News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1890-05-01
LamoiIle County Court.

In the case on trial last week, of II
| q. Fancher VS.. f. I'll. & HI. Stearns
Aplts., the jury returned a verdict fol
the Pltf. VS.. Frank H.. Stearns fol-
$40 damages and his costs, and a
verdict for Deft Hiram to recover his
costs, it having been shown to the
satisfaction of the jury that Hiram
had no ownership or interest in the
horse in controversy.
John Pappineau and wife, Selma
Pappineau, VS. II. S. Smith, was the
next case for trial. This was an act
ion of Islander growing out of a neigh
bOrhOOd brOil at the little hamlet OF
Cady's Falls, and started by and be-
tween the school children of the re-
spective parties-for vile names and
uncomplimentary language address
ed to Mrs. Pappineau by the Deft.
The charge of Islander, as alleged in
the Plff s declaration, was in the past
tense, but the slanderous words
proved by the Plff. s evidence was all
in the present tense. When the Plffs.
rested their case at the close of their
evidence in chief, the Deft. moved that
the Court direct the jury to return a
verdict for the Deft. on the ground OF
variance between the Plff s declara-
ton and proof. Upon the intimatiOn
of the Court that there was such a
variance as would probably be, fatal
to this action, the Plffs. entered a
non-suit. The Deft. also raised a
question under the Act of 1884, in re-
latiOn to the property rights of mar
ried women, claiming that the hus-
band, John Pappineau, was improp-
erly joined as Plff in this action, and
that this suit should have been bro't
by the wife alone. The COurtintima
ted that such might perhaps be the
ruling of the Supreme Court.-W.
Brigham and p k Gleed for Plffs.;
Wilson & Powers for Deft.
The case of Geo. W. Baker VS.. c, j.
Uf1ord, Aplt., was taken up Monday
afternoon. This was an action of
trespass and trover for taking and
dispOsing of a certain colt by virtue
of chattel mortgage, 1t appeared
that the Deft. held a chattel mort
gage executed to him by one J. F.
Hill of Hardwick, which covered the
colt in question and other 'livery
property; that said Hill exchanged
said colt with the Plff for another
horse, which horse and two others
and several harnesses, said Hill after
wards sold to A. B. Pike, the avails OF
which Hill turned over to the Deft in
liquidation of the Deft. s Indebtedness
against Hill The Plff put in evil
dence a release in writing from the
Deft, to said Hill, releasing certain
property named in said chattel mort
gage. The release was torn, and that
part of it which described the proper
ty released was gone, so that the
paper did not clearly show Just what
property was released. Hill claimed
that it released the colt in question,
which was denied by the Deft. The
Plff. is a resident of WolcOtt and the
Deft, resides in Barton The case was
given to the jury Tuesday afternoon
and after being out an hour they
brought in a verdict Of $75 and costs
for Plff.-WilsOn & Powers for Plff.;
W, W. Miles for Deft.
I hE NbONN bOlii lIlCICtl CIlC Jul y CioCS
for this term.
OF the divorce cases the following
We're heard by the Court Saturday af-
ternoon and Monday forenoon
Clarence W. Putnam VS.. Carrie Put
nam. Bill granted for desertion-
G. ". Hendee for the Petitioner;
States Atty Powers for State.
Nora E. Brown VS. Archibald Brown.
Cause, alleged adultery. Decision re-
served.-G. W. Hendee for Petitioner;
States Atty for State.
Solomon Gibbs VS.. Lottie H. Gibbs.
Cause, alleged intollerable severity.
Held by the Court for further proof
W. H. Parker for Petitioner; States
Atty for State.
Esther Morgan Us. Chas, A. Nor
gan. Bill granted for desertion.-B.
A Hunt for Petitioner.
Wednesday was devoted to hearing
cases with the Court. Other divorce
cases will he heard and Court will
probably finish it's business Thursday.