The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1881-12-16

ADDISON COUNTY COURT.-The De-
cember term of court began last Tues
day morning at half past ten O'Clock.
Judge Homer Z. Royce presided, with
Assistant Judges Wicker and Sollace
and the other officers Of the court pres
ent as usual. After prayer by by Rev.
S. l.. B. Speare, the ceurt was duly
opened by Sheriff Dunsnee.
The following petit jurors were
sworn in:
Bridport- II. C. Burwell, G. z.
Walker.
Cornwall-H. Warner, P. N. Cobb,
Ira l.. Hamblin, Z. E. Jones.
Lincoln-A. G. Merrill, Green NJ,
Page.
Middlebury-S. S. Severance, o. P.
Lee, Peter Goodrich, G. c. Cady, IL
ID. Maynard.
Orwell-R. c. Brown, Geo. Thomas,
Judah Carter, s. l.. Stevens, John
Hall.
Starksboro-L. e. Atwood.
Vergennes-O. G. Dalrymple.
Waltham-H. S. Jackman, +. A
Barton, James Sneden.
Weybridge-E. w. Miller, John A
James, Thomas j. Woodwork.
Several others drawn were excused.
The docket being called, but two
cases stood for trial. One of these was
p Bristol, apt, VS.. A. j. Eastman
Assumpsit. The plaintiffs declaration
contained count for use and occupa.
ton of a house by the defendant, which
was not in the original declaration be.
fore the Justice, but had been added by
permission of the justice and against
the objection of the defendant. The
record for the county court countained
no statement of these facts, but read as
though the original declaration con
tanned count for use and occupation
The defendants counsel desired the
record amended to state the facts as
they were, but the death of the justice
which had since occurred rendered thii
impossible. The plaintiffs attorney
consented to sign written statement
that the count In question was added
at the justice trial against the defend
ant's objections. At this point Gov
Stewart, who assisted in the defence
objected to going into it on the ground
that the Justice erred in allowing the
amended declaration to be filed, be-
cause it presented different cause o.
action from the original declaration
The court sustained the point, and thu
trial ended. An appeal is made to thu
supreme court to pass upon this ruling
of the court. II. H. Mardin for plain
tiff; w. w. Rider for defendant. The
other case was not tried.
At ten O'Clock Wednesday the Jurors
were discharged. Miscellaneous bust
ness occupied the rest of the day.
The following divorces were grant
ed Thursday:
Julia Goodrich VS.. Julius Goodrich
for desertion. Libellant may resume
her maiden name.
Eliza Fay vs.. Walter Fay, for intol
cradle severity. Parties from Eas
Middlebury. Libellant may resume
her maiden name.
Myron j. Kelsey VS.. Ella M. Kelsey
for desertion. Parties from Lescester
The following court cases were de
cided:
j r. Ford VS.. Robert Steele. Eject
ment. Judgment for the plaintiff fol
81, and seizin and possession declared
upon exceptions. Execution stayed
and case passes to supreme court.
Il. w. Fletcher VS.. George A. Moore
Cause for suit of clothes. Defence put
in plea of infancy. Judgment fol
plaintiff for S28, interest and costs.
Rector Gage ct al. VS.. Town of AID
Olson. Discontinuance of highway
allowed by commissioners report
Judgment in accordance with that re
port.
The court will adjourn to-day.