Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-08-30
SUPREME COURT OF AP-
PEALS,


The Court of Appeals of this State
adjourned on Saturday to meet again IN
Charleston, Kanawha county, on the ID
Wednesday in January next.
The dispatch with which the Court
disposed of the buiness before 1t, show
ed familiarity with thelaw which, from
all we can understand from the gentle
men of the bar, made highly favorable
impression upon those of the legal fra
ternity who had not before had an OPP
portunity to appear before the Court.
Commencing where we left oil IN our
last issue of the 18th instant. the follow
ing is list of the cases argued and sub
mitted to thecourJ during thepast week:
The argument in the case OF Jno. w.
Pitzer, adm'rand others VS.. John Burns
and others, was concluded on Monday,
the 18th instant, and the papers submit
ted to the Court.
A writ of error, to the Circuit Court
of Jefferson County, was allowed III the
case of John G.. Cockrell VS.. Joseph
Nichols.
In the case of James Campbell VS.. ID.
LYNN S Co., Il writ of supersedeas to 4
Judgment of the Municipal Court OF
Wheeling was allowed.
a motion was made by the counsel
for the appellecs to strike the case OF
VIM. J. Stephens and others VS.. Joseph
Brown and others from the dockott,and
upon Tuesday the motion was argued
by Brooke & Lucas for appellecs, and
Andrew Hunter and &. w. b. Allison
! for appellants The motion was sustain
cd and the case stricken from the docket.
Daniel b. Lucas, Esq, was admitted
to practice.
blackburn Hughes, Esq, and c. }.
Faulkner, Jr., both of Martinsburg were
admitted to practice.
The case of J. e X. Holiday EXITS.
VS.. j. NJ. Johnson, &c, was argued by
J. NJ. Mason for appellants, and by &.
j. Faulkner for appellees. The arsu-
mcnt was concluded and the case sub
mitted on Wednesday.
"A Rule was awarded against the
Judge for the Circuit Court of kanawha
county to show cause, If any he could,
why Writ of Prohibition could not
issue in the case of VIM. Kyle VS., the
Cilcuit Court of Kanawha county.
Chas Davies, Esq, of IIarpcrs Ferry,
and NJ. II. Ingles, Esq, of Martinsburg,
were admitted to practice.
On motion of appellants counsel, the
case of Louisa Shuman VS.. Joseph Shu-
man, an appeal from Marion county,w
docketed and argued by Leroy Abbott,
for appellee, and A. B. FlemminS Tor
appellant, and submitted.
The Court did not convene rs usual
on Thursday and Friday morning, as it
desired little time to prepare some OF
its decisions; but upon Friday evening
at 2 o'clock it met only for the purpose
of rendering its opinions. Each OF the
Judges. one after another, as they sat
upon tho Bench, delivered the opinions
Of the Court, which were about rs fol
lows:
The case of IIezekiah Roderick VS..
b. & O. II. II Co. was decided i'll favor
of the II. Il. The principle decided was
one involving the liabilities of common
carriers. The Court decided that where
the shipper of goods not only goes
along to take care of them, but actually
inferteres with the common carrier III
his attempts to secure them, the carrier
will not be responsible for any loss that
may ensue. The opinion was delivered
by Judge Paull.
The case of the Farmers Bank OF Va
VS.. Thos. ii. Willis ct. al, was decided
i'm favor of the Bank. In this case the
Farmers Bank of Va. having assigned
its effects to Trustees for payment of its
debts, the Court decided that debt
contracted to the Bank before the as
Segment, could not be paid i'll notes of
the Bank purchased by the debtor with
notice of the assignment; although be
fore the assignment the debtor had the
right to pay the debt in the notes of the
Bank at their par value. Judge lloff
man delivered the opinion of the Court.
The case of VIM. G. Butler, appel
ant, VS.. B. +. Harrison, appellee, was
decided in favor of the appellee; the
Court deciding that Surety who pays
the debt of his Principal in deprecated
currency, cannot recover from tho Prln-
cipal more than the value of the curren-
cy at the time of the payment. Judge
Moore delivered the opinion of the court.
The case of Edm. Pendleton, Trustee,
VS.. the Trustees Of the Presbyterian
Church at Martinsburg, was decided in
favor of the appellant, the Court decid-
ing that certain religious devises by
Maria Cooper were void; and that will
made in $3.50 in the State of Virginia,
by resident of the State, devising re-
atty situated in another State, to be sold,
must be construed according to the laws
of Virginia. Judge PAUL delivered the
opinion of the Court.
In the case Of the State of West Va.
VS.. Urias Buskirk, the Court refused to
award the Writ of Prohibition. Bus
kirk had been indicted for murder by
the Grand Jury of Cabcll county before
the adoption of the new Constitution, at
which time there were no examining
courts in this State. .Afisr the adoption
of the new Constitution, when cxamin
ing courts were rc-cstablishcd, the plea
of Not Guilty" was entered for Bus
kirk. and the case continued. He then
not;,ioned tbc Cont of Appeas for q