Morning journal and courier., 1888-06-06
TKaRs COUET K ECOR z+
Supreme Court,

The Supreme court was opened yesterday morning. The opening prayer was made by Rev. Dr. Beardsley. The first case called for argument was that of H. 0. Wilcox ct al vs. the city of Meriden. The plaintiff was represented by Attorneys James Platt and Hinman, and the defendant by George A. Fay In August, 1883, such proceedings were had that the city of Meriden had caus- ed layout and alteration of Church street to be made over this passage way and ap- propriating all of this forty feet strip for that purpose, and damages were assessed in favor of each of these appellants, from which assessment the appellants appealed to the Superior court Damages resulting from said layout and alteration over and above all benefits to the applicants were appraised as follows, viz: to the Home National bank for one undivided half interest with H. c. Wilcox over and above the benefits to its un- divided property two thousand two hundred and fifty dollars (S2, ,25O). To Horace c. Wilcox, for an undivided half interest with the Home National bank over and above the benefits to him by reason or his said half in- terest and the benefits to his undivided property, one thousand dollars ($1 ,00O.
 The appellants remonstrate against the acceptance of the report of the committee in the above entitled case because of the follow ing mistakes of lay made by the committee, and apparent upon the face of the report, to wit: The committee erred in appraisipg damages to each of the applicants individual ly for the taking of their undivided interests in the strip of land in question. He should have appraised damages to the applicants jointly for the taking of eaid strip which was owned by them jointly and as tenants in com mon. The committee erred into taking fnfS mt in "a which accrued to land adjoining said jointly owned strip, which adjoining land was owned by the appellants severally, separately and individually, and in which they had no joint interest. He should have assessed to the appellants separately and individu- ally such benefits as he found he ought to pay by reason of Improvements to their separate, several and individual property. The committee erred in taking into account any benefits accruiDg to the un- divided interests of the appellants Tn said strip of land because all of said undivided land was taken from said street. In any case of taking land there can be no benefits unless there be land left to which bnneits can attach and in this case no part of the said un- divided land was left untaken. The commit tee erred in this, to wit: That as the appel lants owned no other land jointly except that taken, the committee should have appraised as damages to them jointly the value of such l6uu 50 BAkSu, WltuQuL ucuuCtAOUs OH any hC- count whatever.
 For the above reasons the appellants say that the report of the committee should be rejected.
 Johnson vs. Higgins.
 The defendants appeal in the case of Sam uel B. Johnson vs. William E. Higgins was argued Attorney Charles Hamilton ap. peared for the plaintiff and Attorneys New ton and Whiting represented Higgins. This case has been knocking around in the Court of Common Pleas for years. In 1884 Dep~ uty Sheriff William Higgins attached goods belonging to the plaintiff to the amount of $500. Sheriff Higgins, of course, was simply owned the store and claimed to have sold ont to Johnson. Sheriff Higgins client had a claim against Cryton. He refused to pay it and they came to the conclusion that the sale to Johnson was blind and ordered MT. Higgins to attach the goods, which he did. Hence the suit against Sheriff Higgins for damages.
 Guyer Vs. SpIegeI.
 In the case of John Guyer vs. Deputy Sheriff Spiegel the defendant appealed, but afterward withdrew the appeal. Counsel for the plaintiff. tried to show yesterday that the defendant had an appeal before the court in order te force him to pay $20 costs. The court decided that no appeal was before the court.
 Peter COAee's Case.
 The appeal of Peter Coffee's counsel for a new trial was not reached yesterday, but probably will be to-day.
 Court ofCommon PIeas-CrImInaIS Side
 Judge Deming.
 There was very little done in the criminal side of the Court of Common Pleas yester- day. Wolhoffer, Quigley and Griffin, the three men arrested for keeping policy shops, set tied their cases by paying $65 each. In four cases for breach of the peace against John J. Fox, w. P. Dillon, W. Brennan and Thomas Lynch the bonds were called in and forfeit ed. Brennan was also charged with resist ance to Officer Clancy. John Cassidy paid fine of $15 and costs for breach of the peace.
 The City yCompromIses.
 In the Court of Common Pleas yesterday the case of Thomas Patten vs. the city for $500 damages was compromised by the city paying $1O0. Mr. Patten's wife fell on an icy sidewalk and injured herself, hence the suit. Attorney Pardee was the plaintiffs counsel.
 Probate Court-Judge Robertson.
 Judge Robertson yesterday appointed Stiles c. Williams of Woodbridge guardian of the person and estate of Nellie R. Garfield, an eleven year old girl.
 Herbert J. Augur, the insolvent Orange street art dealer, appeared and asked for an allowance pending the settlement of his es ate. Judge Robertson granted him an al- owanee of $6 per week for twenty-one weeks.
 Dlty oOurt Criminal Side Judge
 
 Trespass-Robert Grant and Toney Deck nan, $10 fine and $3.76 costs.
 Fornication-Harry D. Clark, continued to Tune7.
 Breach of the peace-John McBrien, $S fine md $5.24 costs.
 Violation of liquor law-Ida Wruck, con- inued to June 6.
 Truancy-John Driscoll, continued to June
 Court Notes.
 h the case of the application of Kessler 6 70. vs. the Continental Construction and Im- company for a receiver and tenn orary injunction. heard in Hartford Monday, 'rof. J.. T. Platt appeared for the defendant. udge Shipman denied the plaintiff's appli- ation.
 Colonel Wright's Heirs mt Law. Four children of the late Colonel Dexter R. 1 Wright of this city began suit in the Su- reme court, Brooklyn, yesterday to recover | roperty valued at $1O0, 900 and now held by | hemas R. Sexton of Merrick, Long Island, 1d Charles G. and Bethuel Phelps of Bay !