Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-04-01
FRIDAY MORNING, APRIL 1, 1881.


Inc Law OF tne Land
yErMoyr EFFORTS, VOLUME 50 SOME INTER
EsTING DECISIONS.
Volume tifty-two of Vermont reports, just
published, contains at least the usual number
of important and interesting decisions.
Among the cases decided at the general term
are the Bank vs. Mount Tabor, Poland, trus-
tee, VS.. the railroad company, and State VS..
Harris, all Of which have heretofore Leen
commented on at some length in this paper
In the first OF these, the town of Mount Ia
Dor, it will be recollected, unsuccessfully re-
sisted the payment of interest on certain of
its bonds. From the judgment of the court,
however. Judges Barrett and Powers dis
scented. Poland VS.. the railroad company is
in brief the title of a many sided chancery
case, which was chiefly notable for the pro-
lection afforded by its decision to the claims
against the Lanioile Valley railroad of Ia
borers and persons who had furnished the
road with materials and supplies. The opin
ion was delivered by Judge Powers State
vs.. Harris. Bennington case, was petition
for writ of quo ,earranto. Two other like
petitions were heard with it, the result being
that the acting board Of officers of the village
of bennington were declared never to have
been elected. The case is an interesting
| commentary on the local politics of the COM
munity in question: and the opinion is in
Judge Barrctt's best vein.
Or the cases heard in this county, the most
Interesting at the time OF its decision was Rey
noids vs. Huntington. II was generally felt
somewhat more uniaVorabiY TO claimants ior
damages Than had been done IN earlier de
eislons. The case has IN great measure
lost Its Importance and interest, however,
IN consequence oil the repeal by Inc iasi Leg
islature OF the law under which 1t was
brought AMI the same may be said OF other
highway cases reported IN this volume In
o'oue''u vs.. hioou' the court ueciues 'hat
pie before involving his owner IN ilaniii'y'
In NiiA vs. Whlte, they hoid That II Is mol
auihissloie In an acti'n on note 10 SNOW
that by mistake The note was given Tor 100
iiiuch' "oou"orth VS. McdoVerh turheu
upon 'ne 'aiuity OIL an award assigheu ne
lore Tue award was male 10 one "i
'he u'oi''a'ofs VINO WIS 10 ia 'iie aii'"uh'
oi Inc a"aru' Inc court iouh" no
uiiiculy III reaching lhe CONCLUSION 'iia' Tue
award was apsoiuleiY 'olu' III Inc criihiha'
case oil state vs.. 'hsmpeau' the main ques-
'ioh was Us 10 whether "'''s P'"s'q"f IL per-
n'itteu In mo course OIL triai operates ~
bar 10 second trai Tor The same onehce'
Inc opinion oil the court was not read al The
lime OF the disposition oil Inc case ana hence
the reported decision has especial interest.
II Is declared TO DC the law OF Vermont
That nol'e pf0sfqa entered at any stage oil
trial before verdict by order oil the court
Is mol Oar 10 another Indictment ior 'he
SALINE oiehce' ihis case aiso Drought Ill IT,
vie" 'he revised metiou oil drawing "rahu
Jurors winch mas prevailed mofe OF less
eA'ensi'eiS'' III 'his county ine e"ui' no'u
that the irfegnhriiy OF the method Is ho'
SUCH rs 10 Vltiate AL indiclmeh'' pu' 10 NOT
on the whole recommend 1t. They say III
seems to have been an attempted improve
ment on the statutory method. The Officers
engaged In It will serve the public better by
adherlng to the statutes IN the discharge oil
this public duty, than by deviafions there
from win vie" 10 Improvement OF Will
any other view.
one or TWO cases when arose III 'lher
counties unuer Inc ilquor Ia" are mol Will
out interest. In Graves vs. Hanfer, hut
land case, the plaintlff, druggist proved an
account OF nearly three hundred doi'ars
against the deiehuah'' Dull IL was ALSO proved
that some part OF II was 'of intoxicating
liquor, and The plaintiff was unable to show
how much. having charged the liauor simply as
...,ool.,, o. ..r,oa;o;,. !" rho oa,r, hold tho,
soou' VI ''0'''e'ne' -. s'' "|,N ,''
the burden was on the plaintin 10 establish
the validity Of each item OF his account, and
ro,,or,5 i,,5,,r,a,, so- tho defendant IN r.-
-. ~, =;
cover Ills COSTS IN o'a'c w. 'a'is' ID