St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1884-03-20

SOhE OF THE IMPORTANT AND NOVEL
DECISIONS FOUND IN THE ANNUAL
LAW REPORT.
The just published fifty fifth volume
of Vermont law reports contains sew
eral important and novel decisions
During the year the state supreme
court decided that respondent in IA
criminal trial is entitled to an appeal
if claimed within two hours, to the
county court from Judgment of a
justice of the peace, though he neglects
to give bond. 1t has been the practice
of Justices to refuse an appeal to re
spomdents unless they furnished bail.
In pauper cases it was decided that ii
list of 81 and continuous settlement
of five years in one town are necessary
to constitute legal settlement, and in
another case it was held that as dogs
were rated in the grand list ut 81 each,
they are ratable estate within the
meaning of the law.
\ locomotive fireman sued a railroad
company for damages for injuries sus-
tanned 10y "a defective culvert on his
employers property. The court dis
regarded an old ruling and decided in
favor of plaintiff, holding that the neg
ligence of the bridge builder and road
master in caring for the culvert was
the negligence of the defendent, and
that notice of the defective construc-
tiOn of the culvert-which it was CON
ceded was given to the bridge builder
and road master-was notice to the
defendant.
The question was raised as to wheth-
er Il female was liable in Vermont for
a debt contracted by her in Massachu-
setts while she was a wife. 1t was
conceded that under the laws of Mas
sachusetts she had the legal capacity
to bind herself to pay such indebted
ness, aud to carry on business. The
court held that the plaintiff could re-
cover, because "A law which is valid
where made, is valid everywhere, and
the contract of married woman, made
in another state, and valid there, is
valid here.
A defendant mOrtgaged his farm to
an insurance company for Sl1 900.
The mortgage notes became overdue,
and the defendant chattel-
to secure IA further overdue indebted
ness of $4,000, among other things,
''all the grass and oats and corn now
growing on 23O acres of said farm"
Later, Il deputy sheriff served writ
upon the defendant in favor of third
parties, and attached the hay and oats
which had been chattel- -mortgaged to
the insurance company, and which at
that time were stored in the barn; but
between the service of this writ and
the issuing of the execution thereupOn
the insurance company had disposed
of the oats and hay. The court de-
cided the mOrtgagOr of a farm, in pos
session and after condition broken,
may make a valid chattel mortgage of
the growing grass thereon, which is
superior to the lien acquired by an
other creditors subsequent attachment.
Another female defendant, while she
was married woman and owner in
her own right of a farm, borrowed
some money for the improvement of
her separate estate, and executed and
delivered her prOmssory note therefor.
When the plaintiff brought suit she
endeavOred to avoid payment by set
ting up that her note was void because
she gave it when she was IA married
woman. Judge Redtield declared that
"Chief Justice Shaw of Massachusetts,
speaking OF the legal condition of
married woman under the common
law, said "a man and his wife were one,
and that one is the husband But it
is now known and recognized that
man and his wife are two, and often
the important parsonage of the two Is
the wife. Aud it is not a fortunate.
nor, as we think, strictly correct use
OF the language to say that contracts
of married women are void" The case
was decided in favor of the plaintiff
The court held in another case that
an insurance contract made by for
eign insurance company in this state,
before it has complied with the statute
of this state, and obtained Il license,
filed a copy of its bylaws with the
secretary of state, and become respOn-
sible for the acts and neglects of it,
agents, is void.