Volume 39 — Connecticut Reports

Bill in equity to set aside deeds of land alleged to have been obtained by fraud; brought to the Superior Court, and referred to a committee who found the following facts: In 1855 the petitioner leased a portion of the premises described in the petition, together with a part of her dwelling-house on the same, in which she then resided, to the respondent, Darius Hoyt, who immediately thereafter entered into the possession of the same with his family, consisting of his wife…

Assumpsit for goods sold and delivered; brought to the Court of Common Pleas, and tried on the general issue closed to the court (Brewster, J.~) The court rendered judgment for the defendants, and the plaintiff moved for a new trial.

Assumpsit by tbe plaintiff as executor of tbe will of Mary Stevens, upon promissory notes executed by tbe defendant to tbe testatrix; brought to tbe Superior Court. Facts found and reservation for advice. Mary Stevens, late of Danbury, died on the 17th of December, 1866. Her estate was duly represented insolvent, and the plaintiff as her executor proceeded to settle it as an insolvent estate.

Scire facias in foreign attachment; brought to the Supe-' rior Court, and reserved on facts found for advice. The facts are sufficiently stated in the opinion. Sanford, for the plaintiff. BullocJc, for the defendant.

Assumpsit to recover the sum of $300, commutation money paid by the plaintiff on being drafted into the military service of the United States ; brought to the Superior… Held: nor any action taken by it or its agents, with reference to confirming, repudiating or carrying into effect the votes of August 1st, other than the meeting and the votes of August 29th, nor was any inducement or promise held out or made to the plaintiff by the selectmen or other agents of the town. .

Assujipsit for wool sold and delivered ; appealed .from tbe judgment of a justice of tbe peace to tbe Court of Common Pleas, and tried on the general issue closed to tbe court, before Brewster, J. The following Jácts were found by tbe court: The plaintiff was- a fanner, and resided at New Fairfield, in Fairfield county; the defendant was engaged in the hat and wool business, and in buying and selling wool on commission, in New Milford, in Litchfield county, and there resided.

SdRE facias ; brought to the Court of Common Pleas, and tried on tbe general issue closed to the court, before Brezvster, J. Judgment for the plaintiffs, and motion for new trial by the defendant. The case is sufficiently stated in the opinion.

Complaint for keeping open on Sunday a house, saloon and building in which it was reputed that spirituous liquors, ale and lager beer, were exposed for sale; brought to the City Court of Bridgeport, appealed to the Superior Court, and tried to the jury on the plea of not guilty, before Sanford, J. The jury rendered a verdict of guilty, and the accused moved for a new trial for error in the rulings and charge of the court.

General Assumpsit, to recover a commission for the sale of land by the plaintiff, a real estate broker; brought to the Court of Common Pleas, and reserved for advice on the following facts found by the court: The plaintiff began to deal as a real estate broker in December, 1868, in the town of Greenwich.

Trover for two pigs; appealed from the judgment of a justice of th'e peace to the Court of Common Pleas, and tried on the general issue, with notice, closed to the jury, before Brewster, J. The plaintiff bought of the defendant on Tuesday, July 11th, 1871, the two pigs in question, and agreed to pay him therefor $11 on delivery, and afterward, on the same day, the plaintiff and his wife selected and took away the two pigs, but not having the money then, the plaintiff…

Petition by tenants in common of certain land against heir co-tenants, praying for a sale of the land; brought to the Court of Common Pleas, and heard before Brewster, J. The Court of Common Pleas dismissed the petition, and the petitioners moved for a new trial.

Bill in equity by the petitioner as heir at law of Jeremiah Smith, deceased, alleging that a certain trust created by the will of the deceased had terminated, and praying that the avails of the trust estate might be decreed to belong to the petitioner; brought to the Superior Court, and reserved for advice on the following facts found by the court: Jeremiah Smith, the testator, resided in that part of Ridge-field known as the parish of Ridgebury, or school society of…

General Assumpsit for goods sold and delivered; brought to the Superior Court, and tried on the general issue closed to the jury, before Granger, J. The jury returned a verdict for the plaintiff, and the defendant moved for a new trial for error in the rulings and charge of the court.

