Morning journal and courier., 1884-12-03
THE COURT RECORD.
supreme Court of Errors.

The Supreme Court of Errors for New Ha- ven county opened in the Superior court room yesterday morning at 10 o'clock, Chief ] Justice Park presiding, with Associate Judges Carpenter, Loomis and Granger also on the I bench Judge Pardee was absent. The ses- ] sion was opened with prayer by Rev. Dr.
 Beardsley, of St. Thomas Episcopal church, Only nine cases were on the docket Of | these that of the Charter Oak Life Insurance company vs. Edward s. Rowland ct al, l Henry Futile vs Samuel H. Armstead and 1 George S. Cowen vs. Michael Blansfeld were not printed, and 80 went over to the next ' term.
 | The case of Rogers & Bro. vs. 0. B. Rogers 1 & Bro., plaintiffs appeal, was continued to | the January term of the Supreme court to be argued at Hartford The case is brought by Rogers & Bro., of Waterbury, against 0. B.
 Rogers & Bro., of Meriden, to restrain the use of the latter name upon silver plated spoons, forks and knives made by them. It ! is rehearing ordered by the court in Sep l tember.
 In the case of Homer r. Bassett, adrninis- trator, vs. Frank McKenna, a matter from Waterbury, Q similar disposition was made l and it will be argued at Hartford. The ease of the First Ecclesiastical society of West Haven vs. John Starr was submitted on briefs. This is an action to establish a
 boundary line by g creek which the plaintiff
 claimed had been filed up by the action of
 the tides, etc., and rendered the present one
 defective. Plaintiff also claimed the defend
 ant entered upon and occupied property
 owned by the society, which had an income
 of S200 per year. Damages were laid at
 $5, 900 on the last count and it was asked
 that the lost bounds be re-established. Judge
 Andrews at the last January term of the Su-
 perior court gave the plaintiff $1 damages
 and his costs, taxed at $52. .S6, and estab-
 ished the bounds asked for in the first
 count. From this judgment MT. Starr ap-
 pealed.
 Arguupnts were then made in the amica-
 ble case of Serene Armstrong and wife vs
 E. $. Wheeler ct al. in which it is sought to
 determine the riparian rights of these parties,
 who own adjoining properties on the east
 bank of the Quinnipiac river, north of the land of the New Haven Wire company,
 which properties extend from the shore off
 to the harbor line This is a new case. The
 plaintiff claims that in consequence of the ir-
 regularity of the shore the division lines on
 the river flats have become obscure, and
 that the defendant has already built
 a wharf which infringes on the plaintiffs
 rights, which work renders the off
 shore boundary still more uncertain. Plain
 tiffs asked for 0 line between these riparian
 estates, and an injunction upon the wharf
 building by the defendant. The case was
 tried before Luzon B. Morris as & committee
 in September The allegations in the com
 plaint were found not true. The case was
 then. at the request of the plaintiff and by
 consent of all parties, taken to the Superior
 court for advice and consideration. It in-
 wolves the possession of considerable now valuable property.
 The cases of the trustees of the old
 almshouse farm of New Haven vs. James B. Smith and of Isaac J. Gilbert and Jeremiah Woodruff vs. William s. Hotchkiss and
 wife were then taken up. It was decided to hear the first at Hartford next week Fri day. The latter was settled.
 In the Smith case the plaintiff claims the defendant owes $1, 800 with interest on a promissory note of $2, $50 given in Septem- Der, 1868. Damages are laid at s, 00O This case was sent to the Supreme court by agree | rnent of all parties. In the Hotchkiss case | the plaintiffs claim a lot of land in Derby of | which they claim to have been dispossessed ] and $2O0 damages. The plaintiffs are from Orange. They appealed from a Common Pleas court decision in May which gave 1 judgment for the defense.
 The court finished business and adjourned at 3 o'clock, closing up one of the short \ est terms on record in the history of New l Haven.