Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1897-12-23
Orange County Court.
December Term, 1897.

Hon. HENRY W. Fits, Judges
CURTIS 5. EMERY, Clerk.
CHARLES +. SMITH, Sheriff.
HALE X. DARLING, states Attorney.
SoLoN K. BERRY, high Bailih.
MRS. NELLIE G. LAIRD, reporter.
Almon |. Dexter n. G.. Moore. This
case was given to the jury last week tues
day, ana, at about $3.50 p. M, verdict
was brought in for the plalntlh To recover
one cent damages and costs. Under the
statute, this verdict in SANDER suit car
ries bat one cent costs, so the parties are
practically at a draw SO far as dollars and
cents 90. Il is stated that the jury under
stood that this verdict would give the
plaintiff full costs, and that verdict car
Tying full costs was what they intended
to render. But, however this may be, the
question of costs was matter that the
Jury mad no business to consider, their
sole function being to fix the damages,
the costs following as a matter of law.
Tnls being 50, the question OF what they
int nutd To do does not affect the result.
While this has been rather expensive
ssvinuication" for the plaintiff, TINS YER
dict seems TO establish the fast that the
defendant spoke the slandsrous words al
legged, and that they were false. Viewing
the matter IN this lIgnt, the plaintiff and
his friends may well be content with the
result, aHd do not begrudge the defendant
any consolation he may be able 10 derive
from the situation in which the verdict
places him. Darling & Daring and Deni-
son appeared for tue plaintiff, and Stow,
Watson ana Harvey for the plaintiff.
The verdict ia the ABOVE case evidently
scared che parties and counsel in the other
cases sci for trial by jury,and all the other
cases on the jury calendar were otherwise
disposed Of. Several state cases which
were expected to be tried were continued
for various reasons, and the jury were
discharged Thursday. Below We give the
disposition OF all the cases on the docket
not heretofore reported, those not named
being continued.
Ransom, Forbes & Co. c. A. Blodgett
Plaintiff becomes non suit for failure to
prosecute.
State Fred d. Wilson. Not to be car
ried forward.
Leander c. Carpenter Almena p. Cook.
With court tor hearing and Judgment as
of this term.
A. $. Martvn S. A. Broughton & Trus-
tee. Plaintiff to procure report next term
or trustee discharged with costs
Chas. II Merrill Walter Fletcher, apt.
Judgment of justice affirmed, with interest
ana costs; certified execution ordered.
Morris a. Gale Chas. j. Bernard and
Trustee. With court for hearing ana
judgment as OF this term.
Black Mountain Granite Co. q. II.
Woods and same plaintiff III. G. Flan-
ders Referred to l. IA. Read to be heard
and decided according to law and equity.
Thacher Stone LYNN S. Hayes. Set
tied.
Eugene r. Darling q o. c. Clement. Re-
ferred 70 l.. NJ. Read, w. h johnson and
S. c. Shurtieff, to be heard and decided ac-
cording to Jaw.
Benjamin Dow c. E. Taylor and Trus-
tee. With court.
Minerva Ordway A. N. King a. Son.
With court tor hearing and judgment as
OF this term
Isaac d. Robinson Henry II. Martin.
Rule for bale to be complied with by
Feb. /, or non suit as Of this term.
State Leroy G.Tilson. Bench warrant
ordered; not to be carried forward.
Merton A. Hill V Laura A. Dickinson.
Settled.
H.H. Holt A p Ladd and others,
With court for hearing and judgment as
OF this term.
Richard Kennedy Perley w, Rogers.
This case was set for the jury by both
parties, but was tried by the court by
agreement. The plaintiff claimed to re-
cover for 33 hemlock trees cut by the de-
PENDANT from plaintiffs land, by trespass.
The defence was a plea OF license. The
court found for the plaintiff to recover
$3.50 and costs and ordered certified
execution. Exceptions by defendant.
Darling d Darling for plaintiff; Stow for
defendant.
Mary A. Clough Levi Clough. Dis
continued without prejudice.
Abbie G. Bliss V II. A. Webb Contin-
ued on terms as to plaintiff, and referred
to j. X. Darling.
Andrew Aitken Village of Wells Riv-
err Heard on an agreed statement of
facts, and without hearing and strictly
pro forma aujudged tnat the defendant
recover its costs. Exceptions allowed
plaintiff and cause passed to supreme
court Watson and Harvey for plaintiff;
Smith & Sloane for defendant
Bradford Savings Bank q Trust Co. V
Robert F. Straine and trustee. Removed
TO U ). circuit court.
l.. ID. Gale Joseph c. Trombley. Judg
ment for plaintiff to recover 80 and costs.
Fay for plaintiff; Lord for defendant.
John II. Watson Livia A. Lord. Judg-
ment for plaintiff on report as per report.
Plaintiff pro Sc; H. w. Parker for defend
ant.
Michael and Della Grumpy vC. w.
Eastman and others. Referred to j. ID.
Denison to be heard and tried according
to law.
Jonas Nj. Ganuett V Jackman Mfg. Co.
Discontinued by reason Of insolvency OF
defendant.
Richard Kennedy Sarah J. Birchmore.
Settled.
v
Harriet M. Gillette John A. Boswell.
Dismissed for want of jurisdiction.
State Al Cram. Mol pros by leave OF
court.
Eliza A. Fisher, apt, Alden Stevens
estate Judgment to account on defeDd-
ants declaration in Offset.
Hadley F. Higgins Cummings LUm-
Der Co. and Trustee. Discontinued.
L. d. Tillotson V John Murray and
Trustee. Judgment for plaintiff by de-
fault, clerk to assess.
Bradford Savings Bank and Trust Co.
Ely Copperfield Mining Co., and John ii.
Watson same. Discontinued.
Abbie II. Amsden VIM. Z. Clark, apt.
Settled as pei stipulation.
Mari q Gordon V o. V. Downing. TEls
was petition for stay of proceedings IN
o. V. Downing E. ID. Purvee, the plain
tiff in the last named suit having OBJ
tanned a judgment against the plalntihs
In the petition, as trustees, at the June
term. No less than five lawyers appeared
as witnesses fer and against the petition,
as well as the clerk of court and the JUS
tice of the peace before whom the suit of
Downing Purvee was originally