The daily morning journal and courier., 1898-05-05
Superior Court-Civil Side. DEMURRER SUSTAINED

Superior COurt-Civil Side.
 DEMURRER SUSTAINED.
 In the superior court yesterday Judge Elmer sustained the demurrer of the appellees in the case of Hugh Plum kett's appeal from probate, which vir tually disposes of the case. The litiga- ton arose out of a claim presented | against the estate of Philip Cook by | Hugh Plunkett for S386. Cook died | some years ago leaving will bequeath- ing life use of two houses on York | street to one Margaret Reilly, which at | her death was to go to certain heirs of | the deceased. Margaret Reilly died | about two years ago and the remainder estate was administered upon, Judge Robertson being appointed ad- | ministrator. Hugh Plunkett had the | care and control of Margaret Reilly's | interest, collecting the rents, etc.. and | paying for repairs and improvements upon the property for a period of ten years or more He presented his bill, l as her agent, against this remainder estate in the hands of Judge Robertson l for $3S6. The heirs and legatees of Philip Cook, through their attorney, c. l B. Matthewman, objected to the pay l ment of the bill, claiming that the re- l mainder estate was not liable for any claims of any nature made by the life tenant, and that this was the common law rule as laid down in Connecticut. Attorney James F, Pigott, counsel for 1 the appellants, contested this position and cited the laws of Massachusetts and other states to substantiate his claim, and undoubtedly if MT. Plunkett lived in those states he could recover. Judge CleaveTand disallowed the claim, and MT. Plunkett appealed to the supe- rior court. Here MT. Matthewman filed a demurrer to the facts as alaged, and as stated, Judge Elmer has sustained the demurrer
 Superior Court-Criminal Side-Judge
 shumway.
 In the superior court, criminal side before Judge Shumway and jury, yes- terday the evidence in the trial of Dr. Henry F. Gill, charged with attempt ing to procure an abortion, was com pleted. The arguments will be made this morning and the case will go to a jury.
 HABEAS CORPUS CASE
 The counsel in the habeas corpus pro- ceedings in behalf of Charles Hull and his family to secure their release from the Pennington poorhouse argued the case before Judge Elmer yesterday.
 LEE EMBRACERY CASE,
 Judge l.. M. Hubbard has overruled the demurrer filed by counsel for Thom- as F. Lee in the embracery case. The case will be tried at this term of the court
 Court of Common Pleas--Civil and Crimi- l nal.
 Judge Hubbard of the court of com mon pleas yesterday heard the testimo- ny in the case of Walter S. Jones against Christian Streit. The action was brought to recover on a disputed joiner's bill of $500.
 The case of Edward Mcdonald, charg- ed with cruelty to horse in Madison, was resumed before Judge Studley and a jury in the criminal side. The horse in controversy is said to have cost the accused $2.
 DIR. BOND ATTACHED.
 Deputy Sheriff Dejon yesterday at- { tached property of Dr. Elijah A. Bond in a suit brought by his sister, Hannah Bond of Millbury, Mass. to recover $500 loaned The sheriff took into his pos session two carriages, three horses and all of the household furniture in the Orange street house where Bond for | merly resided.
 City Court-CriminaI side--Judge Bishop.
 In the city court yesterday morning, before Judge Bishop, the case of Will liam H. Sorden, a hack driver, charged with cruelty to his horses, was contin- ued until Saturday.
 The $200 bond of Louis Allison, charg- ed with the theft of bakers imple- ments, was called because of his fail ure to appear in court. His bondsmar is Samuel Lapides of 79 Oak street.
 The case of John A. Adley, charged with the theft of a pair of golf stock . ings and twenty cents from James A Hamilton, was nolled upon payment o1 l S4 35 costs.