Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-04-16
Berkeley County Items.

ley county, we'eOpy from the last issue of.the
NesO Era = s-o
CIRcUTT CoURr.-our Court ad;our,.5
on Saturday evening last, having been in ses-
sion for three weeks, and averaging, batveer
i've and six hours each day. The docket
was large there being upon it upwards of $50
cases, including some rs chancery cases. We
conclude our report of the proceedings.
Daniel Fleming rs. E. and j. Wason.Z.
This cause occupied three DAYS of the Conrt
and involved the examination of many wit.
nesses. 1t was suit for malicious arrest. the
plaintiff charging that it was at the iustiga-
ton OF the defendants that he was three
times arrested in the year 1864 by the U. S.
military authorities and sentenced to two
years at the Dry Tortugas. damages claimed
s9UUV- The points of law involved were
eiaborately argued by Blackburn and Stanton
for plaintiff, and Andrews and Faulkner far
defendants The jury returned verdict of
one cent damages. a question then arose as
to the costs. The Court refused to certify
that the conduct of the defendants in causing
the arrest OF Fleming was wilful and mali
cious, aud In consequence of such refusal the
plalntiH RECEIVERS no costs of the defendants.
Nm IL. Portertfetd, Admir-, u.s. u. Guns
ntnghGna.-Motion for a new trial based up
on the ground that the plaintiff, who was the
administrator of his brother, was in the case
improperly admitted to testify as u witness.
1t was upon his testimony alone that the YER
dict was rendered. Application for new
trial argued by Faulkner and resisted by Pen
dleton and Stanton. The Court oysrruled
the motion bill of exceptions taken to the
decision of the Court, and a suspension of
the execution for forty days to enable the de.
PENDANT to take the case to the Court of Ap
pcals.
Henry B. Davenport as. j. T. Gibson
Question upon the construction of Colonel
Braxton Davenport's will, whether the plain.
tiff was bound u secure by general or spe-
clal warranty, the landsS devised to Defend
ants. The Court decided that the interest of
the testator would be accomplished by spe-
cial warranty of title. Pendleton for com.
PSInant, Faulkner for defendants.
W. H. WuLfer Us. j. Z. Hazcl,coo6.-
Upon notice to have the value of rent, re-
served in grain, for the year 1868, ascertaiued
by verdict of jury. Defence by tenant,
that the grain was seized by the rebels under
Gen. Early. Andrews and Faulkner for
plaintiff Blackburn and Stanton for defend
ant. Verdict for defendant.
q. Al. Shafer Us. l. y Burns.-Actiou
upon Bond. Ofsetts pleaded. Judgment
by Court for plaintiff. i. NJ. Shaffer for plain.
Ezra Herring Us. Co.. J,.A. Harn,nn.-
War trospass. Damages claimed S25 ,OOO.-
Question argued so far as the non resident de-
PENDANTS are concerned, whether the State
OF West Va, has any jurisdiction to impIead
them IN her Courts. As to Col. White of
Hampshire, plea in abatement as to the iu
risdiction of the Berkeley Court. For plain
tiff Blackburn and Stanton for defendants
PendletoD and Faulkner.
Mcdonald Us. McDonalG-Jas. L. Camp.
bell. the purchaser of tie land. filed n bill of
injunction to prevent any decree being rem
dered in the case until all the matters in which
he is interested shall be fully heard Ly the
Court.
The following cases, what we call war tres
pass, were dismissed by the plain,iffs-the
damages laimed ranging from $1,000 to $4,000:
z. +. Laise as. Mary Staub, Col. j. O. 4.
Nadon6ouSch and others. VIM. Miracle as.
Mary Staub and others. Wm Parkinson rs
U. w. SHllwell. Benz. Busey Us. Amos
Payne. Busey Us. Timberlake
Vim. Dorsey Us. r. CunminqhGm.-Thfs
case involved question Of peculiar interest
to our citizens The windows on the west
side of Mr.. Dorsey's house overlook the gar
den attached so Mr. Cunningham's propertv.
NecentIy an attempt has been made to erect
a building some four feet from Mr. Dorsev's
windows; au injunction was obtained for
bidding the erection of the building, upon
the ground that these were ancient lights.
whose enjoyment could not be impaired bv
the CO terminous lot-hoder This gave rise
to an elaborate discussion, which occupied an
entire day of the Court, involving the whole
range Of English and American authorities
on the subject of ancient lights, and the poll
cy of recognizing that principle in new and
growing country like our own. The papers
were submitted to the Court, and decision re.
served until next term. Faulkner for COM
Plainant, and Blackburn and Stanton for de-
PENDANT.
The case involving construction of Mrs
Cooper's will was taken under Amusement I'm
til next term Of the Court
There was large number of DEGREES of
reference, distribution and sale made during
the term.
A SCoUNDREL.-A man by the name of
Davis called at the residence of Thomas Dim.
ham. Esq, in Darkesville, last Thursday. and