The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-06-03
VERMONT SUPREME COURT.
SUMMARY or GASES CONSIDERED
DURING THE PAST WEEK.

STATE V. LEE DoDGE, APT.-Responden |
was convicted in Washington county for |
breach of the peace. Continued
JAMES M. BOUTWELL, EFT AL. v. Will.
LIAM MARI EFT AL. - From Washington |
county. An action on the case. Continued.
STATE v. HARVEY BADGER, in which the
respondent was convicted OF breach of the
peace in Washington county, was con-
tinued In the case of Harvey Badger v.
State of Vermont, which is petition for
new trial, it was ordered that petitionee
take testimony by July 20 and rebuttal by
August TO- This case was also continued.
JOHN r.. DARLING, ADMINISTRATOR OF
MERIBAH Kicker v. JOSEPH AND HELEN
l.. RIoKER.-In chancery. From Caledonia
county. This case involves the question as
to whether a farm in Groton, conveyed by
Meribah to defendants in 1885, was in fraud
of creditors. George w. Wing and ]. P.
Lsmson for orator. II. NJ. Harvey and Dun
nett & Slack for defendant.
o. V. HOOKER & Son v. A. II. MoLEoD
EFT AL.-Bill and injunction from Caledonia
county. The respective shares and rights
to water-power in the bulkhead and hume
constructed by the parties to this suit in
1880 at Arnold Falls, in the village of st.
Johnsbury, is involved The orators are
the appealing parties. Bates ~ May and
w. p. Dillingham; for orators; Harry
Blodgett and W. p. Stafford for defendants
K. 7. SEAvER V. ARTHUR WILDER, APT.
The question is on the giving of check
for balance Of an account in payment for
pile of lumber which plaintiff, on receiv-
ing, applied on the account, and brought
this suit for the balance, The contract price
for the lumber was $175. Defendant claimed
that there was to be a certain number OF
feet guaranteed In Orleans county court
plaintiff recovered $91.47. o. S. Annis for
plaintiff W. W. Miles for defendant.
GEORGE w. MoGAFFEY V. JOHN w MAN
TIE AND TRUsTEE.-From Orleans county,
where defendant recovered on his Offset
| $3.50 % and costs, the amount OF three notes
| given by plaintiff to him less 300 payment.
Plaintiff claimed that he was under no OBJ.
| legation to pay notes and that he had lent
defendant the 800, and now raises the
question that there was no evidence to war
rant the court below in finding that it was
payment. #. w. Baldwin for plaintiff;
W. W. Miles for defendant.
HIRAM K. GREGORY v. HARLEY e. Tom
LINsoN, APT. - Assumpsit. Defendant
leased his farm in Bolton for one year on
equal shares, beginning February 1, 1894,
and agreed to furnish twenty cows. One
COW died in March, two in April and one
in August. Plaintiff claimed that the COWS
should have been replaced, and for defend
| ants neglect so to do recovered S67.50 and
costs in Chttenden county court. l.. f.
Wilbur and V. A. Billiard for plaintiff; r.
E. Brown and G. It. Clough for defendant.
| A. s. MARTIN V. FRANCIS CURTIS, DIS
sE1zEN. - From Orange court, where de-
PENDANT recovered his COSTS About 500
worth of land in the town of Orange is said
to be involved. Plaintiff excepted to one of
| the assistant Judges acting in the case, as
he had previously acted in a prior trespass
suit. He had failed to get the case tried by
| Jury. A deed offered by him with a latent
ambiguity had been excluded for that rea-
son, to which he has an exception. j. w.
| ~ ~1,s.x ID M l. fnr 6n
| fendant.
STATE v. LYDIA A, SrEvENsoN.-Re-
| spOndent, who was convicted of an abortion
upon M. Estella Houghton in January,
| 1895, which resulted in her DEATH was
| brought into court to receive the decision in
her case. Judgment of county court re-
versed verdict set aside and demurrer sus-
tanned. Indictment adjudged insufficient
and quashed. Respondent discharged She
was soon after re-arrested by Deputy Sheriff
j. L. Tuttle Of Montpelier to answer to
another indictment pending in Franklin
| county court.
RE FRANCIS MoKEoUGH's ESTATE, JOHN
MCKEoUGH, APT.-An appeal from probate,
from Chittenden county. Reargued on
| appellants motion, who contends that ex-
| trinsic evidence should have been admitted
to show what was meant by testator in his
will. He seeks to establish the fact that
| testator, in giving him the use of his home
place in Burlington during his life after
death of his mother, meant to include about
one-fourth of an acre OF land, upon which
are some tenement-houses. III. S. Peck for
state; w. II. Bliss and Il. Il. Brown for APP
| pellanG
MARY AND URIAH ELLIOTT V. e. r. JEN-
KINs.-A chancery case from Caledonia
county. Both parties claim the right to the
use of the northern portion OF Buzzell
street, village of st. Johnsbury, subject to
the right of way. Defendant cut the grass
on the land in 1891, and in 1892 he obliter-
ated the old way, making two new drive
ways, filling in soil and grading the same,
claiming by adverse possession. Orators
claim title by deed and obtained decree
perpetually enjoining defendant from the
chancellor from which defendant appealed
Dunnett & Slack for orators; Bates q May
for defendant.
REUBEN B. DUNKLEE V. NELLIE l..
| HooPER.-From Windsor county. Plaintiff
is eighty.four years of age. He brought
this suit in eiectment to GUST defendant
from dweling-house and wood-lot in Ches-
ter which he decided to her April /, 1891,
conditioned for life support, etc, and $1.25
spending money per month ii he wished.
The principal breach shown at the trial was
that plaintiffs room was not sufficiently
warmed. In county court plaintiff recov-
cred $45 rental and costs. G. A, Davis,
George A. Fletcher and w. Il. Johnson for
plaintiff; l.. M, Read and W. W. Stickney
for defendant.
STATE " WILLIAM MCOAFFERY, APT
From Orleans county. A violation of the
truancy law. Respondent was convicted
of not sending his child to the public schools
in Albany the twenty-siX continuous weeks
required by law, falling short few weeks