The daily morning journal and courier., 1896-11-21
YESTERDAY IN THE COURTS
IMPORTANT DECISION IN AN IN-
 JUNCTION SUIT

way in the Suit of Robinson vs. Clapp- Baldwin Damage Suit to be Appealed to Supreme Court-B. H. Douglass Son to Pay 5 Per Cent. Dividend.
 Judge Shumway in the superior court yesterday morning handed down a decision on a demurrer in the now locally famous litigation between Dr. John A. Robinson and John w. Clapp, which establishes an important point in regard to injunction suits It Is that a suit can not be maintained for dam ages by an injunction unless a bond has been given.
 The suit of pr. Robinson was brought against MT. Clapp several years ago. Dr. Robinson claimed that MT Clapp had no right to build dwelling in the lot next to his which would obstruct the light from his (Robinson's) dwell ing. An injunction was issued which stood for about year. restraining MT. Clapp from building. At the end Of the year J. Birney Futile, counsel for NIdDD, junction to insure Mr Clapp against damages by reason of the injunction. Dr. Robinson refused to give bond, as he claimed his counsel had agreed that he should sign bond if the de- fendants' would draw it up and they had not done so. The court dissolved the injunction and decided against Dr. Robinson. The supreme court on appeal sustained the principle in the suit, but said it did not apply to Dr. Robinson's case.
 Last April MT Clapp commenced suit against Dr. Robinson for damages oc- casioned by the injunction SIS he claim ed he had not been able to build his house during the year it was in force. Counsel for pr. Robinson demurred to the complaint on the ground that < damages could only be recovered on an injunction in case a bond was actually given As pr. Robinson had not given a bond he claimed he was not liable for damages.
 ITO APPEAL TO SUPREME COURT. Yesterday morning in the superior court judgment was entered for the Fair Haven and Westville Railroad company in the suit which was brought against it by Clifford Baldwin and wife The superior court has decided against the plaintiff three times in the matter of pleadings and it is now in tended to appeal the case to the su- perior court to test Judge Shumways rulings
 The suit was for $5,OOO and was brought because of injuries received by Mrs. Baldwin at the corner of State and Chapel streets while alighting from a car.
 DEMURRER IN MORAN CASE AR
 GUED.
 A demurrer to the complaint of Moran, administrator, vs. the New York, New Haven and Hartford Rail- road company, was argued before Judge Shumway yesterday morning during the shoft calendar session of the supreme court. The complaint alleges that on October IS, 1895, Dennis Moran, a brakeman, was killed at Meriden through the negligence of the defend- ant. The suit is brought by John F. Moran, administrator on the estate of the deceased, and asks S5000 damages. The demurrer was brought on the ground that the railroad company was not negligent and that it's servant was the person at fault. Moran, it is claimed, was knocked off a car by the unfastening of a brake and killed. 5 PER CENT DIVIDEND ORDERED. The superior court yesterday ordered that another per cent. dividend be paid to the creditors of B. H. Douglass & Sons by F. c. Lum, the receiver of FV1.. l. paid four 10 per cent. dividends, and expects to pay one more per cent dividend after the present one.
 DEGREE OF ALIMONY REFUSED
 Attorney Hamilton yesterday tried to obtain from Judge Shumway a judg- ment to collect almony for Rose Cam ron pending her suit of divorce from Burton Cannon, the liveryman. As the case has not been returned to court Judge Shumway refused to grant the decree.
 MUST FILE AN ANSWER.
 In the quo warranto proceedings brought by ex-Chief Horsford to con- pei Chief of Police Kennedy of Nau- gatuck to show by what authority he holds his office, the respondents were ordered in the superior court yesterday to file an answer in one week.
 THREE DIVORCES GRANTED.
 Three divorces were granted yester- day by Judge Shumway Ethel Mer- win of Milford, who is ill and unable to attend the court, was granted divorce from Harry M. Merwin of New Britain on the ground of desertion. They were married August l., 1891.
 William Bradley of Grand avenue was divorced from Della Bradley on the ground of drunkenness. They were married January 19, 1883.
 Raphael Demao was divorced from Carina Demao on the ground Of infi- delity. They were married August l, 1882.
 FOR DISALLOWANCE OF A CLAIM
 A motion for the disalIowance of a claim of s1,200 was argued yesterday by Attorneys White and Daggett for Peck ct al vs. Peck Brothers & Co The claim is that of Anon Bradley, ard the plaintiff alleges that it is not legal.
 WALLINGFORD'S EX-TOWN COL
 HECTOR.
 Arguments were yesterday made in the superior court on demurrer in the suit of the borough of Wallingford against the former borough tax coilac- PoooT AuStfp Tho boro1rob