The daily morning journal and courier., 1898-03-12
IN AND ABOUT THE COURTS
ORTCALENDAR s SESSION HELD BY
 JUDGE WHEELER,

Consolidated Asks That Mandamus Pro-
 ceedings be ouashed-CIaims Against
 Greeley Company Receiver of Mersicl
 Company.
 At the short calendar session of the superior court before fudge George w. Wheeler yesterday Counsel F. G. Buck land for the Consolidated railroad filed motion to quash the mandamus pro- ceedings in the Olive street bridge matter. He set up the following req sons;
 1. The charter of the city of New Haven pretending to authorize the passage of the order to- build sucn bridge, provides a full and adequate remedy for the failure to obey said or der, modified as aforesaid, and such remedy is exclusive of other. In other words, the city can built the bridge and charge it to the railroad company. ?. It does not appear by said appn- cation or by said writ that the railroad commissioners have ever determined length, width, nature or plan of any bridge over the said roadbed Of the New York, New Haven and Hartford Railroad company at Olive street, or | it's height above the roadbed. Judge Wheeler took the papers un- | der consideration and said that he would next week assign day for the ] hearing.
 | Clarissa Schneider of Ansonia obtain | ed a judgment of foreclosure against Merritt w. Burwell and others for a debt of s5, 3O626. The property is on Redfeld street.
 l Attorney Hamilton for Mrs. Mary l Gallagher, widow of the late Patrick | Gallagher asked for an order of affirm ance in the appeal from the doings of | the probate court in admitting the will of the late Patrick Gallagher to pro bate and that costs should be taxed against the contestants Judge Wheel | CT refused to issue an order. | Tn the Peck Brothers company estate the motion for confirmation of safe was | allowed. Joseph Porter, the receiver, said that the sale of the business was for virtually $312,000 and the price be- ing $265000, with mortgage of $47,- | 000
 | The motion for the appointment of l Charles s. Mersick as receiver of the estate of the New Haven Chair com- | pany in place of Edwin F. Mersik, re- signed by reason of illness, was disal- lowed and the other receiver, Isaac N. Damn, was authorized to continue the business.
 The case of Edwin S. Greeley against the E. s. Greeley company came up on motion for approval of the report of the claims allowed and of the receiver s account, and for an order for allow ances and the payment of the final dividends The receivers report show ed claims allowed, SITS. .726.1O; cash on hand, balance in Yale bank, october G. 1896, s6296; collected from debtors out { side of New York, S3S,21l24; received from sales of choses in action. $66; re ceived from auxiliary receiver, United States circuit court, s67,s591S; total $107, ,S93. .3S. The receiver asks to be al | lowed for travelling expenses, S4S5l9 expenses for collection of choses, $22, SO5; clerk hire, s26,530; sundries, s30,7sSi advertising, $53.95; Henry c. Newton services as counsel, S93S70 receivers services, s625; balance in hands of re. ceiver for dividend s104 ,09652; claims allowed S173, ,72620; disallowed, $710 35 This will pay the $50 creditors divi' dend of 60.01 per cent.
 The Bradley, Damn & Darlington company affairs were before the cour
 on application by Finest l.. Isbell, re
 ceiver, for authority to pay preferred
 claims. Among the preferred claims !, were the bills fo the two appraisers w. A. Warner and F. l.. Leighton, fol
 2S0 hours at S1 an hour. Judge Wheel CT questioned each of them at lengtl and allowed them si00 each cutting
 down their bills more than half.
 A decree of divorce was granted il
 the case of James Ainscoe from hi
 wife, Caroline Ainscoe, on grounds o
 desertion and infidelity.
 NEW LITIGATION.
 The papers in an application for l;
 temporary injunction restraining T. F . Ryan of this city from Ievying anSexe
 cution against Richard w. Lynch wer returned to the common pleas cour yesterday.
 Architect David R. Brown ha
 brought suit against Mortz Spier fo
 $550 and property at the corner of Or
 ange and Lawrence streets has beel
 attached.
 City Court-Criminai side-Judge Bishop
 Tn the city court yesterday morning
 before Judge Bishop, Walter J. A
 Schirner and Paul R. Schirner wer
 each fined $3878 for violating the liduo