Assumpsit upon the following instrument: “New Yoke, Housatonic and Northern Railroad Company. “ We, tbe undersigned, hereby agree to take the number of shares set opposite our respective names of the capital stock of the above named company, and to pay for the same in such instalments and at such times as a majority of the board of directors of said company shall direct.

Writ op error to reverse a judgment of tlie Superior Court (Minor, J.,') upon a complaint under tlie “Act to prevent and remove nuisances.” The case is sufficiently stated in the opinion.

Bill in equity, brought to the Superior Court for Middlesex county, and heard, on general demurrer to the bill, before Phelps, J. The bill alleged that in the year 1863 the petitioner deposited with Thomas C. Boardman, of East Haddam, for safe keeping, to be re-delivered .to him on demand, two bonds issued by the government of the United States, known as 5-20 coupon bonds, one bond of the denomination and value of one thousand dollars, and the other bond of the denomination…

Assumpsit by the indorsee of a negotiable note against an indorser; brought to the Court of Common Pleas for New Haven county. The case came before this court for advice, on demurrer to the plea, at the February Term, 1871, and is reported 88 Conn., 15. It came again before this court at the present term, by reservation for advice, on demurrer to two additional pleas.

Bill in equity, praying for a decree Testing the title to certain land in Jane E. Clark, one of the petitioners; brought to the Superior Court in Middlesex county, and reserved for advice on facts found by the court. The case is sufficiently stated in the opinion.

Assumpsit for money bad and received, to recover the amount of premiums paid upon a life insurance policy; brought to the Court of Common Pleas, and tried on the general issue closed to the jury, before Pardee, J. The jury returned a verdict for the plaintiff, and the defendants moved for a new trial for error in the charge of the court. The case will be sufficiently understood from the opinion.

Petitions for a re-assessment of damages on account of the widening and alteration of Main street in the city of Meriden; brought to Hon. Edward I. Sanford, a Judge of the Superior Court, on the 29th of October, 1869.

Assumpsit for money had and received; brought to the City Court of Meriden, and tried on the general issue closed to the court Q/Smith, J.~). The court found the following facts, and thereupon rendered judgment for the plaintiff. On the 5th of April, 1869, Ogden N. Phelps, of Say-brook, brought an action of assumpsit against Orrin Warner, of East Haddam, returnable before Arba H. Banning, a justice of the peace for Middlesex county, on the 12th of April, 1869.

TRESPASS de bonis asportatis; brought to the Court of Common Pleas, and tried on the general issue closed to the jury, before Pardee, J. Verdict for the plaintiff, and motion for new trial by the defendant for error in the charge of the court. The case will be sufficiently understood from the opinion.

General Assumpsit ; appealed from the judgment of a jus* tice of the peace to the Court of Common Pleas. Facts found and reservation for advice.

Indebitatus Assumpsit on the common counts; brought to the Court of Common Pleas, and tried on the general issue closed to the court, before Pardee, J. The damages, as originally laid in the ad damnum clause of the declaration, were $180, which by special leave of court were upon the trial raised to $300.

Petition for an injunction; brought to the Court of Common Pleas, and reserved for advice on demurrer to the bill. The case is sufficiently stated in the opinion.

Debt by the plaintiff, as treasurer of the city of New Haven, to recover a penalty for the violation of an ordinance of the city against building without a license; brought to the City Court of New Haven, and tried on general demurrer to the declaration before Samson, J. The City Court overruled the demurrer and rendered judgment for the plaintiff, and the defendant tiled a motion in error. The points presented will be sufficiently understood from the. opinion.

Bill in equity to set aside a transfer of seven shares of the capital stock of tbe Globe Mill Company; brought to the Superior Court for Hartford county, and tried before jPhelps, J* The petitioner Helen M. Keeney, tbe wife of Almon M. Keeney the other petitioner, is a daughter* and one of the heirs at law, legatees, and devisees, of Willis Grant, late of South Windsor, deceased.

