The daily morning journal and courier., 1896-09-26
YESTERDAY IN THE COURTS
SHORT CALENDAR SESSION, SU-
 PERIoR COURT, HELD YESTERDAY

The Rex Box Company's Case-Judgment Granted In Mercantile Trust Company's Suit-several Divorces Granted-Com- missioners on Insolvency Appointed Other Court Notes.
 The first of the short calendar ses- sions of the superior court after long summer vacation was held yesterday morning by Judge M A. Shumway. tions and demurrers on the calendar, but most of them were continued until next week
 Attorney c. w. Comstock as one of the receivers of the Rex Box company appeared before the judge and asked that an order be granted to the re- ceivers permitting them to sell the as- sets of the concern.
 When the receivers were appointed a few weeks ago an order was issued allowing the receivers to continue the business. It was then thought that it could be run at a profit
 In the application which was made for an order of sale it was set forth that the receivers are no longer carry ing on the business of making boxes, as they have found from experience that it was unprofitable. They also set forth that the care and custody of the company's assets involved a large ex- penditure of money and that the best interests would be served by a speedy disposition of the stock, etc.
 I,I per, machinery and horses.
 The order was granted as there was no opposition to it, notice of the hear ing having been sent to all the credit ors. No time for the sale was set The company has two factories, one at Montville and the other at Southford. The company was organized to compete with the National Folding Box com- pany.
 JUDGMENT BY DEFAULT.
 Judgment by default was granted in the superior court yesterday by Judge Shumway in the suit of the Mercantile Trust company of New York against Sarah B. Cone and Henry D. Cone of Stockbridge, Mass, on judgment of foreclosure, obtained family homestead of the Cones in Guilford, which is the oldest house in that town. The judgment was secured in New York and according to the Connecticut prac- tice in order that execution could issue, 1t was necessary to bring the suit all over again. Roger s. Baldwin, as counsel for the plaintiff, began suit last June and attached the old home stead for the amount of the Judgment, waited fhTaa ronnthS the time required by law, and no ans wer having been filed by the defend- ants, judgment by default was granted. The homestead attached was years ago the residence of the Rev. Dr. Whitfield, a celebrated divine, who is an ancestor of the Cones. As the property is cher ished on account of its family tradi- tions it is probable that when execu- ton is issued the Cones will satisfy the judgment and redeem the mortgage on the property.
 FORECLOSURE ISSUED.
 Judge Shumway issued yesterday a foreclosure in favor of the New Mill ford Savings bank against Addison Smith, jr., and wife. The amount of the mortgage is about $2,000 and the foreclosed property is on Orange street. The time for redemption was fixed at the first Tuesday in January, 1897.
 DIVORCES GRANTED.
 Judge Shumway yesterday afternoon granted the following divorces:
 Sarah M. Reynolds from George F. Reynolds, intemperance, married March 15, 1864 custody of five chil- dren given to mother; Harriet L. Went worth, nee Woodruff, from Alvin P. Wentworth, intolerable cruelty, cus- tody of child given to mother; Mary Howell, nee Higgins from Charles E.. Howell, of East Haddam adultery, name changed to Higgins, correspond ent Hettie Miller.
 A DEMURRER FILED.
 Judge Gager of Birmingham, as coun- sel for the Derby Turnpike company, yesterday filed in the superior court a demurrer to the remonstrances of sev- eral towns against the acceptance of the report of the appraisers, but it was not heard as Attorney Goodhart rep resenting the town of New Haven, was out of town. The hearing will come up next Friday, Judge Gager's allega- tions in his demurrers are simply that the remonstrances are insufficient.