Volume 81 — Vermont Reports

Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1906, Butland County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This is an action to recover damages for an injury received by plaintiff who was employed by defendants as a quarry-man, in consequence of an accident to a derrick called “an incline,” in defendants’ slate quarry in Pawlet, Vermont.

Appeal in Chancery. Heard on tbe pleadings, including defendant’s cross bill for an accounting and a decree in his favor, and on the master’s report and exceptions thereto, at the September Term, 1907, Franklin County, Haselton, Chancellor. Motion to dismiss the cross bill overruled, and decree for defendant for $769.16, the balance found due him by the master, with interest and costs. The orator appealed.

Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at tbe March Term, 1907, Washing County, Miles, Chancellor. This is a petition to foreclose two mortgages. No question is raised in respect of the first mortgage, “the Cole mortgage.” All the material facts regarding the second mortgage, the “Wells mortgage,” are stated in the opinion.

<p>Bills and Notes — Checks—Indorser—Liability—Holder’s Default of Seasonable Presentment and Notice — Effect.</p> <p>The considerations on which the holder of a check drawn without funds is permitted, as against the drawer, to excuse his failure seasonably to present it for payment, are not applicable to an indorser.</p> <p>An indorser’s liability is impliedly conditioned on prompt presentment and notice of nonpayment, and failure therein will discharge him, regardless of whether presentment in due course would have been ■availing.</p> <p>In default of seasonable presentment and notice, an indorser of a check drawn without funds can be charged only by affirmative proof that he knew when he passed the check that there were, or would be no funds in the bank to meet it.</p>

<p>Information for bigamy. Heard on demurrer to the information at the September Term, 1907, Orleans County, Miles, J., presiding. Demurrer overruled and information adjudged sufficient, pro forma. The respondent excepted.</p> <p>The information alleges that, on April 20, 1891, in this State, one F. Caswell duly obtained a divorce from his wife Vina; that on April 21, 1892, in this State, said Vina and Albert Sartwell intermarried; that on July 5, 1898, in this State, said Albert Sartwell and the respondent, duly and legally intermarried, “the said Vina then and now being alive and no legal separation of the said Albert and the said Vina have taken place or occurred heretofore”; that on March 30, 1907, in this State, “and while the said Albert Sartwell was still living and while the marriage of said Albert and” the respondent “was still of binding force and effect,” the respondent and one Bert Blake “were duly joined in marriage,” etc., whereby the respondent then committed the crime of bigamy.</p> <p>As the marriage of Vina to Sartwell, within three years after her former husband obtained a divorce from her, does not come within V. S. 2658, making it “void without decree of court or other legal process,” it is governed by the provisions of the common law applicable to void marriages, namely, that they are in full force till annulled by a “decree of court or other legal process.” LeBarron v. LeBarron, 33 Yt. 364; Giddings v. Smith, 15 Yt. 344; Nash v. Harrington, 2 Aik. 9; Wightman v. Wightman, 4 Johnson’s Chan. Rep. 346; Park v. Barron, (G-a.) 65 Am. Dec. 644; Crawford v. State (Miss.) 35 L. R. A. 224.</p>

Watkins. Lucinda Watkins, proponent. Betsy E. Scott and E. W. Watkins, contestants. Trial by jury at the June Term, 1907, Windsor County, Waterman, J., presiding. Held: “that a man shall make liberal provision for his wife is not unnatural but is a duty.” Orth et al v. Orth et al. 145 Ind. 184, 208; In re Lyddy’s Will, 5 N. T. Supp. 636; McMechen v. McMechen, 17 W. Ya. 683; Herbert v. Berrier, 81 Ind. 1; Webber v. Sullivan, 58 Iowa 260.

Assumpsit, under P. S. 3667, to recover for expenditures for the burial of a pauper. Heard on an agreed statement of facts at the December Term, 1906, Lamoille County, Miles, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The opinion states the case. The liability of a town for the support of paupers is wholly statutory, and such statutes are to be strictly construed.

