The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-27
NO REHEARING.
Opinion of Appellate Divi-
sion in a Divorce.
Suit to Recover Damages for
a Child'S Death.
Alleged False Representations.
Final DEGREES Entered.

~ tl1 YIN - 49,
Court today the case of Alexander Broth
ers VS.. Max Taub was in order.
The plaintiffs claim that the defendant
went to their wholesale grocery store and
asked for credit, representing himself as
In good financial circumstances, claiming
he was in debt to no one and giving as a
reason for desiring credit that he had a
number CT customers to whom he had 10
sell goods on time. These statements
were, the plaintiffs claim. untrue, as
Taub not only had a number OF creditors,
but there were several suits at that time
pending in court against him.
When the case was reached on the dock
ct this morning Attorney j. j. Hahn for
the defendant asked the case might be
continued a short while as one OF the
main witnesses in his clients behalf had
not arrived from New York. The hearing
was continued for a time, but the witness
did not come and Mr.. Hahn again asked
for a continuance.
Col. Charles A. Wilson, who represent
ed the plaintiffs, opposed the request OF
Mr.. Hahn, claiming that Mr.. Benjamin,
a clerk for John Nelson, who was Taub's
assignee, had a letter in which it was
stated the witness Mr.. Hahn was relying
on did not intend coming to this State.
After a few remarks by Mr.. Hahn the
court decided that the trial should go right
along.
After the taking of some testimony the
hearing wa adjourned until Wednesday
next.
WILL o BE REHEARD.
The opinion of the appellate division
on the petition of the respondent in the
case of lane Roberts VS.. Edward Roberts,
that the case might be reheard, was
handed down by Chief Justice Matteson
today. The court denies the motion.
The facts OF the case are briefly as fol-
lows: Jane Roberts, who has since
deceased, on Feb. Is, 1895, was granted a
divorce from the respondent and on July
Is was killed ON the railroad tracks near
Lonsdale. Her former husband, the re-
spondent, filed, on August la petition for a
rehearing, claiming the charges on which
a divorce was granted were false. Mrs.
Roberts left $1,000 personal estate. The
respondent claimed he was sick when the
charges were made, but the courts says:
"We cannot resist the feeling that the
respondent Is more solicitous to obtain
the $1,000 left by the deceased than to
protect the court from imposition and
uphold the interests of Justice"
After reviewing a similar case decided
in a Michigan court and cases in other
courts, as to the effect of fraud shown
from the implication of perjury and from
no other source, the court denies and dis
misses the petition.
INJUNCTION DENIED.
Judge Tiliiughast today denied the APP
plication of Thomas A. 0'Gorman and
another for an injunction to prevent L.
ID. Newell & Son, proprietors of the
Paris House, from removing certain signs
the plaintiffs claim to nave had the right
to put up under a certain lease.
In the case of Cranston Print Works
Company VS.. Rodney +. Dyer ct al. a
final decree was entered today dismissing
the bill of co nplaint and directing
that the defendants have and recover
their costs Of suit.
An order was made in this division to-
day that the court meet on trial days ON
and after Feb. 1st, at 10 a. m.
Judgment was entered i'm the case OF
the New England Steam Brick Company
VS.. Israel Deebe today in favor of the
plaintiff for s66i ~ and costs by submis-
sion of the defendants.
The case OF John }. Nelson, administra-
tor against the Providence Cable Tram
way Company, was assigned for hearing
on Feb. "a.
Senator Ulman and other former pro-
prietors of the Geneva Worsted mills
were defendants today i'm a suit brought
by John Meighan, administrator, and
father Of Luke A.. MeighIn, deceased,
who, on Sept. 20, was run over by a
wagon belonging to the mills named. The
suit is to recover $4,000 and was tried
in the common pleas division.
The plaintiff claips that on the day
named above his two-yesr-old son walked
cut OF his home and was, owing to the
careless driving Of an employee, run over
by one Of the rear wheels of a low gear,
and from which such injuries resulted
that the child died in n few minutes.
Witness testified seeing the child sit
ting on the curbstone Just before the
team passei and that the driver was care
less.
The accident happened near the corner
Of Neozie street and Douglass avenue.
AT the conclusion Of the testimony for
the plaintiff MIR. Ripley asked for a nou-
suit on the grounds that no evidence of
negligence had Teen shown on the part