Estile died intestate at Windsor Locks on the 20th of April, 1867, leaving a widow, Margaret Estile, and four children, viz: 'Jane wife of Jesse Lyon, Eliza wife oí the appellant, Melinda wife of James D. Mockridge, and Melissa Estile. Letters of administration on the estate were granted to Aner Sperry the appellee, on the 80th of March, 1870, at the instance and request of the appellant, in order that his claim might be presented against the estate.

General Assumpsit; appealed from tbe judgment of a justice of tbe peace to tbe Court of Common Pleas, and tried on tbe general issue closed to tbe court (Briscoe, J.'). Judgment for tbe defendants, and motion for new trial by tbe plaintiff. Tlio case is sufficiently stated in tbe opinion.

Petition for the payment of a reward offered by the town of Roelcy Hill for the detection and conviction of a criminal; brought to the Superior Court, and heard before Phelps, J. The petition alleged that on the 26th day of October, 1865, the selectmen of the town of Rocky Hill publicly offered a reward of two hundred dollars to any person or persons who should make discovery and give information against the persons or persons guilty of the crime of burning the barn of' Mrs.…

■ Assumpsit by indorsee of a bill of exchange against acceptor ; brought to the Superior Court for Hartford county, and tried’ on the general issue closed to the court (Phelps, J.~) The defendant accepted the draft for the accommodation of other parties, and with no funds of the drawer or payee in his hands, and entirely upon the assurance of the payee that funds should be provided to meet it at maturity, and he would not otherwise have accepted it.

Bill in equity for the specific performance of an agreement to convey land; brought to the Court of Common Pleas, and .tried before Briscoe, J. The bill alleged that on the 16th of August, 1869, the respondent executed and delivered to the petitioner a deed of warranty of certain lands and tenements, of which the respondent then was, and for a long time before bad been, seized in fee, lying and being situate in the city of Hartford, and described- in said deed as follows, to…

Assumpsit for money had and received; brought to the Court of Common Pleas, and reserved for advice upon the following facts: On the 5th of July, 1871, the plaintiff paid the defendant $214.04, involuntarily, and to save his iiroperty from seiz ure.

Trover for three head of cattle; brought to the Superior Court for Tolland county, and tried on the general issue closed to the jury, before Loomis, J. The plaintiff claimed to have proved that on the 22d of March, 1869, the plaintiff and one John L. Shaw both resided in the town of Wilbraham, in the state of Massachusetts, on which day Shaw had in his possession at Wilbraham, and was the owner of, the cattle described in the declaration; that Shaw on that day at Wilbraham…

COMPLAINT' for the violation of an ordinance of the city of New Britain against keeping a bar-room open in the night -season ; brought to the Police Court of New Britain, appealed to the Superior Court, and tried on the plea of not guilty, before Pardee, J. The jury returned a verdict of guilty, and the prisoner moved for a new trial. The case is sufficiently stated in the opinion.

Petition by the executor of the will of Oliver Parish, late of Hartford, deceased, for advice in the construction of the will; brought to the Superior Court for Hartford county, and reserved for advice on facts found by the court.

Petition for án injunction; brought to the Superior Court for Tolland county, and referred to a committee, who found the following facts: On the 23d of December, 1846, the Rock Manufacturing Company, the Stone Mill Company, the Leeds Company, the New England Company, the Springville Manufacturing Company, the Frank Company, part of the petitioners, the Hock-anum Company, Phineas Talcott of Vernon, and David Hale of the city and state of New York, were each the owners of a…

Trespass on the case for an injury to a dredging machine of the plaintiff caused by the negligence of the defendants; brought to the Superior Court in New London County, and tried on the general issue closed to the court.

Replevin, brought up by a motion for a new trial from the Court of Common Pleas for New London county, Willey, J. The case is sufficiently stated in the opinion.