Book Account. Plea, the general issue. Trial by court at the September Term, 1907, Washington County, Waterman, J., presiding. Judgment for plaintiff for the amount of Ms account down to the time that the ease in question went to the Supreme Court, with interest only on the balance of the whole account to that time, and costs. The plaintiff excepted.

Assumpsit by a client for money collected by Ms attorney. Pleas, the general issue and the Statute of Limitations. Replications, similiter, and fraudulent concealment of the collection by the attorney’s silence. No rejoinder. Trial by court at the March Term, 1907, Rutland County, Waterman, J., presiding. Judgment for defendant. The plaintiff excepted. The opinion states the case.

Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at the June Term, 1906, Caledonia County, Waterman, Chancellor. Exceptions overruled, pro forma, and, pro forma, decree for the orator “in accordance with the prayer of the bill.” The defendant appealed. The master reported that the $20.21, for which the tax collector sold the land in question to the defendant, was the amount of the unpaid tax thereon, with costs.

Case for negligence. Plea, the general issue: Trial by jury at the June Term, 1906, Orange County, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The exceptions do not show whether the court instructed the jury to disregard plaintiff’s improper answer. The opinion states the case.

Case for negligence. Plea, the general issue. Trial by jury at the' June Term, 1905, Caledonia County, Munson, J., presiding. Yerdiet and judgment for the plaintiff. The defendant excepted. The plaintiff is the surviving mother of Homer A. Mc-Duffee, and the administratrix of his estate. He left neither father, nor wife, nor issue.

General Assumpsit on a fire insurance policy. Pleas, the general issue, and five special pleas in bar. Heard on special demurrer to the-plaintiff’s replications to defendant’s third, fourth,' and fifth special pleas in bar, at the June Term, 1906, Orange County, Tyler, J., presiding. Demurrers overruled, and replications adjudged sufficient. The defendant excepted. The opinion states the substance of the pleadings in question.

Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1906, Washington County f Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The exceptions state that: “The plaintiff introduced one Waterman as a witness, who said he was at the bridge a week or so after the accident, and just stopped and looked it over a little.

Appeal in Chancery. Heard on demurrer to the amended bill, at the September Term, 1905, Rutland County, Watson, Chancellor,. Demurrer sustained, amended bill adjudged insufficient and dismissed. The orator appealed. The opinion sufficiently states the ease.

General and Special Assumpsit. Plea, the general issue. Trial by court at the June Term, 1907, Caledonia County,-Miles, J., presiding. Judgment for the plaintiff to recover the full contract price. The defendant excepted. The opinion states the case. The court found that the defendant never took any instructions from the plaintiff; that the defendant gave the plaintiff notice that he would not go on under the contract, and that the plaintiff suffered no damages thereby.

Case for alienating the affections of plaintiff’s wife. 'Pleas, the general issue and two special pleas in bar. Heard on special demurrer to the first special plea, at the June Term, 1907, Caledonia County, Miles, J., presiding. Demurrer overruled, and plea adjudged sufficient. The defendant excepted.

Davis and Louisa Hudson against R. C. , Abell and another for an accounting by said Abell as trustee and for distribution to the petitioners as remaindermen under the will of Theodore Cary. Heard on motions to dismiss the petition at the September Term, 1907, Rutland County, Rail, J., presiding. The petition shows that, other than the formal parts, Theodore Cary’s will contained three paragraphs.

Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, 'at the June Term, 1907, Windsor County, Waterman, Chancellor.

, Case for death by wrongful act. Plea, the general issue. Trial by jury at the March Term, 1907, Butland County, Waterman, J., presiding. Verdict directed for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. While the employee assumes the risks ordinarily incident to the business, he does not assume an extraordinary or unusual risk, arising or existing by the negligence of the employer, unless he knows and comprehends that risk.

Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1907, Washington County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. This defendant is not chargeable with any negligent acts of its predecessor in the construction of embankment or culvert without notice of such defect, and request to remedy the same. Penruddock’s case, Coke’s Rep. Abrdg. 176; Peoria & Pekin By.

General Assumpsit against the Rutland Savings Bank to recover money deposited by plaintiff’s testatrix. H. Isabell Creaser, the testatrix’s daughter, and claimant of the fund, was made a party defendant, under P.- S. 4641. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Powers, J., presiding.

