The daily morning journal and courier., 1896-01-25
COURT RECORD
Supreme Court.

The suit of D. w. Patton of North ford against the borough of Wallingford
 is not yet withdrawn from the supreme
 court docket. At the time the suit was
 brought Judge Hubbard was borough
 counsel. He called in as associate coun-
 sel Judge Henry Stoddard
 At recent meeting of the borough
 1t was ordered that the appeal which
 has been made by the borough to the
 supreme court should be withdrawn
 It was found that this meeting was il- legal Later a meeting was called reg
 ularly and a vote directly opposite to the other was passed.
 Since this meeting o. II. D. Fowler
 has been appointed borough attorney
 for the ensuing year.
 The case came up in the supreme
 court yesterday forenoon on the motion of Taleott H. Russell, counsel for the plaintiff, to strike from the docket. O. H. D. Fowler was present. Judge Stod- dard said that MT. Fowler was now in
 8 position to enter in the case and with draw it. but he thought that the court would require him to state his position. MT. Fowler got up and said that hav- ing been appointed only two days ago,
 he had not yet qualified.
 If you do qualify and enter in this
 case, are you going to withdraw it?''
 asked Chief Justice Andrews. Mir. Fowler replied that he did not feel as if he could assume the respon- slbility of doing that at this time.
 Very we'll, then" said the chief jus tlce, with a wave of his hand. "Let the | appeal go on.'
 Samuel Fessenden of Stamford yes terday made the closing arguments in the suit of George Morgan vs. the city of Danbury in this court, which is sit ting in this city.
 Superior Court--Civil side-Judge shum- Joseph Pequinots petition for divorce from his wifei was granted yesterday by
 Judge Shumway. They were married in October, 1873. She deserted him in [1S9o. They lived in Waterbury. Jennie Crawford was granted di- vorce from Horace G. Crawford on the ground of intemperance and intolerable |cruelty. The parties belong in Walling- |ford and were married on August 22, |1S77.
 Ellen Cloughs petition for a divorce from her husband, Joseph Clough, for intolerable cruelty was granted. The parties were maddied on December 19, 1S93
 An order was passed confirming the sale of the Hubinger Cash Register
 company to the Hubinger Brothers for $16,000 there appearing no objection whatever for the confirmation of the sale.
 The suit of the town of New Haven against the Derby Turnpike company came with the presentation of the re- monstrances of the towns of Ansonia, Huntington and Woodbridge to the ac- ceptance of the committees report The
 matter went over a week.
 The case of Mrs. Cooley, adnlii1istra- tor of the estate of Fl. Wheeler against C.. R. and H. H. Oatman for Judgment in her claim of a note amounting to $1,200, was decided in favor Of the plaintiff Judgment was given for the full amount. Judge Lynde Harrison appeared for the state in the case of the appeal of Yale from probate in the Marett will fund. Judge Harrison declared that the treasurer of the state desired to be heard on a motion for a restraining order to prevent the trustee, Henry T.
 Blake of this city, from distributing the
 money in accordance with the judg-
 msnt of the court. His claim was that the state of Connecticut did not re-
 oeive notice of the hearing before the judiciary committee at Hartford upon MT. Blake's resolution in 1893, providing that the state treasurer should act as trustee of the fund The judiciary olution be passed.
 Judge Harrison stated that the state treasurer says that he had never heard of the suit now pending till the last ten days.
 In the meantime a petition has been
 brought lby the Lakeville school to the
 next general assembly, and all the
 other beneflciaries have been made parties to it. The petition asks that
 the general assembly provide d prop. CT official to take charge of the fund in accordance with the, provisions of the will of Philip Marett. Therefore, the state treasurer asks that the matter be
 postponed till he can be heard on the motion of a restraining order. After hearing Judge Harrison's mo. tion Judge Shumway deferred action fol one week on the matter. City yCourt-CriminaI side--Judge Cable. John P. Healey, drunkenness, s5 fine + and S5.42 costs; same, breach of peace | $5 fine and $5.42 costs; Matthew Gunch con, breach of peace, continued to Jan-
 uary 25; Henry Spitzner, same, 10 days | CN CN.. f .---