Petition to the Superior Court in New London county, by the executor of the will of Avery Smith, for advice as to the construction of the will; reserved upon facts found, for the advice of this court. The case is sufficiently stated in the opinion.

Action on the statute concerning highways, to recover fop-an injury claimed to have been caused by a defect in a street of the defendant city; brought to the Superior Court Tn New London county, and tried to the jury on. the general issue before Loomis, J. On the trial the plaintiff offered evidence to prove, and it was conceded by the defendants, that near the place where the plaintiff received the injury alleged in the declaration, John Murphy of the city of Norwich, with…

Grandjuror’s complaint to the police court of the city of Norwich, alleging that the defendant, “ on the 17th day of April, 1871, at and within the limits of the city of Norwich, did hire and use a certain horse belonging to John Rourke, and then and there did wilfully make a false statement and misrepresentation, relative to the distance, time, place and manner of using and driving the same, with intent to defraud the said John Rourke, against the peace, and contrary to the…

Petition for the laying out of a highway, brought to the Superior Court in New London County.

Bill for a foreclosure; brought to the Superior Court for the county of New London. The following facts were found by the court. The note was for $6,000, executed by Erastus 0. Andrew to Julia C. Clark, dated December 28th, 1868, and was secured by-a mortgage oí the same date. Julia C. Clark was at the time the wife of Addison L. Clark, the petitioner. She had since died, and the petition was brought by him as her administrator.

Petition by a trustee in insolvency, to set aside a conveyance made by the insolvent; brought to the Superior Court in New London county, and heard before Loomis, J. The conveyance in question was made by Leonard M. Beck, the insolvent, to his minor daughter Anna M. Beck, on the 2d of January, 1871. On the 25th of March, 1871, Beck went into insolvency.

■ INFORMATION for unlawfully obstructing the execution of legal process, brought to the Superior Court in Litchfield county.

<p>A testatrix directed that the residue of her estaté be divided into four equal parts, and after disposing of three of the four parts severally to the children of three several brothers, gave the remaining fourth “ to the sons of my two sisters deceased, H and C.” The two sisters were successively the wives of the same husband, and H was the son of one sister and 0 of the other, and there were no other children. Held that H and C took asa class, and'C having died before the testatrix, that H as survivor took the whole of the fourth.-</p>

Ames administrator on the estate of Horatio Ames, deceased ; taken to the Superior Court in Litchfield County and heard before Foster, J. It appeared in evidence that Silas B. Moore, Esq., the regular judge of the probate court, on the 27th day of May, 1871, granted letters of administration on the estate in question to Charlotte L. Ames, the appellant, who was the widow of the said Horatio Ames, and that she accepted the office, gave bonds according to law, and proceeded to…

Assumpsit, brought to the Superior Court in Litchfield county, and tried on the general issue closed to the court, before Foster, J. The declaration contained ■ the common counts, and a special count upon tbe following agreement of tbe defendant: “ Winsted, Conn., Dec. Bd, 1869.

Petition for a highway, brought to the Superior Court in Litchfield County, and referred to a committee who reported in favor of laying ont the road. Sundry tax-paying inhabitants of the respondent town filed a remonstrance against the acceptance of the report, which was heard by the court and the following facts found thereon.

Trover ; brought to the Court of Common Pleas of Hartford County, and tried, on the general issue, with notice, closed to the court, before Briscoe, J. Judgment for the plaintiff and motion for a new trial by the defendants. The facts are sufficiently stated in the opinion. The gift of the father to the son, of the avails of his labor thereafter, was not valid as against those who were creditors of the father at the time.

Writ of error from the judgment of a justice of the peace in a criminal cause to the Court of Common Pleas of Hartford County. In this court the attorney for the state pleaded to the jurisdiction of the court, on the ground that the Superior Court bad sole jurisdiction of the cause, and the court (Briscoe, J.) sustained the plea and dismissed the cause. The plaintiff in error thereupon brought the record before this court by motion in error.

