Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-09-18
wINDHAM COUNTY COURT.

Action of assumpsit. The plaintiff
claimed, and gave evidence to show, that
he sold the defendant a quantity of saw
logs upon which there was due him bal
ance of some $50; also that he performed
labor for the defendant in drawing other
logs on to the log-way of a certain saw-mill
to the value of some So. The defendant
claimed and gave evidence tending to show
that in buying the logs and i'm employing
plaintiff to draw the other logs he was act
ing as the agent of a Mr.. Coburn and so in
formed the plaintiff at the time. This the
plaintiff denied.
Verdict for the plaintiff for So. "a dam
ages.
Walker and Read for the plaintiff. Wa
terman, Martin IL Hit for the defendant.
Ddcd q. Hubbdrd cS. PERU " Darts.
Action to recover of defendant taxes as
sessed against him by the town of Will
mington, amounting to $500 or thereabouts
The plaintiff claimed, and his evidence
tended to show, that the defendant was a
resident of Wilmington on the first day of
April, 1883, and that failing to make and
return personal inventory, the listers as
sessed him for S14,326 in money and doub-
led it, making SIS, ,Gj2, to which they added
S634S more and poll, making his total
grand list for that year 1892, upon which
notices required by law by leaving them at
his last and usual place of abode, deposit
ed the personal list in the town clerks
office, April 2j 1888, and the grand list
| May 10, 1888; that Jan. 8, 1889, the select
men assessed a tax against the defendant of
80 cents on the dollar by virtue of vote of
the town Dec. s, 1888, to raise go cents,
and of Jan. ?, 1889, to raise % cents on
the dollar, and placed said tax in the hands
of the treasurer to collect: that April 10.
1889, a list of delinquent tax payers. among
| whom was the defendant, was placed in
| plaintiffs hands as collector of the town
for collection and it had never been paid.
The defendant claimed, and his evidence
! tended to show, that the defendant bought
a farm in Charlemont, Mass, Sept. II,
| 1887 with the purpose of making a home
there for himself and sister and brother-in-
law: that by the terms of the trade he was
to take possession April /, 1888: that in
! October, 1887, he went to Charlemont upon
! the farm and hauled the manure out of
the barnyard on to the land for use the
next spring; that March s, 1888, his broth
er-in-law began TO move his goods from
! Wilmington to Charlemont and took de-
fendant's trunk and effects at the same
time; that March rs or 2S defendant final
! ly left Wilmington and went to Charlie
mont, took possession of the farm April l,
and had remained there ever since: that
his brother-in-law didn't finally get away
from Wilmington until May % 1888, but
| from 4 pri to June the party of whom he
bought continued to occupy the house and
that he boarded with them, and has since
lived with his brother-in-law in said Charlie
mont: that the tax levied against him by
the authorities of Wilmington was illegal,
| fpr rho that no uraC M rasilapt
there April l, 1888; that the abstract of
personal lists deposited in the town clerks
office was not certified by the listers; that
the town meeting of Dec. 8, 1888, was held
upon warning that was posted only eleven
| days instead of twelve as the law requires;
that the assessment by the selectmen was
| irregular, as was also the warrant issued by
| the town treasurer to the plaintiff collector.
The only question submitted to the jury
was upon the question as to whether the
defendant was or was not a resident of Will
mington April /, 1888, for the purposes of
| taxation.
Verdict for the defendant.
Davenport, Waterman, Martin & Hit
for the plaintiff. Butterfeld, Haskins d
Stoddard for the defendant.
VI. AuguStd Bourne Us. School Dist.
No. in Strdtton. Action assumpsit. The
| plaintiffs evidence tended to show that she
was hired to teach school for term of eight
weeks at 50 per week and board; that she
| performed her contract to the satisfaction
of the district and had never been paid.
| The evidence of the defendant tended to
show that the school district elected three
committeeman for the year, and that the
plaintiffs employment was by one of the
committee, without the knowledge, con-
| currence or sanction of either of the others.
! The plaintiffs evidence further tended to
| show that at the annual meeting the dis
trict elected one committee for one year,
one for two and one for three years; that
in hiring teachers for that year the COM
mittee elected for two and three years
would not act, claiming that the one elect
ed for the one year was the man to hire for
the first year, and left it to him to hire
whom he pleased, and that after he EN-
ployed the plaintiff they acquiesced in what
he had done.
Verdict for the defendant
Cudworth and Read, for the plaintiff.
Waterman, Martin IL Hit for the defend
ant.
! state rs. Stephen Smith and Verney
| Standardization for burglary with intent
to commit larceny. Both respondents
plead guilty of petty larceny which plea was
accepted and they were sentenced to pay
a fine of $40 each and costs.
state rS. ChdS. J Perhdm.-Indictmen
for selling liquor Plead guilty of 10 first
offences and was sentenced to pay fine of
! $3.50 and costs.
state Us. Aiiston CuShing.- Indictment
for selling four barrels of fermented cider.
! Plead guilty of four first offences and sem
fenced to pay a fine of $40 and costs.
State rs. Henry H. SdHderSOH.-Indict-
ment for the larceny of hens and chickens.
Plead guilty, and sentenced to hard labor
! in house of correction for nine months.
state rs. George +. LORg.-lndictment
for the larceny of hens and chickens. Plead
guilty, and sentenced to hard labor in
house of correction for nine months.
state uS Darius Wheeler and Julius
| Wheeler.-Indictmen for the larceny of
$50 in money. Plead guilty, and sentenced
to hard labor in the states prison for two
years each.