Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1890-03-14
THE VERMONT PHGNIX FRIDAY
THE COUNTY COURT.

4AAAl OOO IN L I CAlO Nj.
The court convened at Newfane Tuesday
OF this week. Present, Hon. Jonathan
Ross, presiding judge Hon. r. w. Clarke.
Hon. l.. S. Walker, assistant judges.
On running over the jury calendar it
was found that of the 2G cases originally
noted for trial, only seven remained for the
Jury, and the probability is that most of
these will be disposed of in some other way
before they are reached The were no
cases for trial under the first days assign
ment, so most Of the day was occupied in
hearing motions for continuances, ques-
tons on demurrer, and calling both the
law and chancerv dockets.
In the case Of the C1sh Meat MARKET RS
Robert VI. Lennon and Trustees. Judgment
was rendered for plaintiff for Sllg II dam
ages, and trustees adiudged chargeabe for
S6O. 80 on their disclosure.
The case Of Scott Dluibiee rs. e. W.
GoodenOugh was heard on demurrer to
plaintiffs replication The demurrer was
overruled, to which the defendant excepted
and cause passed to the supreme court.
Lemuei Smith dad icitc rs. The Niagara
Ftre ms. Go which was tried at the Sep.
TENDER term, 1887 and then went to the
supreme court where it was heard and re-
manded for a new trial was settled.
In John Gdlrin Us. L. T. LdiUton iudg.
ment was rendered for the plaintiff without
hearing, and referred TO the clerk to assess
the damages
FdrreH Il. Hhi,ph rs. NewGtae was
continued on motion of defendant and at
its expense, by reason Of the absence Of a
material witness.
After court adjourned in the afternoon
meeting Of the members of the Windham
county bar was held with Hon r. w
Clarke in the chair and Hon Royal Tyler as
clerk. Col. Haskins, Judge Tyler and 5.
L. Davenport, Esq, were appointed "A com
mittee to draft and report resolutions eN
pressive Of the sentiments of the bar rela-
tive TO the gift Of portrait of the Hon.
Oscar l.. Shafter, deceased, recently for
warded from California by his widow. The
committee subsequently reported the fol-
lowing resolutions, which were unanimous
ly adopted
l. That we hereby tender our sincere thanks
to Mrs. Sarah h Shatter Of Oakland, California,
for her generous gift OF the portrait Of her dis
tingushed husband, the Hon. Oscar J.. Shatter,
,irceas'd, formerly highly respected, widely
known aud hunurrd member uf our bar, with
which to adoru our court room.
. That copy ut the foregoing resolutions lH
furnished the donor, aud also to the county news
papers Tor publication.
Resolutions were also adopted aud com
mittees appointed relative 10 the matter of
procuring portraits Of Hon James Mem.
Shafter Of San Francisco, Hon. j. Dorr
Bradley and Chas y. Davenport, Esq, Of
Brattleboro, for the further establishment
Of the court room.
Lucy Dooiiitie, Erecuirir, RS. h. W. Ster.
rus This was an action Of eiectment.
The evidence showed that in July, 1881,
the defendant mortgaged his farm of about
- acres in Guilford TO the Vermont Saw
ings bank, and that, neglectng to keep the
interest paid, the bank foreclosed the same
at the March term 1888, of the court Of
chancery and obtained II decree for $3l3.31,
the equity of redemption to expire March
20, 1886 Failing to redeem the same the
title tn said premises became absolute in the
bank. May p, 1856 the bank conveyed
said premises to Alonzo +. Doolittls Of
BrattlebOro for the consideration Of $3.50
Ca TIE same day Doolittle entered into
contract with the defendant 10y which he
was n occupy the farm upon paying the
taxes and the interest semi annually ON
S3i6, and further, if said defendant paid
Doolittle said last named sum within two
years from June /, 1886, with the interest
aud taxes As aforesaid, then he would con.
of any such payments said Stevens was to
forfeit any sums he NAV have paid in and
also right to redeem or have deed Of the
same, aud was to surrender peaceable pos
session On 10 days notice The defendant
paid the taxes, but never paid any interest
| or principal of the debt DOOlittle died in
August, lSSS. aud his wife was executrix
of his will No payments having been
made, the plaintiff IN April, and again IN
May, 1889 gave defendant notice to vacate
the premises and surrender the peaceable
possession thereof to her he defendant
refused to do So and the last days Of May
or the first of June, 1889, the selectmen
| and overseer OF the poor of Guiford pro
cured the money and through Mr.. Hit, the
towns attorney made tender Of $420 to
the plaintiff, which she refused to take.
claiming the premises as hers by virtue Of
| the breach OF the stipulations Of the con
| tract of May "a, 1886
The court held that said contract was in
/ legal effect mortgage, and therefore was
subject to the right of the defendant to re
| deem the premises even year after breach
Of the stipulations Of said contract. and di
/ rected a verdict for the defendant, to which
/ the plaintiff excepted.
/ Haskins x Stoddard and G. b. Eddy for
/ plaintiff, Waterman, Martin X Hit for de
/ PENDANT
/ HerLeif ". Sdndrrs rs. Mgron q. Bdi1,es.
| This was an action Of general assumpsit
! The plaintiffs evidence tended 10 show that
| he sold defendant certain articles Of per
sonal property in November, 1887, for the
| agreed price of S4l.j0. That subsequently
| he bought Of defendant an old horse, for
which the aforesaid sum was to be applied
] 80, Al nf
/ ing as recommended, he returned it to de
PENDANT, and then bought another at less
/ price, which also proved different from
/ what defendant had represented it TO be,
/ and 50 he returned that, which defendant
l received and afterward sold This suit was
( to recover the value Of the articles the
plaintiff delivered to defendant. The evil
| dence of defendant tended To show that he
| never bought any property of plaintiff but
/ that he did exchange a horse with him for
/ tine articles for which plaintiff had sued TO
recover That he called the property $25
and the horse was called $40, and plaintiff
/ gave him claim note of S24 for the bal
auce. That few days after he snapped
| horses with the plaintiff, agreeing TO pay
/ Sll 10 boot That the S24 note was can
| celled and plaintiff gave him a new note
for Sl3, reserving IA claim upon the horse
| for security. That in the course of six
weeks thereafter, and in his absence from
home, the plaintiff left ON his premises the
horse which he received and afterward
sold to another party. That he took the
horse in payment of his claim note of Sl3,
and had never done anything further about
it, he still holding the uo:e
Verdict for plaintiff for S2S.
! Haskins q Stoddard for plaintiff, Water
man. Martin x Hit fol- defendant