Upon the hearing the following finding was made by the judge: The entire cost of the sewer was $16,115. The amount assessed against the appellants was $2,025. They own land fronting 450 feet on the east side of. Broad street, in which the sewer was made, and it is upon this land that the assessment was made.

The following facts were found by a committee. The street in question, called Gillett street, was laid • out from Niles street north to Asylum avenue, entirely through land' of the appellant, leaving only a narrow strip on each, side of the street, that on the east side being 512 feet in length, and forty feet in width on Asylum avenue and two feet on Niles street, and that on the west side being 518 feet in length and ten feet wide on Asylum Avenue and forty-eight feet on…

The general facts are the same with those of the case of Arthur Terry y. The City of Hartford, next preceding. The land of the appellant upon which the benefits in question were assessed., lay on the west side of the new street, and was wholly separated from it by the land of the said Arthur Terry, the latter being a narrow strip extending the whole length of the new street, and forty-eight feet wide at one end, and ten feet at the other.

Disseizin ; brought to the Superior Court and tried to the jury on the general issue, before Minor, J. Plaintiffs non-suited; a motion to set aside the non-suit refused and the case brought before this court by a motion in error by the plaintiffs. The case is sufficiently stated in the opinion. cited Bacon v. Taylor, Kirby, 368; Barrett v. Trench, 1 Conn., 354; Bryan v.. Bradley, 16 id., 474; Griswold v. Allen, 22 id., 98; 2 Washb.

Covenant ; brought to the Superior Court and tried on the general issue, with, notice, closed’to the court, before Minor J. The agreement upon which the suit was brought was as follows: ■ • “ This memorandum of agreement, made this 22d day of April, 1867, by and between James C. Cooke of Middletown, Connecticut, of the first part, and John Barr and John S. Benham, both of Bridgeport, of the second part, witnesseth— “ That whereas the said parties of the second part have this…

<p>Summary Prooess to recover possession of leased premises; brought originally before a justice of the peace, by whom judgment was rendered for the plaintiffs, which judgment on a writ of error was reversed by the Superior Court and the case by order of the court entered on the docket of that court* " for re-trial. It was thus entered at the October term, 1868];mJ and came by continuances to the December term, 1871, when w the defendant moved that the cause be stricken from the docket on the ground that the Superior Court had no jurisdiction of the case, and the court (Sanford, J.,') ordered it erased from the docket. The plaintiffs thereupon brought the record before this court by a motion in error.</p> <p>1. The motion to erase came too late. Woodruff v. Bacon, 34 Conm, 181.</p> <p>2. The Superior Court had jurisdiction. The rule is universal at common law that if the higher court can try the issue left after reversal, whether of fact or law, it will proceed to do so. Otherwise it will remand the cause. A remand to a justice’s court would be a novelty.” Such is the practice in forcible entry and detainer, and in all analogous instances in Connecticut. Stuart v. Pierce, 1 Root, 75 ; Button v.-Tracy, 4 Conn., 79, 91; Sale v. Wiggins, 33 id., 101. The proceedings in the last case are a precedent precisely in .point. It was a case of forcible entry and detainer, in which the judgment of the commissioners’ court was reversed in the Superior Court, the Supreme Court affirming this judgment, and the case was placed by order of the Superior Court on the docket of that court for re-trial. It was tried and a motion for a new trial made, which the SuiDreme Court denied. The latter decision was not reported. Besides, our statute is express and ample to embrace this and all cases. Gen. Statutes, p. 46, sec. 217 ; DuBouchetv. Wharton, 12 Conn., 533 The statute authorizing proceedings on reversal, places the cause on the same ground as though it came there by appeal. Loomis v. Taylor, 4 Day, 144.</p>

Scire facias upon a process of foreign attachment; brought to the Court of Common Pleas of- Fairfield County, and tried on an issue closed to the court, before Brewster, J. The defendants were John B. Atherton, Henry A. Wheeler, Wyatt C. Marsh, E. B. Ely and Seymour W. Ely.

