News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1884-05-08
COUNTY COURT,

appeal from commissioners. 1t ar
peared that the Pltf. some time sine
put into Benjamin's hands $3.50 to st
cure him for becoming bail for he
father in a suit against one Capt. Lit
ties estate. The suit was finally sci
tied with no loss to bail and this sui
was brought 10 recover the $3.50 AM
interest. The defence was an at
tempted impeachment of +. T. Bridge
man, Plff's. father, and the improba
bility under the facts shown in evi
dence of Benjamin's ever having hat
the money. Verdict for Plff. to re
cover 1925. "a damages and costs, ant
Judgment was rendered accordingly
with exceptions by Dett. j. c. Burke
and Brigham & Mcfarland for Plff.
p. K. Gleed and r. F. Parker 70
Deft. estate.
The next case in order assigned fol-
trial was John II. Amadon VS.. Free
mont Bowen; action replevin for two
or three head of stock which the Deft
Bowen had impounded. Suit was set
tied without trial, each party paying
his own costs. This leaves the STOCK
in the owner, Amadon's hands, and is
practically a victory for him, as he
could only have recovered his costs
and nominal damages if successful in
verdict. Brigham & Mcfarland fol
Plff.; p. X. Gleed and L. J.. Boynton
for Deft.
Following this was the case, Andrew
Fletcher VS.. Norris G.. Raymore. This
was also an action of replevin, brought
against the Def, as Deputy Sheriff,
for mare and colt attached and taken
on execution, in favor of Eli I. Hol-
brook of Milton. 1t appeared in evil
dence that some years since, Andrew
Fletcher bought farm in Cambridge,
together with the stock and tools
thereon, and on same day leased same
to his son, A. C. Fletcher. In this
lease, which was claimed to be pro-
perly a conditional sale, the Plff.
obligated himself, on the payment
of certain Indebtedness and the per-
Torrance of certain covenants and
stipulations set forth in said lease or
sale by his son, A. c. Fletcher, to
deed and transfer the said property to
him. The said instrument provided
that the Plff. should hold as his
property the farm, the produce OF the
same, and all stock and tools upon
the place at the time of the lease or
thereafter to be put thereon until the
payment of said Indebtedness and the
performance of said covenants. 1t
appeared in evidence that the mare in
question was purchased with the pro-
ceeds of the farm under the approval of
Plff. Andrew Fletcher. The defence
claimed that the lease Was simply a
cover to keep A. C. Fletcher's proper
ty from the reach of his creditors.
Verdict for the Deft. to recover NOM
inal damages and his costs. Brigham
& Mcfarland and j. G. Burke for
Plff. and P. X. Gleed for Deft.
The case next in order was Patrick
Gillen vs.. Calvin E. Foss. Action,
trespass to the person, This case
was settled without trial. Brigham &
Mcfarland for PIff. and I. j .Boynton
for Deft.
Following this was the case, Nor
man S. Adams VS.. Herman Hayford,
Apt. Action, trespass on the case for
distraining and selling Plffs. properly.
The Deit. attempted to justify as col
lector of school district No. in Eden.
The suit was originally brought to
test the construction of Sec. 557, Re-
vised Laws, but it appearing on trial
that the collector had never been
sworn, this was held to be fatal de-
feet under case, Houston VS.. Russell,
reported in SD VT, and verdict was
ordered for Deft. to recover S3S.27,
interest on same and his costs. Judg-
ment was rendered accordingly, with
exceptions by Plf. Brigham & Nc
Farland for Plf, and j. G. Burke for
Deft.
John McGookin, Aplt., VS.. White
& Whittemore, was the next case.
This was an action in which trespass
and trover was joined for q quantity
of lumber. 1t apphared in evidence
that the Plff. owned the provisionary
interest in a certain piece of timber
land in Eden. 1t also appeared thai
one Chas. Branuan, son of james
Brannau, who had the life estate, haC
CUT 1892 feet of logs on said LAND
and sold same to the Defts., to re-
cover the stumpage value of which this
suit was brought. The Defts. adj
mitted the cutting, and that the cut
ting was waste, but defended on thu
ground of an estoppel. Verdict TO
Defts. to recover their costs. Brig
ham & Mcfarland appeared for Plff.
and J. C.. Burke for Defts.
Next came the last of the civi
cases. Rominer L. Fairbanks VS.. So
phia L. Preston, Aplt. This was al
action of trespass. Plf's. evidenc
tended to show that he once lent on
Jacob Godfrey wagon, and after
wards, in 1877, authorized him t
trade same for another wagon, whic
was to be and remain the property c
Fairbanks. 1t further appeared tina
in 1879 Godfrey bought the last WACO
of Fairbanks and gave his note fo
same, secured by mortgage on th
wagon and some other persona
property. The Deft. showed thu
before the giving of the mortgag
to Fairbanks Godfrey had Away
claimed and treated the wagon as hi
property, and that before the givin
said mortgage he had actually sol
and delivered the wagon to Deft. an
received his pay therefore. Verdi
for Deft. to recover her costs. Bris
ham & Mcfarland and p. X. Glee
for Plff., and L. j. Deavitt of Mon
pelier for Deft.
The next case was the first upon I'll
criminal docket, State vs.. Amber, #
arson. States Attorney Gleed an
} Brigham & Mcfarland forprosecutiei
; Henry Ballard of Burlington, Z. |
/. Sawyer and t. j. Boynton for the d.
e fence. The suf1iciency Of the indictmer
in this case was argued. The Cou
{ decided pro forma that the indictmel
was good, but at the same time int
: mated that in his private opinion
e was bad, consequently the case wi
I go to Supreme Court and responder
will have no trial this term.
: The next case is that of State V
: Billiard. Court will likely be pr
;, longed we'll into next week to compile
: the criminal court, and chancery bus