General Assumpsit for taxes paid under protest. Plea, the general issue. Trial by court at March Term, 1907, Franklin County, Haselton, J., presiding. The court held all the property in question to be subject to taxation and entered judgment for the defendant to recover its costs. The plaintiff excepted. The opinion states the ease. Plaintiff’s electric light plant is property “devoted to a public use,” and so exempt from taxation. Am. & Eng.

Appeal in Chancery. Caledonia County. This is a bill in equity praying for tbe validating and enforcing of an informal mortgage, or that it be treated as an equitable mortgage and enforced as sucb.

Petition eor Divorce, on the grounds of intolerable severity and refusal to support. Trial at the June Term, 1907, Caledonia County, Miles, J., presiding. Divorce granted for intolerable severity, with an allowance of $1,150 alimony. The petitionee excepted. The opinion states the case.

Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Tyler, J., presiding. Verdict directed for defendant, and judgment thereon. The plaintiff excepted. The opinion fully states the case. After a view of the premises by the jury, the court cannot say, as matter of law that there was no evidence tending to show due care by deceased. 2 Wig.

Case for negligence. Plea, the general issue. Trial by-jury at the September Term, 1906, Rutland County, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This case has been once before in the Supreme Court. See 78 Vt. 244 for a full statement of the facts. It was error to allow plaintiff, on direct-examination of his own witness, to confront him with his testimony on the former trial.

A. Clark praying for the removal of Sayles Nichols and Gardner S. Wainwright from their trust as executors of the will of Harriet C. Peck. Trial by court at the March Term, 1907, Chittenden County, Hall, J., presiding. Judgment that the petition be dismissed with costs to the petitionees. The petitioner excepted. See In Re Peck’s Estate, 80 Yt. 469, and Clark et al. v. Peck’s Exrs., 79 Yt. 275.

Special Assumpsit. Plea, the general issue. Trial by jury at the August Term, 1907, Grand Isle County, Hall, J., presiding. Verdict for the defendant to recover his costs, and judgment thereon. The plaintiff excepted. The plaintiff moved the court to set the verdict aside on the grounds recited in the opinion. Motion denied, to which plaintiff excepted. The opinion states the case.

Petition by a landowner, under V. S. 3314-, for the appointment of commissioners to assess damages for land taken by selectmen for a highway that the Board of Railroad Commissioners ordered the town to construct for the purpose of eliminating certain railroad crossings. Heard on motion to dismiss the petition for want of jurisdiction, at the September Term, 1907, Franklin County, Miles, J., presiding. Petition dismissed. The petitioner excepted. The opinion states the case.

Case for libel. Heard on special demurrer to tbe declaration at September Term, 1907, Washington County, Waterman, J., presiding. Demurrer sustained, and declaration adjudged insufficient. The plaintiff excepted. The opinion states the case. The words “on or about” are not fatal, as was expressly held in Hoyt v. Smith, 32 Yt. 304. See also 2 Swift’s Dig. 423; Stephen PI. 292; 25 Cyc. 468, and note; Cummins v. Butler, 3 Blaekf.. (Ind.) 190.

General and Special Assumpsit for tbe tuition of four children. Plea, the general issue. Trial by court at the March Term, 1907, Rutland County, Waterman, J., presiding. Judgment for the plaintiff to recover $105.42, the. amount of the Biley children’s tuition, with interest and costs. The defendant excepted. The opinion states the case. There was no notice given of a purpose to charge the expense to defendant.

Replevin for beasts impounded. Heard on general demurrer to plaintiff’s plea in bar of defendant’s avowry, at the December Term, 1907, Windsor County, Powers, J., presiding. Demurrer overruled and plea adjudged sufficient. The defendant excepted. The opinion recites the pleadings in question. Defendant’s cultivated enclosure did not join plaintiff’s land, hence plaintiff was not bound to fence his enclosure, but defendant was bound to restrain his beasts.

