The Providence news. (Providence [R.I.]) 1891-1906, 1895-08-10
SUPREM COURT.
Fate of Man Who Didn't Obey tue
Judge.

Dudley G. Bennett Is the respondent in
| divorce proceedings brought by his wife,
and the latter's attorneys, Page a. Owen,
some weeks ago got an order from the
appellate. division directing him to pay his
| wife 81 a~week beginning July 10, and also
To pay them s26 for counsel fees by the
first Monday in October. Bennett did not
comply with that part OF the order COM
pelling him TO pay II a week TO his wife,
and Attorney Franklin u. Owen asked
| Justice Stiness TO adjudge the respondent
| guilty of contempt and TO direct the lssu-
ing OF writ of attachment against the
body OF Bennett.
The court granted Mr.. Owens request
and the arrest Of Bennett will follow i'm
mediately.
sHERBURNE STREET AGAIN.
The matter OF entering a final decree
in the case OF Osborne Swan and Others
against James w. Covill came up in the
appellate division before Justice Stiness
this morning. This is the Sherburne
street matter where the rights of respec-
tive owners on a plat OF land through
which an unaccepted street ran came up
for adjudication. Covill owned land fur
ther down the street, nearer the river,
than Swan and the Others. and they
brought suit TO prevent him from inter
fering with bulkhead they had erected
TO prevent their property from being
washed into the river as well as TO pre-
vent Covill from digging up a concrete
culvert they had built TO carry off the
waste water on the street. At the hearing
OF the original suit Mr.. Covill, who stated
he had got tired having lawyers, con-
Quoted his own case, but the court, In
rescript filed later on, decided against
him
In court this morning Mr.. Covill claimed
that the complainants were enlarging
"a bni IL haah aud aaLaH IL fhpU anuld dn
SO under the decision of the court.
Justice Stiness replied in the negative,
and then John L. Ionsdale, attorney for
Swan, stated that the bulkhead was not
10 be enlarged, only put in the same shape
il was before Mr. Covill interfered with IL.
The court postponed the entering of the
final decree, but warned Covill that he
must not I'M ure the bulkhead or culverts.
BAxTER's PETITION FOR AN INJUNCTION.
A hearing was had this morning before
Justice Stiness on the petition OF Patrick
W. Baxter to have the court issue pre-
liminary injunction restraining the City
of Providence from taking down the por-
tion of the Grosvenor palace leased 10
him by Grosvenor IN 1894.
Attorney John w. Hogan, who appeared
for Baxter, read the bill OF complaint in
the case and also the lease of the premises.
In the lease were provisions that the
lessons might terminate the lease when II
was determined TO build on the premises,
and n right TO re-epter on the premises
was given after three months notice.
Mr.. Hogan claimed that no proper re-
entery had been made by the lessons, and
only notice to quit had been given, to
expire July 10. He also contended that
when the commissioners were appointed
TO widen Dunwells gangway and also at
the time of their report, there was an
estate held by his clients which the COM
missioners entirely neglected to consider
He asked for the injunction that the right
OF his client might not be taken away.
In answer to questions by Mr. Theodore
Tillinghast, who represented the Rhode
Island Hospital Trust Company, one of
the correspondents named in the bill of
equity on file, Mr.. Hogan, admitted that
terminated. Then Assistant City Solicitor
Barker wanted to know il the city did not
succeed to the rights of the former owners
of the property.
Mr.. Tilling ghast, for his clients, argued
that the terms OF the lease had been com
piled with in regard to notice, and it was
plain that the lease had been terminated.
Assistant City Solicitor Baker contended
that there had been nothing irregular IN
the proceedings OF the commissioners on
the widening OF the Dunwells gangway;
that the complainant had no rights under
the lease that they were bound TO con-
slider, and that there had been no grounds
stated why the injunction should be
granted.
After a brief reply by Mr.. Hogan the
court took the matter for advisement.