The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-02-10
IN AND ABOUT THE COURTS
IMPORTANT DECISION RELATING
no THE PRACTICE ACT


Judge Prentice In the Case of the Win
chester Arms Company Against N. T., N.
III. & H. r. II. Company-Trustee futile
Removed Other Court Notes.
In the superior court, civil side, yes
terday afternoon Judge Prentice rem
dered a decision in the case of the
Winchester Repeating Arms company
against the New York, New Haven and
Hartford Railroad company, which
will be of great interest TO lawyers.
The decision was given on motion by
the defendant corporation, through it's
attorneys, Watrous & auckland, to ex-
punge certation portions from the sub
stituted complaint as amended by the
plaintiff. Judge Prentice filed mem
orandum of his decision, in which he
discusses the rule Of pleading as laid
down in the case of the Craft Refriger-
ating company against the Quinnipiac
Brewing company, reported in the Six
ty-third Connecticut. This rule directs
that the plaintiffs elect on which count
they will go to trial. After carefully
reviewing the case and citing many au-
thorities Judge Prentice grants the de-
PENDANTS motion to the extent that the
plaintiff is ordered to separate into dis
tinct counts it's several causes OF ac-
ton, If it desires to reply upon more
than one, and to state such cause or
causes of action in distinct and certain
averments which shall avoid recitals
of evidential matter, allegation OF facts
which are not ultimate and operative
facts, and averments of facts which
are not material to the causes of action
being stated.
This decision, although not especially
interesting to the general public, is of
great interest to those of the legal pro-
fession, inasmuch as it relates to an
important section of the practice acts
and to one of the recent leading cases
| in code pleading.
The case in which this ruling is made
| is one brought by the Winchester Re-
peating Arms company to recover from
the railroad company for goods lost in
the fire which occurred at the Long
| wharf freight house in July, 1898.
| SUIT OF INTERPLEADER
| In the superior court before Judge
Prentice the case of the Knights of Co
| lumbus against Thomas and Anna
| Rowe was tried and decision reserved.
David Rowe had his life insured in the
| Knights of Columbus for $1,000 and his
father, Thomas Rowe, was named In
the policy as the beneficiary. Anna,
the widow of the deceased claims the
| benefit under the constitution of the
organization, and the suit is brought to
| determine the rights of the parties.
FORECLOSURE.
Judge Prentice granted an order of
| foreclosure in the suit to recover on a
note for $4,000 held by William J.
Clark against Morris Berman yester-
day. The property in question is on
| Cedar street.
GOES TO THE JURY SOON.
In the case of DIR. Budd against Miss
/ Lena Phipps before Judge Wheeler and
jury yesterday Miss Phipps testified
| in her own behalf. The case will prob
ably go to the jury to-day.
TRUSTEE FUTILE REMOVED.
Former Tax Collector Theodore A
| futile, for twenty-five years trustee OF
| the estate of the Elm City company
was removed by order of Judge Cleave-
land in the probate court yesterday
The Elm City company, manufacturing
| ruf11es and crimping machines in this
city, failed on March "a, 1876, and Mr.
| futile was appointed trustee. The es-
tate owned several patents, which af'
terward became involved in litigation
which litigation led the bondsmen t
institute an inquiry with view to his
removal The bondsmen claimed tina
futile had not properly managed thu
estate but the claim did not allege tina
he had been at all dishonest.
In concluding his decision Judg'
CIeaveland saysIt is not necessary, TO
the purpose of this decision to pas
upon the naked question: raised by thu
applicants, whether trustee coul'
lawfully make the contracts, In evi
dence, since, considering the affidavit
made by this trustee after the recover.
Of Judgment for $4,000, IN connection
with the execution of those contracts
and after an apparent final settlement
of the estate in the probate court. thi
court finds that the estate is not bein
properly managed by said trustee. Al
order, therefore, will be entered tina
he be removed, such removal to dat
from the qualification of his successor
DIR. sANFORD'S ESTATE.
| The inventory on the estate of tn
late Dr. l.. ]. Sanford shows it is value
at s95,7OO.
JUDGMENT FOR $3.50.
In the court of common pleas .yester
day afternoon a Judgment by defaul
: for $3.50 was granted to George BENIN
against James and Ada Roberts, all {
oxford. The Judgment is given in
suit to recover for services rendered.
City Court-Criminal Side-Judge BOW.
In the city court yesterday mornini
| before Judge Dow, John McFarlan
n was sent to Jail for thirty days for as
saulting his mother.
Edward Lavigne was fined 81 an
$5.42 costs for drunkenness
John e, Reilly, charged with breac
of the peace, was discharged.
Francisco Solzino was fined 81 an
$3.50 costs for breach of the peae
against Antonio Militia.
!, STATE ID. "A. r. GREETING