Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-04-06
CHITTENDEN COUNTY COURT.
Opening Ofthc Session.

c The regular April term Of Chittende
: County Court opened in thus city on Tue!
day, April Sd, Hon. Russell ). Taft presto
ing judge Hon. Ezra b. Andrews and IIor
james S. Plat assistant judges; Orman L
Ray. clerk Julius w. Russell, Stae'satol
ney Joseph Barton, sheriff; A. Austin. hig
ailiff; j. Il. Pembcr stcnographer. Tn
list of jurors we have already published
Court was then opened with prayer by Rev
Merritt llulburd, pastor Of the Methods
Episcopal church. Proclamation was the
made in the usual form aud the petit jur,
called
The jury calendar was thou called ant
seven of the fifteen cases upon it set 70
trial
Court then adjourned until . O'Clock, p
III.
Afternoon Session.
AT the opening Of the afternoon session
the first case taken up was that of Vernon
Z. Noyes and d. B. Smallcy VS.. c. NJ Rock.
wood and S. A. Spooncr. In 1877 defend.
ants purchased of plaintiffs parcel of real
estate in Nlonkton, giving in payment there
Tor IL notes aggrcgatlng $4,000 In course of
time defendants found themselves unable to
| pay the notes and plaintiffs forccos d on all
| OF them but one, for 500, for the amount of
which, and interest," suit is now brought.
The defence is a set-of and notice of dam
ages on contract w. L. Burnap for plain
tlifs; A. V. Spaulding for defendants.
Noyes and Sn,aIIcy VS.. lockwood and
SpOoner-lylcr VS.. Tyler.
The time of the court Wednesday forenoon
was taken up with the case of Noycs and
Smnllny ye J,ocl.wooJ onJ C,,o,or ,io
jury taking the case at noon.
AT the opening of the afternoon session
the case was taken up of Frank &. Tyler VS..
the Estate of Samuel Tyler of Essex June
ton This was a suit brought by plaintiff
to recover for services performed for his
father for the seven years following the for
mers attainment OF his majority. lie claims
that when he came of age he had an under
standing with bis father that he was to re-
main at home and work for him, his wages
to he twelve dollars month and his cloth
ing and that he never received anything
for his work besides his clothes In the
course of the seven years an old building
was bought for young Tyler's occupancy and
he turned in towards payment horse valued
at $3.50 and signed note with his father for
500 Subsequently the father wanted to
get of the note and persuaded the holder to
give 1t up and take in its place II note signed
by the young man alone, Mr.. Tyler, ST.,
giving to the latter horse. The young
man subsequently, paid the note.
The defence is that there was no under |
standing between the father and son tina, the |
latter was to be paid for his services He
was not regarded as n hired man. but as |
member OF the family. No account was |
kept OF the time he worked or of the money |
that was paid him. His wife was also taken |
in as a member of the family and also the
two or three children born to them and the |
family expenses were paid by Mr.. Tyler, Sr.
i lie house referred to was paid for 10y him,
too and finally u full and final settlement
was made of their affairs. young Tyler as
Stunning the payment of the $3.50 note and |
his father turning in horse as au induce
ment for MIN To do so.
l.: +. Wilbur and w, l.. Burnap for Frank
q. Tyler; NJ. A. Burnap and Hard Il Saf-
ford for estate of Samuel Tyler
In the case of Noyos aud Smalcy VS..
lockwood and Spooner, the jury brought in
4 vcrd ct of 1888 in favor OF the plaintiffs.