General Assumpsit begun by trustee process. Heard on the report of the Commissioner appointed to take the trustee’s disclosure, and on the trustee’s motions to set aside the report and for the discharge of the trustee, at the March Term, 3907, Essex County, Taylor, J., presiding. Motions overruled, and judgment on the report for the plaintiff against the trustee. The trustee excepted. The opinion states the case.

Appeal in Chancery. Essex County, March Term, 1907, Taylor, Chancellor. Heard on the pleadings and findings of fact, made by a chancellor under No. 62, Acts 1906. Decree dismissing the bill with costs to the defendants. The oratrices appealed. The opinion states the case. The decree in the foreclosure case constitutes a cloud on the oratrix’s homestead and should have been set aside.

Quo Warranto, under P. S. Chap. 97, against the respondents as License Commissioners of the town of Corinth, brought to the Supreme Court for the County of Orange, May Term, 1908, and then heard on the pleadings and an agreed statement.

General Assumpsit. Plea, the general issue. Trial by jury at June Term, 1906, Lamoille County, Powers, J., presiding. Verdict ordered for defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Forbearance to sue was a sufficient consideration for deceased’s promise to pay the note. Templeton v. Bascom, 33 Vt. 71; Hakes v. Hotchkiss, 23 Vt. '231; Hill v. Smith, 34 Vt. 535; ■Ballard v. Burton, 64 Vt. 387; 7 Cent.

Ejectment. Essex County, June Term, 1907, Miles, J., presiding. Heard on the defendant’s motion to dismiss the writ, and on the plaintiff’s motion for judgment. Each motion was overruled, and thereupon the plaintiff requested a trial on the merits, which was denied. Eiach party excepted. The opinion states' the case.

Information for an escape. Washington County, March Term, 1908, Hall, J., presiding. First heard on demurrer to the information. Demurrer overruled and information adjudged sufficient. Eespondent excepted. Exception ordered to lie, and respondent allowed to plead over. Plea, not guilty. Trial by court on an agreed statement signed by the State’s Attorney and the respondent, who waived a trial by jury. The respondent moved for judgment of acquittal on the agreed statement.

General Assumpsit. Heard on the defendant’s demurrer to plaintiff’s surrejoinder, at March Term, 1907, Essex County, Taylor, J., presiding. Demurrer overruled and surrejoinder adjudged sufficient; whereupon judgment was rendered for the plaintiff to be satisfied solely from the property attached. The defendant excepted. The opinion recites the substance of the pleadings in question.

Information for illegally selling and furnishing intoxicating liquor. Plea, not guilty. Trial by jury at the December Term, 1907, Windsor County, Powers, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The opinion states the case.

Case for malpractice. Plea, tbe general -issue. Trial by jury at the March Term, 1907, Essex County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. , It was error to allow plaintiff’s expert to state whether the. use of horse liniment is good surgery; “Good surgery”'is not the standard by which to test defendant’s treatment.

Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, at the December Term, 1905, Lamoille County, Munson, Chancellor. Decree dismissing the bill with costs. The oratrix appealed. This case has been once before in the Supreme Court. See 76 Yt. 212. The bill was served October 9, 1902.

<p>Equity — Wills—Construction—Necessary Parties — Beneficiaries of Trust Estate — Municipal Corporations and Inhabitants Thereof Distinguished.</p> <p>Where a wiil made the inhabitants of certain municipalities beneficiaries of a trust estate, those beneficiaries are necessary parties to a bill in equity to construe the will, although the municipal corporations accepted service and appeared by their solicitor; since such corporations are not the same as their respective inhabitants, and do not bear the same relation to the will.</p>

Petition for Mandamus to compel payment of a warrant drawn on tbe treasurer of the city of Rutland by its school commissioners, brought to the Supreme Court for Rutland County at its May Term, 1908, and then heard on the pleadings.

