court party to his fraud by affirming the
decision of Hon. John W. Stewart, referee,
giving him 81 900 a. his share OF the booty
obtained from Newbury. This, said Judge
Pierpoint, will not do. If. as the proverb
says, there is honor among thieves" o.
borne must settle this matter with Stevens
outside the court. To illustrate, said the
Judge. il lawyer had agreed with his
client to swindle a man and share the spolls
with him, the lawyer would be directed
henceforth TO carry on his business outside
the court. Such transactions are contrary
TO public policy and in their nature i'm
moral, and this court will not be made
party to them.
HAYES. the harness maker, secured
favorable decision against the Fire Associa-
ton of Phlladelphis for insurance on bis
stock burned in the opera house. 10 the
suit of Towle against Wilder, the practice
of New York creditors. in suing employees
of the Delaware and Hudson canal company
residing in New York and trusreeing the
corporation for their wages under the YER
mont law. was decided illegal. this being
the first case of the kind brought before the
Supreme Court In another suit two-year-
old colts were decided not to come under
the statute e1empting horses from attach
ment, and the suit of uolcomb againt
Dandy for injuries received upon the high
way while travelling on Sunday was decided
for the town.