The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1885-04-22
Washington County Court.

The first case for trial Wednesday morn
ing was that of Bertha Jane Thayer u.s.
William Cayhue, an action of bastardy. The
court thought from the evidence that the
defendant was the father of the child in
question, and rendered judgment to that
effect, and that he pay $500 for the chid's
support Heath & Willard for the plaintiff;
G. w. Wing for the defendant.
Lizzie B. Sulham as. L. G. Sulham was an
action for divorce with the alleged cause,
intolerable severity and refusal to support.
The petitioners evidence tended to show
several acts of abuse of the petitioner by
her husband, who did not put in any APP
pearance. Bill granted and the custody of
their only child given to the petitioner. c.
H. Heath for petitioner; no appearance for
the defendant.
S. A. r. Walton rs. Benjamin MOssman
was an action of assumpsit brought to re-
cover for services rendered by plaintiff to
the defendants wards wife. The plaintiff
claimed to be an electrician, and that the
defendant had engaged her to perform her
cures upon the lady. The testimony showed
that the defendant had paid $50 and at the
time he paid it he informed the plaintiff
that he should not be responsible for any
more of the expense. This notice was given
in the letter that contained the check for the
time he had agreed to pay. Upon this evil
dence the court rendered judgment for the
defendant, without any defence Excep-
tions were taken by the plaintiff. I. j.
Deavitt and G. II. Heath for the plaintiff; ;
f. w. Baldwin for the defendant.
William f. Best Us. Flint & Newton was
an action of assumpst to recover claimed
balance on nine hogs which the plaintiff
claimed that he sold to the defendants at an
agreed price of eight cents per pound, live
weight, some time in the summer of 1881
The defendants claimed that they did not
buy the hogs but took them to sell on COM
mission; that Mr.. Flint was at Montpelier
and saw the plaintiff who told him he had
some good hogs; that he told the plaintiff
that he would take the hogs and either pay
him the agreed price of eight cents per pound,
live weight, or dispose of them on commits
sion; that the plaintiff did not say which
way he would do but sent the hogs to Ran
dolph where the defendants We're doing
business; that when they arrived defendant
saw that they were very poor specimens of
pork; that they took the hogs to market and
sold them the best they could and returned
to the plaintiff the price they received, less
their commission; that the price obtained
was ten cents per pound, dressed weight,
which made about S31 difference between
the price obtained and the price at eight
cents per pound. The testimony showed
| conclusively that he who buys slaughter
| house pork knoweth not what he will re-
! ceive. Judgment was given for the plaintiff
to recover S3l and his costs. Exceptions
were taken by the defendants. Gordon x
| Gary for the plaintiff, G.. w. Wing and n. L..
| Boyden for the defendants
Nathaniel Perry Us. Fri Morse was an
duditd quereld brought to set aside a Justice S
| Judgment. 1t appeared that Perry had at
some time brought an action against Morse
in trover to recover for a certain horse which
| Morse had bought of one Dow in Cabot,
upon which horse Perry claimed to have a
chattel mortgage, which Morse claimed was
fraudulent. The case was appealed to the
county court, where it is now pending.
| After the case aforesaid had been appealed
Morse had a suit brought against Perry for
malicious prosecution, the suit being made
returnabe before Lucius Parmenter, Esq, a
justice of the peace, who is neighbor of
Morse, and the dd ddmnum in the writ was
placed at $50. 1t is a principle of law that
no action at law can be maintained for a
malicious prosecution until the case claimed
to be malicious has been decided; so that
| Morse had at the time the case was brought
no standing in court upon that question.
But he brought his suit and when the de-
| fendant in that case plaintiff in this case
appeared with his attorney for the trial and
entered "A demurrer to the writ, the justice
at once rendered judgment for Morse to re-
cover $50 and his costs, and of course re-
fused to allow an appeal, so this suit was
brought to set aside the judgment thus OBJ
tanned. The defendants attorney in the
present case also demurred to the dudH0
queretd and therefore admitted all the fraud
that the plaintiff had alleged, but argued 10
the court that the Justices jurisdiction was
exclusive and that there was no power t.
overturn his Judgment, no matter how much
fraud there might be. The court took a diff
ferent view of the subject and thought
where "a Judgment was obtained by fraud il
could be reached in the way sought in this
case and therefore rendered Judgment foI
the plaintiff, setting aside the Justice judg-
ment. Exceptions We're taken by the de-
fendant. j. p. Lamson for the plaintiff
Heath x Willard for the defendant.
Maurice Locklin, convicted of an assault
as previously reported in this paper, was
brought into court and sentenced to pay a
fine of $40 and costs which amount to the
sum of Si3, beside: alternative sentence il
not paid in twenty-four hours.
James Albin convicted of burglary, was
sentenced to pay a fine of $40 and costs
amounting to the sum of SASS, making
in all the sum of S9i.9S, which, if not paid
in twenty-four hours, makes a sentence tC
the work house for three times as many
days as dollars, including costs of commit.
ment.
On Friday noon the co lrt took recess
till Tuesday afternoon