The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1896-03-26
Somerset 5. j. Court.
MARCH TERM, 1896

n. w BRAtNERDt Gtef6.
BEN S COLLINS, County Attorney
A. IL. SMALL, Henogrd pher.
E. P. VILEs. sheriff
BLAINE s. VlLEs. Messenger.
Deputies: w. f. Mutt, John smith, kuel
Williams, +. l.. Harding.
Thursday, March 19-IIiram S. Steward
ct al VS. Philander {. Steward. Action
on account to recover sum of $30035,
balance due for goods sold and deliver
ed. The account has been running
some years, and the last item credit Was
Oct. 7, 1889, and the account was sued
Oct. 7, 1896, the defendant pleading the
statute of limitations, claiming the bill
was outlawed the day preceding the
date of the writ. He says further that
the item of credit of Oct. 7, Was entered
to pay for goods of the same amount
purchased few days previous, and that
therefore the account was clearly out
lawed.
The plaintiff claims that the item of
credit of Oct. 7, was paid and credited
on the general account and not on any
particular item. The plaintiff also
claims that the statue of limitations is
not a bar to this action.
The court ruled pro forma that action
was seasonably brought. Verdict for
plaintiff, S146. 10. Walton q Walton for
plaintiff, Forrest Goodwin for defend
ant.
Friddy, March 20-The referees in the
equity suit of Dinley Huston VS. William
X. Lancey reported as follows: The
defendant shall discharge a mortgage
described in bill of equity and surrender
notes granted by said mortgages running
from plaintiff to defendant, said Lancey
shall deliver up and surrender to said
Huston note now in his, Lancey's, pos
session, given by Huston to George
Hathorn, July "a, 1913, for $3.50, also
note given by Huston to w. j. Lancey,
Oct. n, 1919, for S13.35, and note in his,
Lanceys, possession dated March %,
1877, given to Stephen Nye by SAID
Huston for $3.50 said Lancey shall also
convey to said Huston land described
in bill in equity and also piece of parcel
of land described in amendment to said
bill excepting strip sold to Hollis =.
Head, and if said Lancey has conveyed
to any person except said Head any of
above described real estate he shall pro-
cure release from his said grantees to
said Huston or to himself before con-
veying to said Huston. Said Huston Is
to surrender to said Lancev note for
by said Lancey, dated Oct 10, 1860.
Said Huston at same time that above
proceedings are had shall pay sum of
$50 to said W. X. Lancey
Parties and witnesses in the other
actions were unable to get to court on
account of the difficult travelling
Clara j. Adams VS. George w. Seavey
defaulted for s.. Same VS. same was
continued
Saturday, Moych p. the Grand Jury
completed all business before it and, ON
Saturday morning, reported nine in
dictments, for liquor nuisance and
common seller and one for larceny.
Alfred Sargent VS.. Daniel A. Ames.
Action on account for $3.50 for water
ing stock five years at - per year, and
for other considerations. Plaintiff
claims that defendant agreed to pay
him 50 per year for use of a well for
watering his stock. The defendant
says that plaintiff told him he was vel
come to the use of it, the water not being
very good and the pump being an old
chain pump of little value. Defendant
afterward put in "A new pump which he
removed about the commencement of
this suit.
Testimony tended to show some
trouble between parties about fences
stock etc. On trial at adjournment
Saturday. Forrest Goodwin for
plaintiff, Walton Il Walton for defense.
Alvna Huff was granted a divorce
from John b. Huff for cruel and abusive
treatment.
MoRdog, Narch 23-In the case Sargent
VS. Ames the jury Monday afternoon re-
turned a verdict for the plaintiff for the
sum of $l.50
Tuesday. March 24-Rosa M. Trask
WAS granted divorce from Thomas II.
Trask, for three years utter desertion.
The custody of both minor children were
given to the libellant.
Harry n. Healy VS. Wade Turner.
Action for damages in the sum of $500.
The plaintiff is a young boy, / years of
age. He claims that the defendant and
Ed Rollins came to his home, in July
last, where the plaintiff and defendant
with other children of Mr.. and Mrs.
Healy were playing The defendant had
II broomstick in his hand and when the
plaintiff ran past, the defendant pushed
the stick between the plaintiffs feet,
tripping him.
Ilt plhlHlill > ltll d1hlt Jbl1l WAS ulS-
located, but the plaintiff did not realize
it, When Mrs. IIealy returned home,
thinking the ankle was strained, she
bathed and swathed it. The plaintiff
endured the pain for some time. and mol
till September did they consult ply
stefan when it was found that the bones
of the ankle Joint were disoeated. The
bones were set and the ankle is getting
well.
The defendant claims that he and the
Healy children were playing. They
punched him with "A stick which he took
away and put it beside him on the sofa.
That plaintiff fell over the stick but
without the fault of the defendant, and
the defendant did not thrust the stick be-
tween the defendants legs nor try to
trip him up.
The case was submitted to the jury
Wednesday morning and verdict of
Sll5.92 was rendered for the plaintiff,
Augustine Simmonds for plaintiff, Walton
q Walton for defendant.
WedneSddy, March 25-John Nonigan
of Madison filed a certificate of intention
to become citizen of the United States.
John II. Coffin vs. A. a. Jacobs, action
on account on harness goods to the
amount of $36.73 with interest.
This account is for two bills of goods
alleged to have been sold To the defend
ant in December 1892 and May 1898.
The defendant claims that after he had