Morning journal and courier., 1892-11-30
THE COURT RECORD.
superior Court Civil Side -Ju

the city and Mayor Sargent will in con-
have to pay the $4,000 with in
terest for twenty years.
In 1878 Sargent & Co. was assessed |
about $4,000 for a sewer which was con-
structed on Water street past that con-
GERMS property.
The company appealed on the ground |
that it had no use for the sewer, as 1t had |
a private sewerage system of its own. The
case has been on the docket since 1878, |
and has dragged along from time to time
until now. 1t was tried at the present |
term of the superior court two weeks ago,
and the mayor was represented by the
Beach brothers. Driscoll and Bishop ap-
pesred for the city. The corporation
counsel claimed that even If Mr.. Sargent
had private sewer and could get along
without the new one, still the market
value of Sargent & Co.'s property was
largely increased by the Water street
sewer and that there was more justice In
assessing him than owners of vacant lots
who made no immediate use of the sewers
for which they are assessed. Large
numbers of witnesses were summoned
and the case was watched with great
interest.
The injunction suit brought by Fred
erick D. Grave, the manufacturer of
"Judges' Cave" cigars, against A. A.
Mendoza, to prevent the latter from max
ing and selling certain brand of cigars,
known as "Caves," was at the request of
counsel set down for trial on December IS.
Elk Governor Ingersoll, E. b. Rogers and
Charles F. Bollman are counsel for Mr..
Grave, aud E. P. Arvine and ]. P. Good
hart for Mr.. Mendoza.
A postponement was granted in the
divorce case of Sweitzsr VS.. Sweitzer at
the request of Attorney ]. P. Goodhart,
counsel for the defendant. Mrs. Sweitzsr,
who Ia now in Jail for some petty offense,
claims che was put there by her husbands
conspiracy against her. He Is from Mil
ford, and had all his witnesses here in
court ready to try the case.
One of the most interesting decisions of
the day was the motion of Attorney Wag
ner not to allow the report of W.. Atwater,
| receiver of the Porter Stair company, TO be
| accepted, Wagner claiming that his claim
| of S512 for services had not been paid while
| other claims of the same nature had been
met He also asserted that the receiver
| had 81 200 in trust funds, with which he
had reimbursed himself for moneys loaned,
| but had not paid his claim out of it. Judge
| Thayer's opinion is as follows:
So much Of the within motion asks for the
| disallowance Of the receivers final report is
| granted on the ground that Mr.. Wagner as a
claimant against the receiver is entitled to an
equitable dis ribution of the fund and 1t appears
| that the receiver has paid other claimants Of the
IF
| claim being in dispute the remaining portion OF
poned for further hearing, as to the amount of
| disposition of the trust fund and the stems of
| the receivers account.
In Stephen Mix's appeal from the as
sessment of damages by the warden AID
burgesses of West Haven for widening
street in front of his premises, the couri
awards him $3.50 with costs. He wal
awarded OILY S124 by the West Haven towr
officials.
IL Fannie Edelstein vs. Wales Terrill, al
Ansonia suit, demurrer was overruled.
City Court - Criminal Side - Judge
Pickett.
Nels Peterson, theft, 81 fine, $11 49 costs
John Mcclure, violation of Sunday liquor
law, continued to December 3; Samue
Hazelton, fast driving, nolled; Cecilif
Graneth, theft from person, nolled; George
Knapman, breach of peace against Bridge
Knapman, continued to December 6; Jame
Coneff, theft from Alexander Midas, con
tinued to November 80; George Hummels
violation of liquor law, continued to De
cember g.; Edward ]. Bannon, non supper
of wife and child, continued to Decembe
g.; William Saville, non-support of wifi
Frank Marion, violation of liquor law
continued to December 3.
Court Notes.
In the court of common pleas yesterda,
! the suit of Harvey Ford against the Plat
ner 6 Porter Paper Manufacturing Co. o.
Unionville to recover $16O commission wa
: heard and decision reserved.
John Heffernan has brought suit agains
John A. Bush, the Bridge street black
smith, to recover wages due him amount
ing to SIS. The case will be tried to-da,
before Justice Strouse. The plaintiff Il
represented by Attorney Bree.
: At the hearing of the will of the lat
Mary Gallagher, held before Judge Rob
ertson in Branford Mon day, no opposition
was offered to the probate ng of the will
and Henry J. Linsley and Da MEL O'Brie
were appointed appraisers of the estate
| AS has been stated the heirs who intende,
to contest the will arranged matters salts
factorily with Bernard s. Kivlsn, to whor
the property was left, and agreed not
/ contest the will.
ADMITTED TO PROBATE.
: The will of the late John E. Earle ha
5 been admitted to probate, and a settlement
of his estate has already been begun. TIL
, inventory shows the value of the estate
be about $751; 900. According to the term
Q of the will the entire estate is left for tn
3 | support and maintenance of the widoy
o during her life, and at her death it wi
pass in equal proportions to his children
three sons and daughter, who wit
f Mrs. Earle are made executors of the es
q tate.
THE CHARTER OAK SUSTAINED
t HARTFORD, Nov. 29.-In the superio
: court this morning Judge Prentice hande
down his decision in the suit of George A
9 Hayden against the Charter Oak Drivin
Park association. The suit was brough
4 by Hayden to compel the association t
recognize eighteen shares of stock bough
by him of General Alexander HARRISON,
! | former officer. The association elaine,
that the stock was not valid, being an il
. | regular issue made by the treasurer, whicl
! claim was sustained by Judge Prentice, VIII
= entered verdict for the association. MI
Hayden will appeal the case to the suprem
court. General HARRISON claims he hat
i full authority to issue the stock which b
, | rightfully owned.
Derby Road Directors.
There was a meeting of the directors o
the New Haven and Derby railroad in tn
t Office of General Manager Tuttle yester
> day morning, those present bsipg J. Pier
{ pont Morgan, William Rockefeller, Gen
) eral 8. E. Merwin, Lucius Tuttle, Charlie
P. Clark, Franklin Farrell, w. e. Barne
. | and Thomas Wallace. 1t was voted t.
give notice that the stock transfer book
would be closed December 10. The annua
| | meeting of the stockholders will be held il
Bridgeport at 10 a. m, December 90.