<p>Equity — Master’s Report — Evidence Before Master — When Considered on Appeal — Questions of Fact — Conclusions of Master — When Final.</p> <p>The Supreme Court cannot consider evidence before a master which is neither attached to his report nor made a part thereof; and sending up minutes of evidence neither incorporated in his report nor there referred to has no effect whatever.</p> <p>Where the facts detailed by a master tend to cast no doubt on. the validity of his conclusions, and the evidence before him cannot be considered to determine whether it supports his conclusions, because not made a part of his report, those conclusions must stand as facts.</p>

Assumpsit by trustee process for the collection of taxes assessed against the defendant in the town of Fair Haven on the grand list of the year 1902. Plea, the general issue. Trial by jury at the September Term, 1901, Rutland County, Munson, J., presiding. At the close of all the evidence defendant moved for a directed verdict on the grounds recited in the opinion. Motion denied, to which the defendant excepted. Verdict and judgment for the plaintiff. The defendant excepted.

Case and Trespass against physicians for malpractice. The defendant Bosselle defaulted. 'The defendant Brock pleaded the general issue. Trial by jury at the March Term, 1907, Chittenden County, Hall, J., presiding.

Case for negligence. Heard on general demurrer to plaintiff’s replication to defendants’ plea of a release of the claim, at the December Term, 1907, Bennington County, Haselton, J., presiding. Demurrer overruled and replication adjudged sufficient. Defendants excepted. Case passed to tbe Supreme Court before final judgment. The opinion states the substance of the pleadings in question.

Assumpsit with trustee process. Heard on the report of a commissioner appointed to take the disclosure of the trustee, at the September Term, 1907, Washington County, Waterman, J., presiding. Judgment for plaintiff against the trustee for $10,074. The trustee excepted. The opinion states the ease.

Case for negligence. Plea, tbe general issue. Trial by jury at tbe September Term, 1907, Orleans County, Taylor, 3., presiding. Verdict and judgment for tbe plaintiff. Tbe defendants severally excepted. At the close of all the evidence each defendant moved that a verdict be directed for it on the grounds recited in the opinion. Motions overruled, to which the defendants severally excepted. The opinion fully states the case.

Appeal In Chancery. Heard on the pleadings, master’s report and exceptions thereto, and motion to strike the cross-bill from the files, at the March Term, 1907, Essex County, Taylor, Chancellor.

Information for Adultery. Plea not guilty. Trial by jury waiyed, and trial by court on an agreed statement of facts, at the December Term, 1907, Windsor County, Powers, J., presiding. Judgment, guilty, and sentence thereon. The respondent excepted. The opinion states the case. In the circumstances of this case the respondent should have been acquited.

Appeal in Chancery. Heard' on the pleadings, master’s report and exceptions thereto at the March Term, 1906, Washington County, Rowell, Chancellor. Decree, strictly pro forma, overruling the orator’s exceptions, sustaining the defendant’s exceptions and dismissing the bill with costs. The orator appealed. This case has been in the Supreme Court three times before. See 75 Yt. 243; 76 Yt. 385; and 79 Yt. 449.

General Assumsit for goods sold and delivered. Plea, the general issue. Trial by jury, at the March Term, 1907, Rutland County, Waterman, J., presiding. Verdict and judgment for the plaintiff.

General Assumpsit in tbe common money counts for logs and lumber sold and delivered. Pleas, the general issue with notice, and payment. Trial by jury at the March Term, 1906, Orleans County, Watson, J., presiding. Only special verdicts; judgment thereon for the plaintiffs. The defendant excepted. At the close of all the evidence the defendant movéd for a directed verdict in his favor on the following grounds:— “First.

Information for cruelty to animals. Plea, not guilty. Trial by jury at the June Term, 1908, Lamoille County, Haselton, J., presiding. Verdict, guilty; and judgment and sentence thereon. The respondent excepted. The respondent moved in arrest of judgment for that “the information charges the respondent with thirty several, separate, and distinct offences in each count, to wit, thirty cows.” Motion overruled, to which the respondent excepted.

Information for false pretences. Heard on demurrer to the -information at the June Term, 1908, Orange County, Waterman, J., presiding. Demurrer overruled, and information adjudged sufficient. The respondent excepted. The opinion states the substance of the information. The allegation, “as his, the said Ricker’s property,” is not an allegation that the respondent pretended that he owned the check, or if he did, that it was of any value, or that it would be delivered to Rowell.

