The daily morning journal and courier., 1897-10-30
IN AND ABOUT THE COURTS
MOTIONS DISPOSED OF BY JUDGE
 RORABACR.

Lee Trials Recalled by His Wife's Pes ution for Characterization Granted but
 Amendment Ordered Afterwards-Jen-
 Sen Cafe Attached-Elm City Co.'s Case.
 At the short calendar session of the superior court yesterday morning the case of the Grove Cemetery association against Bissell, MT. BIssell appeared for himself. State Attorney Williams presented motion for default for fail ure to file an answer. Bissell was giv- en week in which to fife his answer. The case of Doherty vs. Nettleton came up on the plaintiffs motion for | default. The motion wus deferred one week to allow defendant to file an an- | swer.
 Judge Blydenburgh for Editor Kenne- dy of the Derby Transcript company made a motion for judgment for costs This IS the famous libel case of Warner Vs. the Transcript that was decided some weeks ago in favor of the plain tiff. Judge Blydenburgh argued for a prompt settlement, but Judge Munger succeeded in having the cast postponed one week.
 In the divorce proceedings brought by Mrs. Carrie Maylinger against Frank | Maylinger, the bologna manufacturer the petitioner asked that the case should be placed on the ex-parte list Yesterday morning Attorney Ely, coun- sel for MT. Maylinger, filed an answer in the form of a general denial of the allegations of infldelity.
 | Isabelle Hohenstein was given a di- vorce from her husband, Archie Ho- | henstein. She was married October 25 1882 and alleges desertion and intoler- | able cruelty. She was given leave to change her name to Isabelle Montgom- cry, her maiden name.
 | Nellie LeMay was granted a divorce from George l.. LeMay on the grounds | of intemperance and intolerable cru city. The plaintiff secured the custody | of her daughter and received permis- | sion to change her name to Smith. Clara Churchill was given a divorce from Henry A. Churchill on the ground of habitual temperance.
 Lawyer Charles B. Matthewman ap-
 
 Lee from Dr. John Edward Lee. who a year ago was sentenced to five years in state prison for malpractice. The grounds for the application were infi- delity and being in state prison for an infamous crime. Birdie Maud Palmer was named as correspondent. The Lees were married in Listoweli, Canada, Oc- tober 4, 1888. Judge Roraback granted the decree, but after MT. MattheWman left the court room with Mrs. Lee he discovered that the statute did not in- clude conviction for 8 c:-me among the grounds for divorce, and taking into consideration the fact that the infidel- ity was not proven, in the fact that Miss Palmer had not testified, he issued an order to return the papers and to amend them. Mrs. Lee will probably obtain her divorce during the coming week.
 The case of the Hygeia Distilled Wa ter company against the Hygeia Ice company, for the illegal use of the name 'Hygeia" in carrying on their business will come up again on Tues- day.
 JENSEN'S CAFE ATTACHED.
 Jensen's cafe, at 47 Church street, was placed In the hands of a keeper yester- day morning, and Jacinto Casariego, who two years ago was proprietor, as- stunned the management of the concern pending a settlement of the claims. Constable Peter McNerney at o'clock attached dishes and cutlery belonging to MT. Jensen, together with the linen and kitchen stock, for $l,200, in favor of the Ulmer Brewing company of New York, to secure claim for beer furn-