<p>The 43d section of the act with regard to intoxicating .liquors, (Gen. Statutes» tit. 63,) which prpvides that no contract shall he rendered invalid by the provisions of the act, applies to contracts for payment of the price of liquors sold in violation of the act.</p> <p>The provision embraces every possible contract relating to the subject-matter. It is within the powers of the legislature to ,»ass such an act.</p>

Replevin, for a quantity of tobacco and hay; brought to the Court of Common Pleas of Fairfield County. Facts found and case reserved for advice. The facts of the case, which are complicated, and a full statement of which would occupy much space, can be understood from the head note and the opinion, sufficiently for an'understanding of the legal principles involved in the case.

Bill in Equity for the correction of a deed of land, so as to make it embrace a right of way over the adjoining land of the grantor; brought to the Court of Common Pleas of Fair-field County, and… Held: the modern doctrine sweeps away, and justly, any essential distinction in respect to relief, between mistakes of law and mistakes of fact. Both are alike corrected when shown to exist.

■ Assumpsit, brought to' the Superior Court in Fairfield county, and tried on the general issue with notice, closed to the court, before Sanford J. Judgment for the plaintiff, and motion for a new trial by the defendant. The facts are suf-' ficiently stated in the opinion. , 1. The contract is void as being impossible of performance'.

Bastardy complaint. Tlie defendant was bound over by a justice of the peace to the Court of Common Pleas of Fair-field County, and the case tried in that court to the jury on the plea of not guilty, before Brewster, J. After a verdict against him the defendant moved in arrest of judgment on the ground that the town of Danbury, to which the complainant belonged, and to which her child was liable to become chargeable as a. pauper, was interested in sustaining the complaint,…

Writ op error to the Court oí Common Pleas of tbe county of Fairfield from tbe judgment of a justice of tbe peace upon a summary process to recover possession of leased premises ; tbe plaintiff in error being tbe defendant in tbe original suit.

Assumpsit upon a contract of the defendant town to purchase and pay for a bridge, erected by the plaintiffs ; brought to the Superior Court in Fairfield County.

Bill of foreclosure of a mechanic’s lien; brought to the Superior Court in the county of Fairfield. Facts found by a committee, decree for petitioner, and motion in error by certain of the respondents who were later encumbrancers.

Assumpsit, for the rent of leased premises ; brought to the Superior Court in Fairfield County. The lease was an indenture under the seals of both parties, and a verdict obtained by the plaintiff at the March term of the court, 1870, was set aside by this court in October, 1870, upon the defendant’s motion for a new trial, on the ground that such a lease would not support tbe action of assumpsit.

Assumpsit for use and occupation and for money bad and received; brought to the Court of Common Pleas of Fairfield County. The plaintiff sited as trustee of Emily K. Bailey, a married woman, under the statute, by appointment , of the court of probate in the. place of Halcyon G. Bailey, her husband, who was removed from the trusteeship by the court.

Bill for a foreclosure of a mechanic’s lien on a building; brought to the Court of Common Pleas of Fairfield County. The court found the following facts:— The respondent was the owner of the land described in the petition, upon which he had erected a' double dwelling-house. Each half of the house was constructed and arranged to be heated by a portable hot air furnace, and pits for the location of the same were constructed by the respondent in the cellar of each house.

A.ssumpsit, by the plaintiff as assignee of a non-negotiable note, against the maker; brought to the Court of Common Pleas of New London County, and tried on the general issue, with notice- of a set-off, closed to the court.

ACTION on the case, for an injury received from an alleged defect in a street of the defendant city; brought to the Superior Court in New London County, and tried to the jury on the general issue before Minor, J. Verdict for the plaintiff, and motion for a new trial by the defendants.

Ejectment, to recover possession of a tract of land known as Tracy’s Island in the Biver Thames; brought to the Superior Court in New London County, and tried on the general issue closed to the court. The court found the following facts : Previously to the year 1818, in the middle of the Thames River, just below the junction of the Shetucket and Yantic rivers at Norwich, there were flats or middle ground, then covered with water about three feet at ordinary low tides.

