The daily morning journal and courier., 1897-11-06
IN AND ABOUT THE COURTS
MOTIONS DECIDED BYJUDGE R0RA-
 BACK AT SHORT CALENDAR.

Mrs. Lee Gets a Divorce--Writ of Pro-
 hibition Granted Against Judge Cleve-
 land in Common Pleas~0ther Court
 News.
 At the short calendar session of the superior court yesterday Judge Rora- back on the bench, the application of Attorney c. S. Hamilton, for a writ of prohibition, restraining Judge Cleave- land and certain heirs of the estate of Patrick Corr from holding a hearing next Monday to have Catherine Corr, a sister, removed as administrative, was granted. The writ is the second of it's kind granted in this county. It is claimed that the probate court has no jurisdiction In the case, as Patrick Corr had no estate in New Haven and had not lived here for twenty years. A hearing will be held upon it next Fri day morning.
 Lawyer c. B. MattheWman appeared before the court with an amended ap- plication for divorce for Annie M. Lee against Dr. John Edward Lee. Miss Bird Palmer took the stand and said that from October 1895, to October, 1896, she had lived with Lee at 446 Elm street as his wife.
 The decree was granted on the ground of adultery. This is the case in which the decree was granted last week Friday among the other divorce cases on the ground that Dr. Lee was serving a states prison sentence, and was afterward withdrawn because of the doubt of the legality of the de- cision. Three other counts were adnis- sibe-desertion intoleraple cruelty and adultery.
 August Zeeck obtained divorce from Mary Zeeck on the ground of adultery.
 Nellie A. Sparks was granted a di- vorce from Melvin D. Sparks on the ground of intolerable cruelty. Several witnesses besides Mrs. Sparks testified to the husbands ill treatment of his wife, of his threatening to shoot her and of his habitual habits of intem- perance. They have been married twelve years. Absolute divorce, with custody of the child was granted. Leave to file a supplemental com plaint in the case of the New Haven Steam Saw Mill company against the Consolidated road, a question of dam ages for change of grade, was argued at length, but it was finally learned that the board of compensation would report to the common council at it's next meeting on assessment.
 Judgment for foreclosure in the case | of $. c. Durand, Theodore Platt, Ed gar T. Clark and w. B. Brotherton against Rev. Father Charles T. Burns of Milford, was allowed, and the first Monday in February was named as the day of redemption. Burns was trustee | of the estate of the late Rev. John Larkns, who was pastor of St. Mary s church, Milford, and last spring was i arrested, charged with miSappropria- | ton of funds, $776, from the estate. 1 The plaintiffs went on his bond, and | the case was settled by their making good the shortage.
 The contest over the will of the late M. E. Powers of Wallingford, brought | by F. s. Jenney of New Bedford, Mass, and others was withdrawn, the case | having been settled. The will gave the estate of about $5,000 to Fanny P Joy, sister of the deceased.
 The Stonington Savings bank got a 1 judgment of foreclosure against Lud- 1 wig SoInmer as owner of the Franklin house, located at the corner of Frank lin and Green streets. The mortgage
 was for $8,0O0. The time of redemp-
 ton was fixed at March !.
 The suits of Dillon & Douglass against Lee & Hoyt, and of the state 1 of Connecticut against Theodore A. | Futile, suit on a bond, were submi- | ted to the court on briefs
 l William l.. Bennett was appointed as committee to hear the suits of Mich ael w. Dorgan and Amos Ives against the city of Meriden. The suits involve | the questions of damages on the layout 1 of a street.
 | Receiver F. l.. Isbell was authorized to pay the taxes against the Bradley, Damn & Darlington company and to compromise some claims.
 The report of the receiver appointed to sell some old stock which was found
 to belong to the former partnership
 which existed great many years ago | between J. H. Buckley and D. F. Kel- | ley, the plumbers, was accepted by | Judge Rolaback. The stock sold for , $40 and after the expenees of selling it
 there was $5.75 left to be divided be- i tween the partners
 | The court allowed the motion to file an exhibit, and for leave to amend the
 complaint, and disallowance of costs,
 in the case of Henry T. Hall against l the borough of Wallingford. Hall sues
 to recover damages alleged to have
 been caused by the borough turning a sewer into brook running through the plaintiffs property.
 An itemized account of costs in the | suit of Stephens and others to recover | from the Fidelity X Casualty company, was ordered in the case of Pheghar & | Son against the Fidelity company. l In the motion to make the town of | Guilford party defendant in the suit of Marshall D. Stevens against the bor-
 ough of Guilford, Judge Roraback or dered that a more specific statement of i facts be filed
 | Court of Common Pleas-Criminal Side, | The criminal ciJa of tho oo,,,+ o.,1,