The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1895-10-30
0OURr RECORD.

Superior Court-Civi Side-Judge Hail.
Y An interesting case was decided yes
erday by Judge f, b. Hall in the SUI
perior court in Eugene Brlstors appeal
rom probate,
4. Horace C. Bristol Of Cheshire, on the
Heath of his brother Willis Bristol, had
i claim against his estate amounting
10 about SIS; his brother died about
twenty three years ago. No admins
Grafton was taken out upon his brothers
estate. The interest of the heirs I'm
his brothers property was In the mean
time conveyed by those who had it to
others At the end of the twenty three
years, Horace C, Bristol took out admin
istration in the town of Cheshire in
the probate court for the district Of
cheshire and from the decree granting
administration an appeal was, taken TO
the superior court. 1t was claimed on
the part of the appellant that at the
slime CT the death of Willis Bradley, the
statute law of the state then limited
seven years in which administration
must be taken out from the death Of
the party on whose death administra-
ton was sought. This seven years eX-
pired and about twelve years after the
death of Willis Bristol the present law
Twas enacted, providing that administra-
ton might be taken out at any time
after seven years, if the court thought
there was sufficient cause 1t was claim
cd by the appellant that this statute
K was not retrospective and that the old
statute barred BristoPs right to admin
+ istra tion. 1t was further claimed, on
the part of the appellee that the statute
in limitations did not apply, as there be-
ing no administrator appointed, there
was no one against whom it could run.
Judge Hall decided that the appellee
lost his right by laches, and further ex-
presses the opinion that his right to
administration is barred by the old stat
ute. e. p Arvine and o. H. D. Fowler
for the appellant, and H. D. Newton and
III. f. Hall for the appellee.
STATE VS. MCKEE.
Yesterday morning in the superior
court, criminal side, before Judge Prem
tice, in the case of State VS.. Mckee, a
prosecution instituted by the Law and
Order League, for the sale of obscene
books, Judge Blydenburgh made a mo-
ton to quash the case on the ground
that the statute, section 1857, which pro-
vides that the repeal of a criminal law
shall not affect any pending prosecution,
was unconstitutional, aus being a limit
tho Of S11hcao11nnt 1nOicl1-
lures. e. P. Arvine, for the state
claimed that the statute was merely a
rule of construction. Judge Prentice sc
held and the motion was dismissed
Judge Blydenburgh then filed a demur.
rer which was argued by him and Mr.
Arvine yesterday afternoon.
MUST PAY.
The suit of Captain Lawrence O'Brier
against Catherine Sisk of Grand avenue
to recover payment on monument fur.
nshed to the defendant, was decided ir
his favor yesterday morning by Judge
Hall. The case was recently tried il
the superior court and the decision was
filed with the clerk yesterday forenoon
Mrs Sisk contracted with Captain
O'Brien to furnish a monument which
, should meet certain requirements, tht
monument to cost $4,000. The defend
ant refused to pay for it when it was
delivered as she alleged that it did MOI
have the exact measurement which haG
been previously agreed upon. The court
found that these differences of measure
ment were trifiing and rendered judg
ment of $4,000 and costs for the plain
tiff.