The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-10-23

Wednesday afternoon, both beiog nett.
tions to annul marriage-the main question
in both being the same. The defendants in
each case had husband living at the time
OF their marriage with the respective ne.
titioners. The court below declined to an.
null the marriages on the ground that prior
to the bringing OF the petitions the respec-
tive parties had cohabted together as man
and wife, ruling that it was prohibited from
so doing by Section 1857 OF Revised Laws
Petitioners show that they ceased to so CO.
habit when they ascertained the facts In
Barney vs.. Cunyes the marriage was per-
formed In Massachusetts, and the question
arises whether Vermont court has the
right to annul marriage performed ont of
the state. Defendants made no appearance
w. ?. Stafford for Barney Harry Blod-
gett for Ovitt
The case of Robert Chalmers va. John
McAuley was argued the same afternoon,
and is from Caledonia county The action
is in general assumpsit to recover nav for
keeping some cattle which defendant had
bid off at public auction to satisfy chattel
mortgage, the question being as to
whether the title to the cattle passed at the
time of the auction or at the time the note
for the price Of the cattle was given at a
later date. Plaintiff recovered $40 in the
court below. Alex. Dunnett for plaintiffs
j. p Lamson for defendant.
State vs.. G. o. Taylor, James Edward j.
O'Donald and Henry Ballard, from Wind
sor county. Assault with intent to kill.
Taylor and O'Donald were sentenced to
state prison on June II last for a term of
twenty-five years. AS the exceptions were
not ready, on motion of States Attorney j.
u, Enright the case was continued.
The arguments in Connecticut River
Lumber Company VS.. A. II. and f. H.
Brown, commenced Wednesday afternoon,
! were finished Thursday morning. From
Caledonia county. Plaintiff, in 1890, fur
| nished defendant bill Of lumber amount
| ing to 81 265, according to contract price.
Defendants claiming that the qu llity of
! lumber furnished WAS not up to the reuui-
| site standard subtracted S251 that being the
| amount which they claim they were dam
| aged by the defective lumber, and gave
| plaintiff check for balance, which, thew
! claim, was accepted in satisfaction. Alex.
! Dunnett for plaintiff; L. NJ. Reed for de-
! PENDANTS.
Asa W. Kenney and Francis f. Downer,
| executors, va Austin Howard and f. f.
! Holt. Action of debt on bond from
| Windsor county. On an agreed statement of
facts, judgment was given to defendant.
| Plaintiff here claims to recover his taxable
costs. j, j. Wilson for plaintiffs: Dudley
G. Denison and j. ID. Denison for defend
! ants.
The case of Rollin Amsden " John At
wood, from Windsor county, was also ar
gled Thursday forenoon, and was an action
in general assumpsit in which plaintiff OBJ
tanned a verdict in county court for S201 Is,
damages for rent due him for rent of por.
ton of his mill in Windsor to defendant to
use in the manufacture of chair stock.
Plaintiff had a saw-mill lin same building,
and was under contract to saw defendants
! logs for him, which, in December, 1892, he
refused to do, as the rent due him had not
been paid. Defendant claims damages in
Offset, as he rendered the logs for saving at
plaintiffs mill. G. A. Davis and w b. G.
Stickney for plain tiff j. c. Enright and j. j.
Wilson for defendant.
Aurilla Scales V. Andrew Wiley, apt;
from Windsor county. Plaintiff sold an old
barn on her farm in Cavendish to defendant
for re.erecton on his adjoining farm for S75,
which included labor to be furnished by
plaintiff. The barn, on being taken down,
proved nearly worthless, whereupon de-
PENDANT refused to accept the same. Plain
tiff recovered $50 and costs in county court.
Stickney & Sargent for plaintiff; NJ. s.
Buck and G. A. Davis for defendant.
In the case of State VS.. Joseph Warner,
heard last Wednesday, the supreme court
at three o'clock rendered their decision to
the effect that respondent takes nothing by
his exceptions, and the Judgment against
him OF having committed an assault with
intent to commit rape was affirmed. He
was sentenced to three years at Windsor.
The case of Albert E. Wheeler VS.. Gilbert
M. Campbell then came up for argument
the defendants motion for continuance
being denied. Plaintiff recovered Sill 20,
damages and costs, in an action in general
assumpsit which he brought against de-
PENDANT, as deputy sheriff, who had sold
certain live stock to satisfy an execution,
plaintiff claiming the proceeds of the sale
as he had chattel mortgage upon the
property. Defendant claims that the mort
gage was fraudulent. w. P. Stafford for
PLAINTIFF II. G. Bates for defendant.
The last case heard Thursday afternoon
was Town of Springfield V. Town of Chess
ter, pauper case, in which plaintiff claims
to recover $3.50 for medical attendance fur
nished one John Wiley. 1t is conceded that,
prior to 1889, the legal residence OF the
pauper was in Chester. The case is COM
plicated by the fact of pauper having had
about $50 worth of real estate in Spring field,
by being helped by Chester in 1891, and
afterwards by charity fund. G. A Davis
for plaintiff l.. NJ Read and G. L. Fletcher
| for defendant.
| The case OF John Jones VS.. P. j. Del
hanty and NJ. B. Mahan, Trustee, from Rut-
land county, was submitted on briefs. j..
c. Jones for plaintiff; f. E. Platt for de-
PENDANT.
A G. Kendall, E F. Kendall and F. G.
Davis vs. Henry l.. Aldrich, petition for
mandamus from Windsor county, came up
for hearing, but as no copies OF the original
petition had been printed for the use OF the
court the case was continued. f, y. Davis
for petitioners; G. L. Fletcher for defendant.
Charlotte w. Hackett VS.. Lorenzo d.
Monkey is a bill in chancery from Windsor
county. The settlement of an estate many
ity of note given for love and affection
is involved. Orator obtained a pro forma
decree OF about $500 in the chancery court.
Dudley G. Denison and Charles P. Tarbell
for orator; w. B. G. Stickney for defendant.
The case of James j. Wilson VS.. George
j. and Eva Spear from Windsor county.
was argued by defendants counsel. De-
PENDANTS sought,to obtain the right to re-
deem some real estate in Tunbridge which,
under a recent decision of the supreme
court, was decreed to orator. The motion
of defendants was denied and decree to
orator affirmed. Warren French for de-
PENDANTS; w. b. c. Stickney for orator.
The case of Salmon B. Hebard, executor
of the last will of Pauline A. Cabot, Lizzie
p. Smith, legatee, VS.. Ezra Jones-an APP
peal from probate-was submitted to the
court on briefs. The aforesaid Pauline A.
Cabot died at Chelsea, February H. 1894,
leaving a will of which her husband. Hyde
Cabot, was one of the three witnesses. He
has no interest in her estate as he is barred
by the marriage settlement, and claims
none, but the contestant, who, as brother OF
the deceased, is one of her heirs, wishes the
will set aside for the reason that Hyde
Cabot could not be valid witness to his
Y ia fnr