Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-03-15
Orange County supreme Court.

The court adjourned at ten o'clock Thursday
morning. But ten cases were heard by the court
out OF forty on the docket. Decisions were an
nounced in seven cases and three are retained for
consideration. In the case OF j. M Jones and
wife rs. Eli futile, which came up on the de
PENDANTS demurrer to the declaration for setting
up the wife as the meritorous cause of action the
pro tormd judgment of county court overriding
the demurrer was reversed and the judgment al
lowing the declaration to be amended was
affirmed. In State u.s. James J, Pratt, on informa-
ton for depositng or exposing paris green re-
spondents exceptions were sustained and the in
formation adjudged insufficient. In Archibald
Backup u.s. W. II. Hill, in which the county court
had held that declaration in general counts con-
tanning also count in assumpsit for rent could
not, on being referred, be amended by filing an
additional count for use and occupation, the SUI
preme court reversed the decision Of the county
court, and ordered judgment for the larger sum
reported by the referee. In State Us. Phillip De
Paris, the respondent took nothing by his excep-
tons and the case was remanded. In State u.s.
Harvey W. Spear ct al, which was a motion made
by bail Of Speare to be discharged from the recog-
nizance he entered into in February, 1881, to get
his principal out OF jail the reason for the de
cision being that the indictment found at June
term ensuing was not docketed with December
term 1881, the supreme court affirmed the judg-
ment OF county court denying the motion, first,
because the question could not be tried in this
manner, and secondly, because the failure of the
states attorney to enter and docket the indict-
ment at the June term was no discharge of respon-
| dents bail. II the bail wished to be discharged
he should surrender his principal in court accord.
| ing to the statute In Lewis Dickerman u.s. D. +
| Chapman, which was an action OF book account
the Judgment of county court was affirmed, dis.
allowing a two hundred dollar item which ap
peared upon plaintiffs book rs a judgment, de
| PENDANT having proved before the auditor that 9
| judgment was actually rendered some twenty
| five years ago, though the records were lost and
having shown also that there was no agreement
ever made to treat this judgment as part o.
plaintiffs book account against defendant. Ii
the case OF Lewis Clark, apt, rs. estate Of Davit
Clark, the judgment Of county court was reversed
with costs to the appellant, Sophronia c. Water
man. legatee and witness to the will being ad
judged to be entitled to the legacy given her by thu
| will, and Carrie A. Waterman, another witness
being adjudged not entitled to the legacy gvei
her by the will The last case on the docket is TIT
st. Johnsbury and Lake Champlain railroad com
pany rs. the Central Vermont railroad company
and Vermont and Canada railroad company,
petition brought by Judge Poland asking thu
court to appoint commissioners to readjust thu
the charges fixed by John C. Edwards, Paysor
Tucker and Charles Ii. Yeamans in April, 1873, t,
be charged to the Central Vermont railroad com
pany, for transporting freight and passenger
over the fourteen mile strip OF road from Swantor
to Rouses Point A cross petition was filed by the
Central Vermont railroad company by consent Of
counsel, agreeaby to certain stipulations written
thereon. Thomas Russell Of Boston, Edward W
Kinsley of Boston and II. NJ. Witter of Worcester
Mass, were appointed commissioners and or
dered to make their report to special term of the
supreme court appointed to be holden at Montpe-
lier on the second Tuesday in May and to act upon
the same.