The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-06-10
IN THE COURTS YESTERDAY
CASES HEARD IN THE SUPREME
COURT or ERRORS.

Demurrer in the Derby Rubber Company's
Case Overruled--A Divorce Granted to
Mrs. W. ID. Nesbitt-Motion to stop the
Trip Hammer Dcnied-Other Court
Notes.
The supreme court OF errors heard
arguments of counsel yesterday on
motion on the part of defendant for q
new trial in the case of Hyman Vein
house Of this city against Rev. Thomas
j. Cronin of Wallingford. Attorney
David Strouse represented Weinhouse,
and Richard Tyner and Attorney Hall
of Wallingford Father Cronin,
Weinhouse got a decree in the city
court for s120 which he claims was due
him as commission on the sale of prop
erty in New Haven belonging to Father
Cronin.
WILL THE CITY BUILD THE
BRIDGE?
Before the supreme court yesterday
State Attorney Williams argued the
'mandamus proceedings to compel the
city of New Haven to build the bridge
over the railroad on East Chapel street
as ordered by the superior court. Cor
poration Counsel Ely is contesting on
the ground that the proceedings should
be brought against the members OF the
board of finance and the common coun-
Gil for not making the necessary APP
preparation.
Superior Court-Civil Side-Judge Prem
tice.
Judge Prentice of the superior court
yesterday handed down his decision
overrulng a demurrer pleaded by the
plaintiff to the answer of the defendant
in a suit brought by the Derby Rubber
company against Valency A. Pope.
The defendant as treasurer of the
plaintiff company paid out $2,4Ol SO be-
longing to the company for legal SER
vices which, the company alleges, were
not authorized. The defendants an
swer was to the effect that he was en-
titled to pay attorneys employed by w.
c. Atwater, president of the company,
and that the stockholders had full
knowledge that the attorneys had been
employed for that purpose.
The plaintiffs demurred that it did
not appear in the answer how the Der
by Rubber company had consented to
the acts done in relation to mourning
the legal expenses.
Defendants motion to strike out por-
tions of the complaint of Carleton E,
Hoadley against the NJ. Seward & Son
company was denied. Plaintiff owns
~ an al and Sppl{G
Injunction to restrain the defendant
company from carrying on their man
fucaturing business next to his house,
on the ground that the din made by the
trip hammers is intolerable and nuis-
ance.
THE MOTION DENIED.
The motion made about ten days ago
by counsel for the NJ. Seward & Son
company to have certain portions of the
complaint stricken out in the injunction
suits brought by Carleton E. Hoadley
fantt other residents of Lake place was
denied by Judge Prentice yesterday
morning The suit is one brought to
restrain the M. Seward & Son company
from using trip hammer at their fac
tory.
MILFORD DIVORCE SUIT.
In the superior court before Judge
Prentice yesterday the contested di-
vorce suit of Hezekiah Clark of Milford
against Maria L. Clark of the same
place was on trial. Both parties to the
suit are well along in years and We're
married on February 25, 1886. It is ar
legged that in 1891 Maria deserted her
husband and went to live with her
mother. A cross bill was filed by the
defendant claiming divorce on the same
ground
IN FAVOR OF MRS. NESBITT.
Judge Prentice yesterday morning
rendered decision in the contested di-
vorce suit of Celestia J. Nesbitt
against William D. Nesbitt. The case
was heard last Friday and Mr.. Nesbitt,
through ex-Judge Blydenburgh, oppos-
ed his wife's application. Mrs. Nesbitt
asked for the decree upon several
grounds, among them being cruelty and
intemperance. She also asked for ali
mony and custody of her child Decis-
ion was reserved, but yesterday morn
ing the complaint was returned with
the endorsement, Decree granted to
plaintiff on the ground of habitual in
temperance; alimony $500 and custody
of minor child" Attorney C. S. Ham
ilton appeared for Mrs. Nesbitt.
Court of Common P1eas-Criminal Side
Judge HotchI1iss.
William Kendrick of Derby pleaded
guilty yesterday morning In the court
of common pleas, criminal side, of as
sault and was fined s2I and costs. He
maid I'D.