Morning journal and courier., 1892-11-23
THE COURT RECORD.
Superior Court - Civil Side-Judge
Thayer.

Dana Bartholomew of Ansonia Is receiver,
was settled between counsel after being
partly tried before Judge Thayer in the gu
perior court yesterday morning. A receiv-
or had been appointed at the assignment
of the company. Charles A. Stone of |
Southbury then went to- Texas and at |
tached $4,000 worth of the stock for |
notes amounting to $1,000. An injunc-
ton was prayed out requiring defendant |
to release the cattle to the plaintiff, Mr.. |
Bartholomew, and it was claimed that |
Stones action was contempt of court. A
motion to dissolve the injunction came up
yesterday, but 1t was settled, the settle
ment consisting of q withdrawal of the
attachment upon the cattle.
Arguments were begun in the case of
Stephen Mix against the borough of West
Haven for reassessment on his property,
which was taken in the Strengthening of a
road in West Haven and which he claims
had been assessed unfairly.
Common Pleas Court-Criminal Side
Judge Deming.
Preston Hinman, proprietor of the Hin
man house at Ssvin Rock, was yesterday
acquitted by the jury in this court. He
was charged with violation of the liquor
law.
After the jury had been out for about
an hour on the case of Bridget Gallagher
| of Wallingford, who was charged with
| like offense, the jury was recalled and the
court adjourned until 10 O'Clock this morn
| ing.
Probate Court-Judge Robertson.
In this court yesterday an application
was made for the appointment of trustee
on the estate of Lieutenant William d.
Sears. The proceedings have been insti-
tuted by ex-Postmastsr Benjamin English,
through his attorney, William S. Pardee.
The application for the appointment of a
trustee over Mr.. Sears' estate was filed a
day or two ago for hearing.
Several months ago suit was brought
by Benjamin R. English against Mr.. Sears
to recover debt of $3.50. The case was
returned to the city court and on July sa
Judgment for the plaintiff to recover
$201.6 80 was rendered. The writ of judg-
ment was placed in the hands of Deputy
Sheriff Pond, who vainly endeavored to
find some property to attach In order to
secure the judgment. He failed to find
anything and then made demand upon
Mr.. Sears personally. 1t is alleged that
Mr.. Sears refused to pay, but this Is dis
puted by the defendant in the present pro-
ceedings
According to the claims of the defense,
| it seems that Mr.. Sears was the secretary
and treasurer of company called the Lit
tie Giant company, which was engaged in
the manufacture of levers. The company
occupied building belonging to Benjamin
R. English, and some time after they had
been engaged in the bushes. their trade
became dull and the company decided to
close up its business. Before this decision
was reached the company had become in
debted to Benjamin R. English for the rent
of the building they occupied. However,
suit was brought against the company for
the rent of the building, and the property
of the company was attached to cover the
amount of the claim. When the property
was attached it is alleged that Mr.. Sears
who is possessed of considerable wealth,
held a conference with the plaintiff in the
case, in which he agresd to pay the claim
for rent when certain moneys which were
due the company could be collected. This
was accepted, and according to the attor-
ney for the defendant the attachment was
released and the keys turned over to Mr..
Sears, and he thought the matter was
temporarily settled.
Mr.. Sears claim is that the debt was
contracted by the company of which he
was a member, and that he was not and
should not be held personally responsible
for the oompany's debt.
When the application came up in the
probate court yesterday. William s. Par
dee appeared for the applicant and Prem
tice W. Chase for the estate of William b.
Sears.
Judge Robertson required that the ap-
plicant should prove the allegations set
forth in the application.
The defense was not ready to proceed,
prove the allegations for the applicant,
| and the matter was continued until Fri
day morning, when the witnesses will be
summoned on both sides and the hearing
begun.
ERASED FROM THE DOCKET.
The suit of James Bristol against W. N.
Armstead was erased from the docket of
the civil side of the city court before Judge
Pickett yesterday. 1t was suit to recover
on note of 5000. Attorney J. A. Woods
appeared for the plaintiff and Attorney
Spier for the defendant. The two parties
to the suit were described in the com plant
as residents of the town of New Haven.
Attorney Spier moved that the case be
erased from the docket on the ground that
they we're not described as residents of the
city of New Haven. The motion was
granted.
City Court - Criminal Side Judge
Pickett.
Cecilia Graneth, theft from person, con-
| tinned fn Novarnhor Jaropoo Ho1t ooJ
Andrew Bell, theft from John P. Dibble,
continued to December 10; Charles Erick,
theft from Benjamin Stack, continued to
December 10; Edgar Barton, non-support
of wife and child, 80 days in jail or bond
of SOL for six months; John McClue, viola
tion of liquor law, continued to November
80; Patrick J. Kinsella, resistance to officer
and drunkenness, continued to November
%; John Saunders, resisting officers, con-
tinued to November 90; Antonio Gugliam-
mimic, LIST, assault with intent to kill,
bound over to the superior court under
$500 bonds; Antonio Gugliammino, I'd,
breach of peace against Giovanni Corso,
bound over to the superior court.
Waterbury Superior Court-Judee
Fem.
John Kelly brought suit against ex- May
or Baldwin of Waterbury, ct al, to recover
money invested in the Naugatuck Quarry
company, which about month after his
Investment went into insolvency. Among
those in the company were Mr. Beardsley
OF Waterbury and Lieutenant Colonel
8urpee. All the testimony was in yester-
day and the arguments commenced.
Court Notes.
SUPREME COURT DECISIONS.
The supreme court in its deciaion find
ing no error in the lower courts ruling in
the case of Miss Isaphene Hillhouse against
the city Of New Haven has settled an i'm
portant question. The suit was brought
to compel the city to remove lien for
$737 which was placed upon her property
by the city. The city ordered Miss Hill
house to grade that portion of a roadway
which was to be used for a sidewalk. Miss
Hillhouse neglected to do so, and the city
performed the work and then placed a
lien upon Miss Hillhouse's property. The
supreme court decided that the city can
not compel by an arbitrary order property
owners to bring to grade that portion of
the roadway which is to be used for
sidewalk.
The CITY has harafofore comnalIad ,ro,,