The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-03-26
Washington County Court.

washington county COurt.
H. 0. Camp vs.. L. w. Scot.-This case was |
fully reported In last weeks WATcBMAN. A |
verdict for SO damages was returned for the |
plaintiff, who made a motion for full GER
tficate. This motion, IL granted by the court, |
will give the plaintiff full costs, but II denied
the plaintiff will recover only 50 COSTS Ex
ceptions were taken by both parties w. A. & |
o. B. Boyce and c. H. Heath for plaintiff G.
w. Wing and r. W. Bisbee for defendant.
Charles d. S,oaSey (by ne1t friend vs. James
Cook.-Ths was an action Of trespass for as
sault and battery The defendant pleaded the
general issue OF not guilty, and also pleaded
tender of amends, under section ,450, Re-
vised Laws, which provides that In cases of
claims for damages for act or neglect OF
town, corporation, officer, or other person, they
may tender money In amends to the plaintiff
and II the plaintiff refuses said tender OF
amends and RECEIVERS no greater sum on trial
than the tender, he shall recover no costs after
such tender; but the defendant shall recover
his costs, in the discretion OF the court, in such
case, II, in the opinion OF the court, the defend
ant acted In good faith in the matter COM
planned Of This plea was answered by repli-
cation, admitting the tender but denying that
the amount was sufficient. 1t appeared that
there had been some trouble at school be-
tween the plaintiff and the defendants son,
and that when the plaintiff. with other schol-
ars, was on his way home from school,
! the defendant came out from his house, ac-
costed the boys and had some talk with the
plaintiff about the abuse of his son by the
| plaintiff at schC OIL The plaintiff denied hav-
| ing hurt defendants son, and also denied all
| knowledge of a lost pocket-handkerchief, which
| defendants son claimed plaintiff had. There
| was some further talk, in which the plaintiff
said defendants son would lie 80 no one could
| tell anything by what he said, and ended by
calling defendant a liar whereupon the de-
| fendant struck the plaintiff, as defendant
claimed, with his open hand, but as plain
tiff claimed, with his fist, on the plaintiff s
face 1t was not very hard blow, as 1t
| did not knock the plaintiff over or out of
| his tracks Before the commencement Of
this suit there was town grand juror 8
complaint issued against the plaintiff for as
saulting defendants son at school, and against
the defendant for the assault in issue in this
case. Both parties we're fined on those COM
plants, and there the matter ought to have
rested instead of being dragged into the
county court, 1t being nothing but school-boy g
row. The most laughable part of the case was
in regard to the pleadings, which were really
addressed to the court, asking it to adjudge
that the defendant acted in good faith when he
struck the plaintiff. The amount of the tender
was eight dollars, and although the court
charged the jury that the plea of tender OF
amends was matter for the court, with which
they had nothing whatever to do, yet the jury
misunderstood the charge and supposed (un'
less they found more damages than the amount
of the tender that the defendant would re
cover his costs. So they found for the plaintiff
to recover 50 damages, when, If there hat
been no plea of tender in the case the verdic
would have been merely nominal, as it wal
only technical assault, with no damages
> This case illustrates the beauties of specia
} pleading in unskillful hands. c. H. Heath TO
: plaintiff T. r. Gordon for defendant
School District No 13. Waterbury,, Appellan
: vs.. Joseph Harvey This was an action on tn
case founded on section 4, 152, Revised Laws
90 tbn Iafn dan to- %hax ,l;no
tion Of the district funds while he held tn
office of treasurer. E F. Palmer attorney 70
the district, made statement OF what facts h
: expected to be able to prove, as follows: Sey
I eral years ago said district, having elected tn
3 defendants father prudential committee, vote
( to instruct said committee to hire femal
teacher for the winter term of school; that tn
committee did hire a female teacher, who fo
some reason soon left, and the committee the
hired his son (the defendant) to teach tn
}, school, which he did, and his father gave hir
an order on the district treasurer for the pay
D ment of his services; that the district held
: meeting and repudiated the action OF their con
= mittee, and voted to instruct their treasure
o not to pay the order for the defendant
It services Thus things were situated for fe
. years, when the defendant was elected trea
u , urer of the district, and he then proceeded
!, pay his own order, whereupon the distr
u brought this suit. The defendants couns'
= claimed that, admitting all these facts to
v true, it disclosed no cause Of action. tt
'i court so ruled and ordered the jury to retul
a verdict for the defendant on the statement
81 Z made by Mr.. Palmer. Exceptions by plaintiff
D w. p Dillingham; and E, F. Palmer for plain
at iffi ) c. F. Clough and G. W. Wing for deiendan
N N Northfeld Savings Bank vs. Ellis and Sa
a derS, appellants. This was an action of ge
O. a era and special assumpsit to recover not
: payable to said bank, for the sum of S25, sign,
10 J by the defendants, Charles L. Ellis and Jon;
no G. Sanders. Ellis made no defense to sa
Ia note but Sanders denied signing the not
a Ellis, called as witness for the bank, testitit
q that he was anxious to raise some money fro
NJ the bank, and that he obtained blank note
ID ID the bank had it dated and filled out by Il
10 cashier, and carried it to his uncle, C. L. Ellis,
~ obtain his signature; that his uncle told hi
- he would sign if he would get Sanders to si
it also; that after this he carried the note
Sanders, who was at work In the field tn
'rt Sanders signed the note with lead-penc
Id | that he then carried the note to his uncle
k, his signature, but that his uncle then object
" to signing the note because Sanders name W
wv in pencil; Ellis then went back to Mr.. Sandt
N | carrying a bottle of red ink into the fiel(
W. rubbed out the pencil mark, and Sanders tn
le- signed the note with red ink; that he then c,
or ried the note to the bank and got his mont
m Sanders admitted signing note in pencil, t
lit squarely denied ever signing this note with I
zee ink. The shade Of the ink was bright carmil
he the same shade as the number on the no
II. which was admitted to have been done at I
he bank. Verdict for the defendant After
.. verdict, the plaintiff moved for leave to Pile
at to the Jurisdiction of the court. 1t appes
-. that this suit was originally brought befor,
at justice of the peace, when the bank obtain
wn judgment Sanders appealed, but did
gg make and file any affidavit setting forth Il
.st he had good defense to said action, as
of quired by section 1,06l, Revised Laws VIII
a the action Is an action on note for sum
,er exceeding $40. No objection was made, a
dy so the case came up to county court 1t
,k- been on the docket two terms, has been tr
asst by jury, resulting in a verdict for the def
dant, and now the plaintiff for the first ii
objects to the Jurisdiction The defends
,o, claims that il there was ever any necessity
','n Un an affidavit which he denies, rs the dd damn
n ~ of the suit was $50, the jurisdiction has bt
,as waived by the appearance and trial of
ia1 ai case by the plaintiff. The case will undou
,on edly pass to the supreme court on this gu
,,ta tion. G. NJ. Fisk and j. A. Wing for plaint
,S ,,so S. Stanton and j. n. johnson for defenda
uo This case closed the calendar of civil cas-
~ and the court excused the jury until Mond
30 20 at two o'clock. Meanwhile the court attend
e. to the calling OF the docket, hearing of l
G,oS G tions and divorce and court cases.
mes Hiram NJ Bruce vs.. Cyrus Broom
win was petition under section LAPS, Revl
ing Laws, relating to the granting OF appeals wi
yed party has been deprived of his day in cot
ers or has been prevented from entering an app
IL a by fraud, accident or mistake. The petitio
the in this case claimed that at a justice col
lies held in Worcester, in which he WAS defend