Special Assumpsit for damage caused by the payment of freight charges exacted in violation of P. S. 4485. Heard on general demurrer to the declaration at the September Term, 1907, Washington County, Waterman, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The defendant excepted. The opinion recites the material allegations of the declaration. See next following case.

Case for damage caused by alleged discrimination in freight charges in violation of P. S. 4486. Heard on general demurrer to the declaration at the September Term, 1907, Washington County, Waterman, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The defendant excepted. The opinion states the material allegations.

Tresspass and Case for damages resulting from -unmooring the plaintiff’s sloop from the defendant’s dock. Heard on general demurrer to each count of the declaration, at the March T'erm, 1908, Chittenden County, Haselton, J., presiding. Demurrers overruled, and each count adjudged sufficient. The defendant excepted.

Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1904, Butland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.

Trover for a quantity of maple sugar. Plea, the general issue. Heard on an agreed statement of facts at the June Term, 1908, Lamoille County, Haselton, J., presiding. Judgment for the defendant to recover his costs. The plaintiff excepted.

Appeal by J. E. Cusbman, as Commissioner of State Taxes, from a decree of the probate court as to the amount of collateral inheritance tax for which the estate of Nancy M. Meadon is liable. Heard on an agreed statement of facts at the March Term, 1908, Rutland County, Taylor, J., presiding. Judgment, affirming the decree of the probate court, that the rebate be allowed for the full amount of the foreign tax, including the discount allowed for prompt payment.

Debt founded on P. S. 5644 for the value of sheep killed by dogs. Plea, the general issue with notice. Trial by jury at the June Term, 1908, Addison County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The following are the instructions requested by defendant and referred to at the end of the opinion as having been refused:— “1.

Appeal by tbe administrator of Josiah Cowles’ estate from the allowance by the commissioners of a claim presented by the decedent’s son, J. E. Cowles. Declaration, general assumpsit in the common counts. Pleas, the general issue and Statute of Limitations. Trial by jury at the December Term, 1907, Addison County, Miles, J., presiding. Verdict and judgment for the claimant. The defendant excepted.

Appeal by the heirs of Sarah J. Baker from a decree of the probate court that her surviving husband had legally waived the provisions in his favor contained in her will. Heard on an agreed statement of facts at the March Term, 1908, Washington County, Hall, J., presiding. Judgment affirming the decree of the probate court. The appellants excepted.

Debt for taxes alleged to be due on assessment made by P. S. 713. Heard on agreed statements of facts at the August Term, 1908, Grand Isle County, Haselton, J., presiding. Judgment in each case for the plaintiff. The defendant is each case excepted. The opinion states the case. The exceptions in both eases were heard together.

Porter presented against the estate of Frances P. Everts. James A. Merrill, executor, appellant. Declaration, general and special assumpsit. Plea, the general issue. Pleard on the report of a referee, and exceptions thereto, at the September Term, 1905, Rutland County, Watson, J., presiding. Exceptions overruled, and judgment for plaintiff for $2,065.71, with interest from September 29, 1903. Plaintiff excepted.

Appeal, in Chancery. Heard on demurrer to the bill at the September Term, 1902, Washington County, Watson, Chancellor. Demurrer sustained, bill adjudged insufficient and dismissed. The orator appealed. The opinion states the case. See Findlay v. Union Mutual Fire Ins. Go., 74 Vt. 211.

Appeal in Chancery, bleard on demurrer to the bill at the March Term, 1908, Washington County, Hall, Chancellor. Demurrer overruled, and bill adjudged sufficient. The defendant appealed. The opinion states the case. See next case. The one idea underlying the validity of a local assessment is benefit received by the property from the making of a local improvement.

Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1908, Washington. County, Hall, Chancellor. Decree, pro forma, overruling the demurrer and adjudging the bill sufficient. The defendant appealed. The opinion fully states the case. See the last preceding case.

Petition, under P. S. 3908, to have the city of Montpelier fined for not performing an order of the county court as to making a street. Heard on the report of a referee, at the March Term, 1908, Washington County, Hall, J., presiding. Judgment, pro forma, that defendant had not performed said order, and fining it so much, to be expended in making the street as described in the report of the commissioners in the original case. The defendant excepted.