Appeal by tlie appellant as administrator on the estate of Evan Davis, from a decree of a probate court extending the time for presenting claims against the estate ; taken to the Superior Court in Middlesex County. The decree appealed from was as follows : “ At a probate court holden at Middletown, within and for the district of Middletown, on the 9th day of December, 1870; Estate of Evan Davis, deceased.

Bill lor an injunction against the collection of a tax by the respondent town ; brought to the Superior Court in Mid-dlesex County.

Trover for a quantity of grain bags; brought to the Superior Court in the county of New Haven, and tried on the general issue, closed to the court, before Sanford, J. The court found the following facts:— The plaintiff on the 10th 'day of August, 1866, was carrying on the business of making, selling and renting bags, in the city of' New York.

Trover for sundry bags of meal; brought to the Superior Court in New Haven County and tried, on the general issue closed to the court, before Sanford, J. The declaration contained three counts, one for three hundred and sixty bags of meal owned by the plaintiff in severalty, one for seven hundred and twenty bags owned by the plaintiff and one John T. Gill in common, and one for eleven hundred bags owned by the plaintiff, the defendant and the said Gill in common.

Petition for the abatement of a nuisance, under the act of June 17, 1870, which provides that any person or numbér of persons claiming to be aggrieved by the carrying on of the manufacture of fish oil, phosphates, etc., in such a manner as to constitute a nuisance to the public or to individuals, may bring their petition to the Superior Court praying for the abatement of the nuisance.

Bill in Equity to compel a conveyance of land under a covenant for a deed; brought to the Superior Court in New Haven County.

Trespass on the case, for an injury to the plaintiff caused by the negligence of the defendants ; brought to the Superior Court for the county of New Haven, and tried on the general issue, closed to the court, before Minor, J. . The declaration contained two counts.

TROVER for a quantity of oats, brought to the Court of Common Pleas for New Haven County. Verdict for the plaintiff and motion for a new trial by the defendant. The case is sufficiently stated in the opinion.

Bill in equity for an injunction against the use of a trade mark; brought to the Superior Court in New Haven County. Facts reported by a committee and case reserved for advice. The facts of the case are sufficiently stated in the opinion of the court.* cited Or oft v. Bay, 7 Beav., 84; Pdelston y. Vide, 23 Eng. Law & Eq. R., 51, 56, 57; Badgers v. Nowill, 5 Mann. Grang. & Scott, 109; Ourtis v. Bryan, 2 Daly, 312; Walton v. Qrowley, 3 Blatchf., 440 ; Bale v. Smithson, 12 Abb.

Assumpsit on a promissory note ; brought to the Superior Court in New Haven County, at its December Term, 1871.

Appeal to the Superior Court from an assessment of benefits from the widening of a street in the city of New Haven, heard before Minor, J. Upon the trial it appeared that the common council of the city of New Haven, on the 4th of May, 1871, accepted and approved a report of the ■ board of road commissioners of the city, laying out an alteration and widening of West Water street, from State street to Columbus street, which was duly approved by the mayor of the city.

Assumpsit on a receipt for property attached ; brought by appeal from a justice of the peace to the Court of Common Pleas in New Haven County, and tried, on the general issue, with notice, closed to the court, before Pardee, J. Upon the trial it was proved.that on the first day of July, 1872,' one Herbert E. Norris and one William J. Skinner were, and for some time had been, equal partners carrying on business on the premises described in the receipt below given.

Debt on judgment; brought to the Court of Common Pleas of New Haven County, and tried on the general issue, with notice, closed to the court, before Pardee, J. The court ■found the following facts: The plaintiff, Cunningham, brought an action of assumpsit against the defendants, partners under the name of C-Rogers & Brothers, before a justice of tlie peace of the town of Meriden in New Haven County, where both parties resided, and recovered judgment on the 28th of October,…

Action on the statutes of 1868 and 1872 “ for encouraging and regulating fisheries,” brought to the city court of the city of New Haven.

