The Barre daily times. (Barre, Vt.) 1897-1959, 1911-03-24
To Permit the Plaintiff to
Amend Its Declaration
ORANGE RESERVOIR SUIT
Attorneys for Municipality Objected to
Proof of Contract with Long & Co.,
Claiming Wrong Action Was
Brought--0ther Cases Up.

The case OF Joseph Long & Co. vs. City
Of Barre was called in Washington coun-
ty court this forenoon After state,
ment Of the ease to the jury by the
plaintiffs attorney, Mr. Mackenzie OF
the firm of Long g. Go. was sworn in
He testified to the contract entered into
between them and the city regarding
the construction OF the storage reservoir
on the Orange brook water supply.
At this point the defendants attor-
neys objected to any proof Of contract,
claiming that action OF covenant should
have been brought instead OF assumpsit.
The plaintiffs attorney stated that in
one view OF the ease. asslmpstt was
the proper remedy. but that in another
view covenant WAS proper: that at the
time OF the bringing of the suit cove
uant and assumpst could not be joined,
but that since the legislature had passed
an act allowing for this very thing,
and to prevent long siege between
county court aud supreme court as to
the proper action. he moved TO De al
lowed to add count in covenant under
the new statute.
This motion WIS granted by the court
on terms, and then the suit of Long &
Co. was continued 10 the next term.
The amount in question i about 5000
there being two bills Of about $500 each,
which the plaintiff claims to be payable,
one being for an overflow and tile other
for filling, s. HolIister Jackson appeared
for the plaintiff and City Attorney f., l..
Scott for the defendant municipality.
The firm of Long 4 Co. is now engaged
in changing the river.bed in this city.
Following this action. the jurors were
dismissed until Monday afternoon at ?
O'Clock. II. Lundy, charged with adul-
terry, was brought in this forenoon and
bail was fixed at $1,000 ~ Monte was
also brought in on the charge Of selling
Monte was mp yesterday afternoon aud
he left before the proceedings were over
bail not having been fixed So the Off
GERS had to 90 ont this morning aud
hunt him up and tell him that there was
still something to settle. When be was
brought in this forenoon bail was fixed
and furnished so hr was allowed ia 60
Other cases i'm which bail was fixed
yesterday afternoon were as follows:
William Celley arson, 81 ,0o0, no bond.
rcmandcd TO await trial: Mary Dunlop,
adultery. $500, no bond William Wag-
nor. Illegal deer killing. 5000, no bond;
r. r. Gordon. counsel; George Z. Me
grath. selling, $500 C. n Phillips. bond;
TclespI Arronte. keeping $500, C.. G,
Taft, bond; Louis Gordon keeping. J..
T. Brooks. bond: Henry Cerro. keeping,
$500, Waldo Farrar, bond Mary Mona
han obtaining goods under false pre-
lenses. 500. f. /. Laird assigned no
bond; Larry Sweeney. obtaining goods
under false pretenses. i. l., Laird as.
signed no bond. Bail was fixed at $500
and furnished in the following liquor
cases against John Gallagher. Sam Cog
MI f. Pichetti Charles Zoki and f.
Macchi
These divorce cases have been entered
for hearing this term; Harriet r. Sun
vs. Harlie L. Sun; Elizabeth c, Chase
VS. Guy NJ. Chase; Alice NJ. Brown VS..
William J. Brown; Joseph n. Badord We.
f. Badord; Win Clark vs.. II
len Clark: John Arioli vs.. Annette Ari-
oil; Mary II. Parker rs. Charles IT,
Parker. j. G. Wing is counsel for the
petitioners Esther c. Collins vs.. w. O..
Collins; David W. Mann vs.. Mary Mann