The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-04-16

counts, and that II 1t was such an action, the
plaintiff, by appearing and joining issue with
the defendant, and going to trial on the merits,
had waived all informalities. The plaintiff re-
piled that jurisdiction could not be waived.
The court remarked that as the jury had found.
by their verdict that the note was q forgery as
to the defendant Sanders, and that the effect
OF dismissal of the appeal would be to return
the case to the justices judgment for an execu-
tion against the defendant and compel him to
pay note which he ought not to, they should
put on their snow-shoes and try hard to get over
what appeared to be the law in favor of JUS
tice. Mr.. Wing requested the court to leave
their track, IL they succeeded in getting over
the bank, so that he could follow them to the
supreme court. The next morning the court,
after announcing that it had been found rather
hard travelling, rendered judgment for the de-
PENDANTS, dlsmissing the plea. Exceptions by
plaintiff. }. A. Wing for plaintiff; J. N. John
son and Z. s. Stanton for defendant.
Village Of Cabot vs.. j. p. Ldn,son, appellant.
This was an action of general assuinpsit, in
which the plaintiff village sought to recover
for taxes which it alleges that the defendant
collected in a suit against one Crosby, brought
by the village collector, Joel Lilly. Judgment
for plaintiff, clerk to assess G. W. Wing for
plaintiff s. c. Shurtleff for defendant.
State vs.. Alo1lzo c. Slayton.-
for selling Intoxicating liquor contrary to law.
Plea of guilty of one first offence. Fined ten
..
Shurtleff for respondent.
State vs.. James and John Albin.-This was
Scire fdcidS on 5000 recognizance for the ap-
pearance of James Albin before the September
(18S3) term OF this court to answer to the
charge OF burglary, which the grand jury had
preferred against him. James, deemng dis
cretion the better part of valor, did not appear
to answer and his bonds were called and for
feited, and the state s attorney, having learned
that his bail was what is technically called
straw, had bench warrant issued for the ap-
prehension OF the respondent, but said respond
ent had seemingly dppreheEded an apprehen-
sion and skipped out in season. This present
suit was brought upon the recognizance, and
motion to chancer the bail was made by the
defendant, John Albin, who is the father of
James The court chancered the bonds to
$780, The bench warrant is still out against
the respondent, and If he comes within this
jurisdiction he may suffer. The bail, it is safe
to say, for the best of reasons, will not be col
| lected. States attorney Huse for state; J. N.
| johnson and Heath q Carleton for defendants.
State VS.. Eugene and c. r. Town.-This was
| also scire fdcids on bail for the sum of 5000.
The bail was for the appearance of the defend
ant, Eugene Town, at the last September term
of this court to answer to an indictment charg-
| ing him with an attempted rape upon a four
| teen-years-old girl. The respondent did appear,
| but about five minutes before the time for the
trial to begin he left the courthouse, and his
bonds were called and forfeited. The bonds
were not paid, so this suit was brought and 8
motion was made to chancer the bail. An affi.
| davit WAS read setting up, as reason for the
respondents not submitting to a trial, that hi
wife and mother were in ill health at the time
and that he dSl not have time to prepare hi
defense, etc. States Attorney Huse made &
strenuous opposition to any cutting down Of thu
bail, and the court refused to chancer the bail
remarking that it was light bail for the Of
fense charged. H. A. Huse for the state; W
P. Dillingham; and c. 81. Heath for defendants
The court will convene again tomorrow
Thursday, to dispose of the remaining cases
and take up the chancery business.