The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-17
COURT ADJOURNS.
Jury Waived Term
Passes Out of
Existence.
OBEYED ORDER OF THE COURT.
Proceedings Against l. L.
Currier Dismissed--J Judge
Hardy's Decisions.
OBEYEO ORDER OF THE COURT.

first case called was that of court pro-
ceedings against Israel L. Currier in the
case of Weeks VS.. Currier. The pro-
ceedings We're dismissed, as the defend
ant had complied with the order of the
court, The case had to do with the
transfer of a lot of real estate in New
Hampshire, and when heard in the SUI
perior court the decision was for the
plaintiff, and the defendant, Currier,
was ordered by the court to give the
plaintiff a clear title to the property.
He failed to do this and was brought
into court Wednesday to show cause
why he should not be dealt with for
| contempt BY agreement of counsel the
case was continued till yesterday, and
in the meantime Currier had complied
with the order of the court and given a
title deed of property in question.
Judge Hardy handed down several
decisions yesterday.
In the case of Benjamin F. Brook VS..
Rufus B. Holden of Barre, he found for
the plaintiff in the sum of $20S1.6S, and
on the declaration in the set off he
found for the defendant in the sum If
$3.50. lockwood Hoar for plaintiff, and
| Morgan & Stewart and A. p. Rugg for
| defendant.
In the case of William Allen ct ali. VS..
Boston Paving Co., the finding was for
the plaintiff in the sum of $lS.3S. 1t was
an action to recover $71.40 and interest
for labor material and expenses
Thayer & Perry for plaintiff, and Shee-
han & Cutting for defendant.
The court ordered a judgment of S2OG
for the plaintiff in the case of city of
| Worcester VS.. Henry A. Hoyt ct ALI,
| and assesses damages in the sum OF
| $3.50 s. for which execution is to be is
ESued. This case was an action to recover
on bond a. P. Rugg for city; Black
mer & Vaughan for defendant.
In the case of Joseph F. Boyden VS.
| the Security Associates the court found
for the defendant, William H. Warren,
who is exempted from liability in the
case. Rice, King & Rice for plaintiff;
| lockwood Hoar for defendant.
On a technical point involved in
motion to dismiss, the case of William
| H. Jourdan, the well known coal man,
against the Worcester Electric Power
| Company and tr., goes to the supreme
court. When the case came up in the
superior court before Judge Hardy this
morning, the defendant was called ana
| defaulted.
Frank B. Smith appeared for the
plaintiff; w. e. Healy, Eben F. Thomp-
son for the defendant.
Another case to go to the supreme
court on exceptions which have been
| filed is that of Eleanor E. Conlin VS..
! John E. Doyle in an action of the two
parties on Jefferson street, the plain
| tiff claiming possession by proscrip-
| tive use during the last 20 years. The
court found for the defendant, holding
| that there was no easement created In
| favor of the plaintiff, and the bill is
| dismissed by the court with costs, the
plaintiff making exceptions. Sullivan
| & OConnell appeared for the plaintiff;
| Charles M. Thayer for the defendant.
The will case of John J. Sullivan
against Timothy Sullivan, involving
| the will of the late Catherine Sullivan,
| in which an agreement was reached
! at the time the case came up for trial
in the supreme judicial court last
| April was called before the considera-
| ton of Judge Hardy yesterday morn
! ing, and the petition of Henry L. Park
err Jr., as counsel for the petitioner, for
a partition of the property among the
heirs under the authority of the court,
| was allowed, with the appointment of
| the following commissioners: Albert
| w. Phillips, Charles A. Kabley and
| Charles ]. Tiara.
The first case heard before Judge
Hardy, in the jury-waived court, was
| that Of Carl Frederickson VS.. Clinton
Wall Trunk Manufacturing Company
and trustee. This was an action of
contract. to recover $4,000, in the hands
| of Herbert Parker, trustee. H. l..
| Parker, Jr., for the plaintiff and c. c.
Milton for claimants.
Nathan Hercules, a well known jew
eler of Boston, was in court yesterday.
| He was the plaintiff in case against
| J. Paul WeiXler of this city. The case
| is an action of contract to recover for
| about $500 worth of jewelry sold the
| defendants father, and for which
note was given. At the close of the
| arguments the defendant filed an
| amendment to his answer, and the
| court reserved it's decision. Marvin M.
| Taylor for the plaintiff; ]. K. Greene
| for the defendant
| The last case of the morning was
| that Of William Mullen against Els
worth z. Howe, in bill in equity to
| redeem a mortgage, and compelling
! the defendant to allow The plaintiff to
cancel the mortgage as soon as an
auditor has determined the amount
| due the plaintiff laying claim to $1,000.
]. H. Bancroft appeared for the plain
| tiff: Willis E. Sibley, Sullivan d
| O'Connell for the defendant.
| After extended preliminary discussion
| the Darties in the case of Elizabeth NJ.
| Collery against George E. Toohey,
| have agreed upon a master, Willis e.
| Sibley being confirmed by the court
| this morning. The case is a bill in
| equity. Williams & Williams for the
plaintiff; T. P. Connolly, Herbert Park
| er for the defendant.
| A pitiable and pathetic tale of do
nestle sorrow was told in the case Of
Katie A Hammond VS.. Ralph Ham
mond of this city. The libellant al
legged cruel and abusive treatment and
! desertion. A decree for desertion was
| granted, the libellee being called and
| defaulted Congressman John R..
| Thaver appeared for the libellant.
! The divorce case of Ardell NJ. Wick
ers against Albert Vickers both of
| Providence. was heard. the grounds
| alleged being desertiOn. The parties
| were married in 1888, and the desertion
| took place in 1895 Judge Hardy re-
served his decision. Both parties are
| colored, and the libellee was called and
defauted James F. Ryan appeared
for the libellant.
The case of Harriet Z. Clough VS..
! Elias S. CloUgh, a libel for divorce, was
dismissed without prejudice, on motion
| of libellant.
| The case Of Lincoln ct al. VS.. Lincoln
was called, and defendant defaulted.
! The case of Lincoln ct ali. and trustee
i vs. Lincoln was called ana DEFENDANT
again defaulted.
/ In the case Of John ]. Sullivan vs..
Timothy Sullivan, an agreement was
filed and allowed.
| In the case of J. B. Scott (exor.) VS..
town Of Grafton, an action Of contract
brought to recover $1,000 in trust with
the treasurer of the town of Grafton,
the proceeds left from a tax sale OF
nropertv OF Ellen p. Wheeler, after
| 1avment of taxes, a bill in equity was
| offered by Col w. S. B. Hopkins, coun-
| eel for. the Grafton savings bank, en-