INFORMATION for a libel, brought- to the police court of the city of Meriden, which court found probable cause and bound the defendant over to the Superior Court for the county of New Haven.

Trespass, for talcing and carrying away personal property; brought to the Superior Court in the county of Fairfield, and tried to the jury upon the general issue, with notice of a defence under a replevin process, before Minor, J. Yerdict for the plaintiff, and motion for a new trial by the defendants for errors in the rulings and charge of the court. The case is fully stated in the opinion.

Bill in Equity for an injunction against the removal by the respondents of a side-walk in front of the premises of the petitioner, claimed to be upon a public way ; brought to the Superior Court in Fairfield County. The court found the following facts : The respondents are a railroad company, and were organized under their charter, with the usual powers of such a company, in the year 1844.

Assumpsit, brought to the Superior Court in the county of Fairfield. The declaration contained originally a single count in general assumpsit for goods sold, money had and received, &c., the writ describing the plaintiff as executor of the will of one Elizabeth H. Godfrey, and declaring upon an indebtedness to the plaintiff as such executor, and a promise of the defendant to him as executor, and claiming damage to the amount of $800 to him as executor.

Scire facias, upon a process of foreign attachment; brought to the Court of Common Pleas of the county of Fairfield, and tried on the general issue, closed to the court, before Brewster, J. Judgment for the defendants, and motion for a new trial by the plaintiff. The case is sufficiently stated in the opinion.

Judgment reversing the decree of the court of probate, and motion for a new trial by the appellee. The case is sufficiently stated in the opinion.

General assumpsit, for money paid and on an account stated; brought to the Superior Court in Hartford County, and tried to the jury, on the general issue, with notice of a discharge by a composition deed, b'efore Pardee, J. Upon the trial it was admitted that the defendant, who was a manufacturer, on tbe 27th of March, 1868, was indebted to tbe plaintiffs, who were commission merchants, and bis principal creditors, in about tbe sum of $45,000, and that both parties were…

G-randjuror’s complaint for keeping intoxicating liquors with intent to sell, brought before a justice of the peace of the town of Yernon, in Tolland County. The justice found the defendant guilty and rendered judgment that he “ pay a fine of twenty dollars to the treasurer of the town of Yernon.” The defendant appealed to the Superior Court, in which court he moved that the case be stricken from the docket on the ground that the judgment of the justice was void.

Assumpsit for supplies furnished to a pauper claimed to belong to the defendant town; brought to the 'Superior Court in Tolland County, and tried to the court on the general issue.

Bill in Equity, to obtain the title to certain real estate, brought by the petitioner as trustee in insolvency of the estate of the respondent Stephen A. Cooke, the title being in his wife.

Assumpsit, against the defendants as late partners under the name of McMartin, Pierson. & Co.; brought to the Superior Court in Hartford County, and by a motion in error from the judgment of that court by the defendant McMartin, brought to this court. The case is fully stated in the opinion. The parties all resided in the state of New York and no service was made upon any of the defendants, the only service being upon certain garnishees who were factorized in the suit.

Petition for an injunction, brought to the Superior Court in Hartford County, and reserved, upon facts found by a committee, for the advice of this court. The case is sufficiently stated in the opinion. cited 2 Kent.

The following opinion was given by Hon. O. S. Seymour, Judge of the Supreme Court, in two cases in the Superior Court in Hartford County, submitted to him as an arbitrator, under a rule of court, by William T. Lawrence, plaintiff in the one, and Peter Lux, plaintiff in the other, and Nathaniel Shipman and George M. Bartholomew, defendants in both cases, the defendants being trustees.

INFORMATION for burning a barn; brought to the Superior Court for Windham County and tried to the jury, at its August term, 1873, on. the plea of not guilty, before Seymour, J. The defence was that the prisoner had not sufficient mental capacity to be criminally responsible for the act; The charge of the judge, which sufficiently states the facts of the case, was as follows: