Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-12-29
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rME COURr RECoRD.
superior Court Civil Side 80 Judge
Andrews.


Andrews.
A short calendar session was held yester-
day, with Judge Andrews on the bench. On
account of the retirement of Judge Henry
Stoddard and the serious illness of Judge
Sanford, much business had accumulated on
the dockets of all the higher city courts in
the State; but yesterday the lawyers got
their business in some sort of shape. A bar
meeting was held after the assignment of
cases. The Supreme courts sits in New Hs-
ven twice year, but owing to lack of Supe-
rior court judges it has been 80 that most of
the business has largely come before the
June term of the court Ex-Judge Lynde
Harrison called the attention of the bar to
that fact and stated that some change be
made whereby the bulk of the work would
not come in the heated term. On his motion
General Stephen W. Kellogg of Waterbury,
Prof. Simeon E. Baldwin and ex-Judge
Lynde Harrison were appointed committee
to look into the matter and report. Judge
Harrison then called the attention of the bar
| to the fact that something ought to be done
| to increase the number of judges. John w.
A1ling, William L. Bennett, Lynde HarIi-
| son, Prof. johnson T. Platt and Prof. w. K.
Townsend were appointed committee to
| appear before the incoming legislature and
| judiciary. Some of the gentlemen who have
been mentioned for the Superior court bench
| are John II. Hall of Willimantic, Judge Hall
| of Bridgeport, Messrs. Thayer and Lucas of
| Norwich, Messrs. Cole and Prentiss of Hart
/ ford, Judge Hungerford of New Britain,
John O'Neil of Waterbury, E. P. ArVine,
Henry G. Newton and Charles S. Hamilton
| of this city.
| Bristol VS.. Kimberly = Parsons.
The case of Henry L. Bristol VS.. Kimberly
& Parsons was again brought up. The plain
tiff sold his livery stable to the defendants
and promised, should he go into the same
business within a year, that the defendants
| should not pay the years rent. The defend
| ants claim that he broke the contract and
| refused to pay two months rent; hence the
plaintiff brought suit to summarily eject
them Justice Pond decided for the plaintiff
and an appeal was taken. Yesterday the de-
murrer was argued, Attorney Case for the de-
tense claiming the violation of contract by
| Bristol and the right to enforce the penalty
agreed upon. Attorney Arvine took the OPP
posite ground.
No Accounting Made.
Judge Sheldon, representing Milton j.
Stewart, who formerly owned East Rock,
asked the court to order Horace Hoadley to
make an accounting in the settlement of the
Stewart estate. The property has been in
Mr.. Hoadley's hands for two years, according
to Judge Sheldon, and no account has ever
been rendered.
Tro wbr1dge VS.. TrOVvbr1dge.
The suit for divorce of Rutherford Trow-
bridge against his wife, Alice Anderson
Trowbridge, was called and argued on the
p1eadings. Plat, Tyler and Moran and Prof.
Simeon E. Baldwin appeared for the plain
tiff, and DoolittIe and Bennett for the defen-
dant Mr. Platt moved that the answer of
the defendant be stricken out because the
counsel failed to sign his name to it, Mr..
Doolittle started in lively way to argue the
matter, but Judge Andrews thought he had
better sign. Mr.. Doolittle had no objection
to doing so, but he wanted to show the other
aide that by law he was not compelled to do
Mr.. Platt wanted to have certain parts of
the defendants answer stricken ont, as he
claimed they were scandalous. Prof. Baldwin
desired that his honor take the papers and
have them read and argued in private. Mr..
Doolittle objected, saying he wanted the case
tried in open court. Mr.. Doolittle said: 'iThe
plaintiff alleges a matrimonial oFense and
we have answered by alleging two matrimo-
NAL offenses, intolerable cruelty and drunk
enness." On motion of Mr.. Doolittle Judge
Andrews ordered that the plaintiff state more
specifically when the defendant had been
guilty of infdelity. Mr. Doolittle gave notice
that he should later on move for an allowance
from the plaintiff for his client. Next FRI
day was set down as the day for the argu-
ments.
Carr VS.. FOote.
The case of Maria D. Carr VS.. Enos Foote |
also came up. The plaintiff brings suit
through Attorney Charles s. Hamilton to |
make the defendant return three Metropoli- |
tan Elevated railroad bonds, worth about |
$4,000 to her, which Ehe claims he frsudu- |
lently appropriated for his own use. One
suit was brought in the Court of Common |
Pleas and judgment rendered for the plain |
tiff, which the Superior court affirmed. Then
this suit was brought two years ago, but only |
lately did the defendant file an answer. |
Mr.. Hamilton moved that the defendants
answer be stricken out on the ground that it
was an action of tort. Ex-Judge Stoddard
objected, on the ground that it was not an
action of this kind. Then Mr.. Hamilton
quoted case similar to this one, which he
said was passed upon by Judge Stoddard
when he was on the bench, in which he de-
cided it was action of tort.
Divorce Granted.
Judge Andrews granted divorce to Sarah
j. Devereaux of Waterbury from w. B.
Devereaux of this city, on the ground of
habitual intemperance. The plaintiff was
given the custoday of two children.
Adjourned.
Judge Andrews adjourned court at $3.50,
although several lawyers had been waiting
all day to be heard. His honor had been
hard pushed all day, rot having had time to
get dinner.
Court of Common PIeas-CIvil Side
Judge StudleY.
Judge Studley yesterday afternoon heard
the ease of F. N. Brown & Co. VS.. Hugh
Hsrland ct al. This suit is brought to re-
cover bill of about $140 which the Misses
Hsrland, who reside in Wallingford, bought
and did not pay for. The firm brought suit
against their brother. Stoddard and Hall
appeared for the plaintiffs and G. A. Harri-
son and Zacher for the defendants.
Probate COurt-Judge Robertson.
The will of Mrs. Henry Heff1e, the old lady
who was burned to death in her little house
on Grand avenue recently, was presented in
the Probate court yesterday morning. 1t
was thought that she was ON the verge of
poverty, but it appears that she owned be-
tween two and three Thousand dollars
worth of property. The will was drawn in
1887 by Philip Goodhart. Robert Dyas in
named as the executor, and the witnesses are
]. D. Plunkett and Eugene Callahan. Mrs.