Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-11-20
TIE SUPKEME COURT.


M. Doubled, was finished wednesday
night. The case involved about two thou
sand dollars and arose in this way. The
Baldwins were in 1852 lumber dealers on
n large scale having mills at Groton Pond
q station on the Montpelier and Wells
River ROAD. In August of that year they
made Il contract with II. M. Doubleday
through his agent, james b. Darling, to
sell to him all the hcmlock bark which he
had peeled or should peel that season the
bark to be delivered the following winter
at the station at GrOton Pond In pursu-
ance of the contract the bark was drawn
out of the woods and about 500 cords were
loaded ON the cars by the employees of
Doubleday and shipped to market. In
May, 1883, there remained in the yard at
Groton Pond about l15 cords of bark
which had not been measured ana at That
time occurred the great fire at Groton
Pond, leaving the whole settlement in
ruins and burning among other things
the bark remaining in the yard. The
plaintiff seeks to recover the contract
price, IS 80 per cord, for the bark burned,
claiming that it was accepted by defend
ant ana became his property when deliv-
cred in the yard. The defendant claims
that none of the bark was accepted by him
until loaded on the cars that the bark in
the yard had never been measured or AS
sorted and consequently that he Is not
liable therefor.
Under the direction of the Court below
and in answer to heterogeneous sub
mitted by the Court, the jury returned II
especial verdict in the case and, IN this
verdict the Court rendered judgment in
favor Of plaintiff for Sl5.Sl. Some evil
dencc was admitted at the trial in the
County Court subject to defendants OBJ
lection: also at the close of plaintifl : tcs
timOuy. defendant rruIlpStpU the Court to
render Il judgment i'll his favor, claiming
that on plaintiffs own showing he could
not recover. The Court refused 50 to or
der and TO these rulings of the Court de
PENDANT WAS allowed his exceptions.
The case was argued for Baldwin by f..
w. Smith. Esq, of Wells River, and lar
bel and Heath, Esqrs., argued the case FOR
the defendant.
Abigail f. BaGley vs.. Andrew Mctar-
land, was entered, settled and discon-
tnued
Eliza A. Cook vs. Leander p. Cook, di-
Vorce, petition was dismissed without
argument.
Aanson Y. Eastman VS.. Mansfield 7.
Barnes was Il case of replevin brought to
recover certain personal property of the
plaintiff which had been attached by de
PENDANT. At the trial in the County Court,
the defendant moved to dismiss on the
ground that the bond filed by plaintiff
did not answer the provision OF the STAT
ult. lLUHlll olltItN 10 ne Al IcN anu
sufficient uOnd The court refused the re
quest OF plaintiff and sustained the mo-
ton To dismiss the action, to all OF which
plaintiff was alIO,e ais exceptions. The
case was a gueu 10y j. X. Darling for the
plaintiff, by john H. Watson for the de
1endHnt.
The cas.s of the State VS.. Adeline n.
Marstou and Geo. l.. Stow w. James Nj.
CoVell We're continued and one or two
other cases of no great Importance have
been argued
The case before the court at adjourn
meut Yesterday, was the Spiritual Athe-
neum society Ol We Randolph VS.. select
men of Rtndr!ph mis- is petition for
mandamuS 90 compel the selectmen to
give to the above named society II portion
of the public money devoted TO the sup
port of the Gospel The selectmen claim
that plaintiffs are not such religious or
ganizNlOu IS the law contemplated when
it ordered such division.
The Commit e on Admission aud the
Case of IL. W. Love.
The committee on admissions to the
bar, as appointed under the rules of the
court, is made up as follows; Roswell
Farnhtm and Il. G. Shurtleff, whose term
of Office Will expire in 1856, W, p. Dilling-
ham and l.pforrest II. Thompson, whose
term OF Office Will expire in 1887, and
Lovelund MunsOn and A. p. Cross, whose
term o, Office will expire in 1883. The
appointment was made Nov. II, but was
not male public till Yesterday.
The matter of II. w. Loves admission,
is referred to the above named committee,
who ar ID near Mr.. Love and also those
who protested against his admission, and
find the facts in regard to his character
and also as to his compliance with the
rules rs to study, and report tie same
lar las a.
term OF the supreme Court
A Review of the Cases Tried Yesterday
"Cleyeland Village"
The case Of the town of Brookiield VS..
u. NJ. Cpham and others, before the Su-
prerne court It Montpelier, might as well
betermed 5htn between the selectmen
for the town of BrOokiield and the road
commissioners for the county of Orange,
appoiutri uy virtue of No. IS of the Acts
of the legislature of 1882. cleveland
VIZ : i- the name of Il small hamlet
situareG in the town of Brookfeld. On the
west side of the village, extending north
and south, is body of water known rs
Colts pond. \ public highway leads out
of the village, westerly, across the pond,
over the hills to Mortified and to west
Randolph; along this road are several
houses the inhabitants of which do theiI
trp1ing at "Cleveland Village
The pond is crossed by means of a float
bridge" 90 called, i'll length about 300 feet
1t was buut some years ago, and in the
spring OF 1851, was out of repair. a petl
ton was presented to the selectmen OF
BIOoklield asking them to put the bridge
in such condition as to render it safe fol
public travel. AS to the action of the Sc
lectmeiI, ON this petition, there Is con
truvcroN, tue town claiming that they pro
ceeded N.tA due diligence to set about re
pulrIn- the bridge, while the other sid,
claim tlt,t they neglected so to do. How
eVertul1 IN ~ have been, it seems certain
thai the pei ltiOuers We're not satisfied witt
the aUuuu # The selectmen, and so address
ed themselves by petition to the count!
road commissioners, setting forth that tn,
se!ectmru after having been lawfully re
quesle,l, u"d refused or neglected to act
and hshI.-, them TO take jurisdiction
of the matter as the law directs. Thu
was the Fan Of May, 1884. The road com
missoncrS gave notice to the selechmel
and hearings were had at two or tire
different times. al which the parties were