Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-12-12

BENNINGTON, Dec. Sin County Court
Saturday afternoon Judge iiuwcll acting
as councillor called w the petition Of
States Attorney Shakshobcr requesting
temporary inJuuCtiuuS IN owners ana Oc-
cupants of buildings where liquors have
been sold, to prevent the sale and make
the places a nuisance. The petitions are
twenty in number.
Attorncy vs. NJ son and Guiltiran for the
defendants entered a motion TO have the
chancellor dismiss the petitions on the
technical grounds that the original papers
ON which they were filed were not legal
cap size, eight by twelve and Onc-halt
inches, being short of the latter figures.
The Judge refused to dismiss the petitions
for the reasons given 10y he counsel for
defendants, and announced that he would
give his decision on the same Saturday,
Dccomhor IT.
In view Of the widespread interest in
the case Of Livingston ". Page the fun
text OF Judge itoWolrs opinion is publish
I'd.
James II. Livingston VS.. Carroll $. Page,
BENNINGTON County Court, December tell m,
by the court.
Tho defendant moves for 4 verdict. for
that the contract as claimed and set up by
the plaintiff, is a"inst public policy and
therefore void and tho defendant invoices
til" maxim, ''That from u corrupt cause
no action arise. 1t is said on the part of
the plaintiff. TINT in considcriug this mo-
tiun the Court can look only to the cor
resi- ondcncc tlnt has been introduced IN
evidence, and cannot cousiicc the oral
testimony of IN. plaintiff. Iut We 10 lot
understand than to be the rule. \ motion
Tor a verdict is equivalent to a. demurrer
TO- the evidence. 1t is an admission on
the part of the mover, for the purposes of
tine motion, that the testimony, and the
claim of the plaintiff based upon it, are
true. 1t is in fact saying that, conceding
all YOU claimed abou, it. YOU cannot re-
cover. So think that upon this motion
the p|laintiff : entire testimony in the case
should be taken into consideration. And
the question Is. whether the contract as
he claims 1t and sets it up, is in contra
Vention of public policy.
Nichols case in - vi. seems to be
a leading case in this country upon the
subject of contracts for the exercise of
political il fucncc for pccuniarV reward:
and the only real doubt about this matter
is whether the duct rinr of that case is
applicable here. In that case the plaintiif
wanted to represent the town of Westrold
i'm the General Assembly. lie was "A re-
| publican, and aUulird to the defendant
who was Il Democrat. and wanted he
should do what he could to promote his
election. The defendant owed him $50.
and The plaintiff agreed that if he was
4 elected he would discharge the debt.
Thorernou tho dot.ndant IA 10 r.hn, ~.
could. Tie nov only voted for the ulain-
4 tiff Lut .varcisod hi, ;rnu.r.o /, ath",
rcspoots tn nrn,no,n hi, nI.otion. ard a.
for ol..t,r mo ,I,irtice s,,.l -, Iac ~
4 AMI ON that account ana tbn dof.udort
4 e.t mn tbot ror, ,,,, nc I.fn,so 'm.t
4 urn,lnI if and tb,. C,,r, .,hi tbat 81. lnn
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cortarinntod tha ""' 'm.
voter is hnund ~ ,.a Vi. 49,. N,i'
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pond il is ,nrr,u. and 49,
void nv,n thn,,,h i, tha 80 ~,