The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1894-03-28
Washington County Court.

DAVID L. FULLER V. HENRY G. HOLMES
This was an action of trespass brought to
determine the right OF way of defendant
over strip Of land leading from Fuller
street in Montpelier village to defendants
barn. Defendant holds deed from the
plaintiff, under which he claims the right of
way in dispute. The court ordered pro
forma verdict for the defendant. The case
will be taken to the supreme court. T. II.
Gordon for plaintiff; s. 9. Shurtleff for de-
PENDANT.
j. d. THOMPSON v. FORREST l.. GREEN,
APPELLANT.-Thisw was an action brought
for the conversion of a colt. Both parties
reside in Woodbury.. In 1892, defendant
pastured the colt which gave rise to the
controversy, which, unknown to the de-
PENDANT was removed from the pasture by
the plaintiff. The defendant, claiming
lien for the pasturing upon the colt, under
the law OF 1884 went to the plaintiffs farm
and took the colt. The colt was afterwards
sold upon an execution issued upon judg-
ment which defendant obtained against the
plaintiff for the pasturing. The colt would
be exempt from attachment and execution
II defendants lien does not exist. After
the charge OF the court the verdict for the
plaintiff OF Sl43 was something in the ma
ture of surprise. The case will be taken
to the supreme court by the defendant on
the ground that the verdict was contrary to
the evidence. Albert Perley and j. P.
Lamson for the plaintiff; b. K. Billiard
and s. G. Shurtleff for the defendant.
JUDGE TYLER overruled the motion that
II. A. Rugg be admitted TO take the poor
debtors oath which was made by his coun-
sci, l.. p Slack At the last term of this
court, Nelly j. Kelly obtained Judgment
against Rugg in an action for malicious
prosecution. Rugg is now confined in
Washington county Jail upon a certified
execution issued upon such judgment, and
is now being boarded there at the expense
of the town of Barre.
ASHLEY SMITH v. MYRoN f. SMITH, AP-
RELIANT, - Action on the case for the
false warranty of the title OF horse. The
plaintiff resides in Woodbury. and the de-
PENDANT in Wheelock. Plaintiff claimed
that the horse at the time the trade was
made was mortgaged. 1t seems that the
plaintiff, while ignorant of said mortgage,
has since sold the horse to one A. ID. Hop
kins, and the fact of the mortgage coming
to the surface, by an arrangement with
Hopkins his name is used in this suit. The
defence was a matter of small details, but
proved to be sufficient to satisfy the jury
that the defendant was not guilty and that
he recover his costs. B. f. Billiard for the
plaintiff; j. P. Lamson for the defendant.
CUTLER & BURNHAM v. SOPHIA A. DIX
This trial commenced Friday, and great
number of witnesses were examined on
both sides. 1t is an action of general as
| sumpsit brought to recover the contract
price-S325-for monument which the
! plaintiffs, who are granite manufacturers in
Barre, set in the cemetery in East Mont.
pelier in the fall of 1893. The contract
called for the best dark Barre granite. The
defendant refused to accept the monument
as a ful6lment Of the contract. 1t appeared
that for portion of the monument medium
stock was used. Plaintiffs introduced evil
dence, subject to defendants exception
tending to show a custom among granite
manufacturers to ill such contracts with
two kinds of stock. Defendant also claims
that the size and designs do not fulfil the
contract. The jury were taken to the Gem
etery in East Montpelier in order to inspect
the monument in question for themselves
On Monday afternoon, a special train over
the Wells River road was chartered To-
that purpose. The arguments are now be-
ing made. s. G. Shurtleff and o. B. Boyce
for the plaintiffs; j. Fl. Senter and j. W
Gordon for defendant.
THE motion for continuance in the mat
ter Of Estate Of James Patterson, II. f
Brown ct al, appellants, was overruled, ant
was placed at the heel of the crimina
docket for trial. The case is an appea
from probate court, and involves the settle
ment Of large estate.