Morning journal and courier., 1880-01-27
The Court Record.
Supreme Court Decisions,

Arthur D. Osborne, clerk of the court, yesterday ceved the following decisions in heard Ds- ceber term of the Supreme Court 1879, held in this city.
 George E. Maltby ct al John 0. Hollister, adm., etc. Ingerson and Beach for appellants; Harrison and Morris for appelees. The Superior Court is ad- vised to render judgment for appeleee. Opinion by Judge Carpenter. This was case involving the dis
 ribution of the estate of Elnathan Atwater and his daughter Margaretta Atwater, to whom willed by her father one-fourth of his estate. 1hs had before been to the Supreme oour which decided that Margaretta Atwater in her will did not exercise the power of appointment provided in Elnathan Att waters Will that part of the estate held in trust for her, and that her heirsa law entitled to ceve the game by distribution. The Probate Court then ordered distribution to the two sisters of the deceased. Again appeal taken to the Superior Court by George E. Maltby and others, and by that court reserved for the opinion of the Supreme Court and with the above result.
 State vs. Shelton. W. B. Stoddsrd and E. H. Rog CTS for plaintiff; Hamilton for defendant. The Supe rior Court advised that the plea bar insufficient Opinion by Judge Granger The facts in this case briefly stated follows In April, 1866, the defend ant obtained from the Commissioners of the School Fund loan of ss oOO, giving security mortgage deed certain real estate in this city. Neither the principal interest paid according 10 spulations and the mortgage forec.ozed. The brought to the September term of the Superior Court Q879) when the defe ndant made 8 special plea in bar the ground that he had received dischar se bankruptcy under the the United States To this the plaintiff made that the plea insufficient in law. After . full hearing the questions of law arising thereon served for the Supreme Court of Errors. Ths dect- sion above given ia important one.
 Castle .vs. Lawlor. Kellogg Terry for plaintiff, Webster O'NeiI for defendants. The court finds no error. Reasons by Judge Carpenter. This is which the plaintiff claims to have been elected col lector of of the town of Waterbury the first Monday of o4tober, 1878; that he duly qualified on the first Monday of January following, and on mak- ing demand of the defendant certain bills city taxes the defendant refused to deliver them the ground that his term of office had not expired. The tried in the September term of the su- perior Court 1s79}, and peremptory mandanus was issusd against LaWlor commanding him to deliver to the petitioner ead rate bills for the years 1S75 1878 and 1877. The respondent aggrieved st the rul- ings decisions of the court and his motion the record was transmitted to the Supreme Court of Er TOTS for the revision of the therein contained
 Rowland vs. Fowler. Hamilton for plaintiff, Charles H. Fowler for defendant. The court recommends new trial. Reasons by Judge Pardse. This was a suit on note given by the defendant, D. William Fow- Ter of East Haven, to New Hampshire company said to be engaged in the manufacture of agricultural plements. The note came into the hands of E. 8. Rowland of this city, who discounted in good faith for the agent of the company The defendant claimed that the note obtained by fraud and refused to pay it when it became due. suit followed and the was tried before jury who decided in favor of the defendant The plaintiff being aggrieved at the decision appealed to the Supreme Court with the re- suit as above given.