New Britain herald., 1926-10-05
STATE SUPREME
 COURT MEETINGS
Thirteen Gases Set for Hearings
 This Week

TdTllOTC, Oct. 5 pE-The OCtO- Der term of the Connecticut su preme court of errors. first judicial district, comprising Hartford. Tol- land, Windham, Middlesex and Litch field counties. opened here this morning with the assignment Of IS cases for hearings this week. Five of them were scheduled for argu- ment today. The session opened with the full court present.
 The first case heard was that of Eva Arlowski, represented by T. J. Wall. against Joseph Foglio. repre- sented by T. F. Ryan, a plaintiffs appeal from the Litchfield county court of common pleas. The case involves a fight in Harwinton on July 19. 1923, on the little old farm .of Charles Arlowski. which resulted in his wife's suing Joseph Foglio for an alleged assault on her with an axe. She demanded s2,000 dam- ages in the court of common pleas, but the decision went against her and Foglio, who submitted counter claim, won a judgment for s125 and costs.
 The second case today was the ap- peal of the Pomfret school from the action of the board of relief of Pomfret which refused to exempt the school property s16S,o00, from taxation. The appeal was dismissed in the superior court of Windham county by Judge Edwin C. Dicken- son who held that the Pomfret school is a private school "calculat- ed manifestly to interest only those who have the means and disposition to separate their children from the public schools" and thus never in tended to be exempted from taxa ton by the statutes. The school ap- pealed to the supreme court on the claim that Judge Dickenson erred in finding that the school is not an academy and mistook the law as to exemption provided in chapter lo9 of the public acts of 1921.
 The third case assigned today concerned an appeal from the de- cision of Judge John w. Banks Tn the Middlesex county superior court that Herman Poliner and his pre- decessors in title had acquired a right of way across premises of An- ma Fazzino of Middletown. The failure of one of the plaintiffs pre- decessors to claim the right Of way was the point of law involved
 An interesting item was the basis of the fourth case assigned for hear ing. It was the second appeal of the case of Salvatore Mazzotta of Mid dletown against Max Bronstein and others of Paterson, N. J. The case was originally foreclosure Of a mechanics lien against A factory building in Middletown and both sides appealed to the supreme court, The judgment was set aside and judgment directed for Mazzotta to recover S14,957.S9. Judge Avery o1 the supreme court allowed interest of s1,67S from August 1924, tc August 1926. and ordered forcclo- sure on September IS, 1926. The next appeal was taken on the ground that the court erred in rendering z judgment larger than the supreme court had directed.
 l For year past the position o first selectman of Sayhrook has beer in dispute and the question returned to the supreme court for a second time. It was the last case assigned for today. Austin H. Denny, repub lican, Is the one taking the appeal After an order from the supreme court the ballot boxes were opened and the ballots counted before Judg' E. c. Dickenson in the superior cour Judge Dickenson found that Franl S. Pratt, democrat had 156 ballot for first selectman. Denny had 115
 and that there were S3 disputed bal
 lots counted for neither party al first selectman and that Pratt wa
 elected. The disputed ballots arr the trouble.
 Cases assigned for tomorrow arr Iall from Hartford county.