The daily morning journal and courier., 1897-11-13
IN AND ABOUT THE COURTS
TALE TAX FIST DISPUTE TO BE DE-
 CIDBD BY SUP PREME COURT.

Cause Interest-Three Divorces Granted Probate Matters-City Court Record.
 In the superior court yesterday morn- ing at the short calendar session, At torneys George R. Cooley and Charles s. Hamilton both appeared as counsel for the defendant in the divorce case of Dellert vs Dellert, the husband be- ing the plaintiff and represented by At- torney w. H. Bristol. The case came up on motion for an allowance to de- fend, also motions for leave to with draw MT. Cooley's answer and for bill of specifications.
 The two attorneys had considerable discussion as to who was the defend- ants attorney
 Judge Roraback stopped the discus ing that Mrs. Dellert be produced to cut the gordon knot next Friday.
 The application of Jeremiah J. Sulli- van and Patrick J.. Lyons, to be made parties iii the case of J. Gibb Smith vs, the Congregation B'nai Israel, was al- lowed. The suit is over the assign ment of Harry L. Weiss, builder, and is to recover $20000.
 Two weeks were allowed in which to file an answer in the suit of Ella Cook against the town of Orange to recover S5,000 damages alleged to have resulted from a change of grade in the street passing a house owned by her in Orange.
 Stevens vs. the Borough of Milford was continued one week.
 Woodward vs. the Town of New Ha- ven, continued. This is old Woodward avenue case, involving claim of $5,0oO.
 Bartholomew vs. the Derby Rubber company continued two weeks.
 Julian vs. the Stony Creek Red Gran ite company, continued one week. Smith & Gardiner Supply company vs. Ro- han, one week. Cook vs. Town of Or ange, on motion for default for fail ure to file an answer was continued two weeks. McNamara vs. Mattel, answer to be filed in two weeks. Michaelis vs. Toothill, motion for disclosure of de- fense allowed
 The case of the President and Fellows of Yale college vs. McDermott, mo- tion for continuance for three months.
 The New York, New Haven and Hartford Railroad company vs. the City of New Haven; a demurrer came up on the second defense.
 Judgment was suspended because the court was aware of similar judgments given by Judge Thayer in two other cases.
 Kusterer, Jr., vs. the Fair Haven and Westville Railroad company went over. This is a suit bruoght by young Kus- terer for damages to $10,000, and by Kusterer Sr., for $5,000. Young Kus- terer was riding a wheel on Whalley avenue last July and was run down by a Westville car. He has been slowly recovering ever since and may be crip- pied permanently.
 The case of Lane vs. the board of harbor commissioners, which has taken up this week. will be continued on Tuesday. The assignments for next week are: Wednesday, Thomas Har- Ian vs. the New Haven Steamboat com- pany, Attorneys Bristol, Stoddard 6 Bristol, Ingersoll and Rogers. Thurs day, Joel G. Farnham vs. Fair Haven and Westville Railroad company; Jo- sephine A. Hoyt vs. William o. Hoyt, proceedings for divorce.
 A divorce was granted Sarah Q. Deacon of Madison from her husband, Harry T. Deacon for assertion, and he was given the custody of her child. Amy Williams obtained a decree of absolute divorce from Francis Will Hams yesterday morning, Attorney 'Strouse appeared for the plaintiff.
 Laura M. Muzzy was granted a di- vorce from her husband, David S Muzzy on the ground of habitual in- temperance and intolerable cruelty The custody of the child was given the plaintiff.
 Attorneys Hamilton and Fox, for the plaintiff, and York for the defendant | in the case of Elizabeth Corr vs the State of Connecticut, were heard in the | matter of the writ of prohibition asked | last Friday Lawyer Hamilton wished the trial put off a day or two so as tc | give him time to prepare The hearing was set down for Mon. l day afternoon at o'clock. | PROSPECTIVE LITIGATION. l The Fair Haven and Westville Rail road company will contest the assess 1 menus leVleu upon It Dy Cne DOard O compensation because of the construc ton of the new bridge across the Con solidated railroad tracks on East Chap el street and for the widening of Derb. avenue. The board of compensation recommended that the Fair Haven roa pay $1 GOO for the new bridge and $10 for the Derby avenue widening.
 John Palmer's horse and milk wago were attached yesterday by Deput Sheriff Clinton in suit brought b Liveryman Charles Mallory to recove the price of horse.
 LATEST MOVE IN YALE TAX DIS
 PUTE.
 Counsel for the town and corporatio of Yale college yesterday agreed to suh init statement of facts to the suprem court that decision may be had con cerning the disputed tax cases be tween the town and Yale college with l nEn Unuy Thenkfv1I