Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-08-26
TUESDAY MORNING. AUGUST &c, 1873.
9sUPREME COURT OF APPEALs.

>ms January next.
The dispatch with which the Court dis
posed of the business before it, showed ia
'miliarity with the law which, from all VIC can
understand from the gentlemen of the bar,
made aihighly favorable impression upon those
EFF the legal fraternity who had not before had
an opportunity to appear before the Court
tCemmencing where we left off in our last
issue of the 10Th instant, the following is a
list of the cases argued and submitted to the
sCourt during the past week:
The argument in the case of Jno w. Pit
yer, admir-, and others u.s. John Burns and
Others, was concluded on Monday, the 18th
instant, and the papers submitted to the
Court.
A writ of error, the Circuit Court of
Jefferson County, was allowed in the case of
>9no. G. Cockrellus. Joseph Nichols.
In theroase of James Campbellus. D, Lynn
'& Co., a writ of supersedeas to ajudgment of
the Municipal Court of Wheeling was al
lowed.
"A motion was made by tie counsel for the
'appeliees to strike the case of VIM. j. Ste
'phens and others Us. Joseph Brown and 9TH
'ers from the docket, and upon Tuesday the
motion was argued by Brooke & Lucas for
appellees, and Andrew Hunter and G. w. B.
Allison for appellants. The motion was sus-
tanned and tile case stricken from the docket.
Daniel B. Lucas, Esq, was admitted to
practice.
Blackburn Hughes, ESQ., and c. j. Faux
T. g
to practice.
The case Of j. & r. Holiday Ex'rs. Us. j.
NJ. johnson; &C., was argued by j. NJ. Mason
for appellants, and by G. j. Faulkner for APP
pellees. The argument was concluded and
the case submitted on Wednesday.
"A Rule was awarded against the Judge of
the Circuit Court for Kanawha county to show
cause, if any he could, why Writ of Pro,
Inhibition should not issue in the case of VIM.
Kyle Us. the Circuit Court of :Kanawha.
Ohas. Davies, Esq, of Harper's Ferry, and
NJ. I. 1ngles, Esq, of Martinsburg, were adj
United to practice.
On motion of appellants counsel, the case
OF Louisa Shuman Us. Joseph Shuman, an ap-
peal from Marion county, was dockctei and
argued by Leroy Abbott for appellee, and a.
B. Flemming for appellant, and submitted.
The Court did no. convene as 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 thew
sat upon the Bench, delivered tho opinions of
the Court, which were about as follows:
The case Of Hezekiah Rodericl as. B. &
o. r. r. Co., was decided in favor of the r.
4. The principle decided was one involving
the liability Of common carriers. The Court
decided that whcre the shipper of goods not
only goes along to take care of them, but ac-
tually '"tc,1ercs with the common carrier in
his attempts to secure them, the carrier will
not be responsible for any loss that may cnsue.
The opinion was delivered by Judge PAUL.
The case of the Farmers Bank of Va. as.
Thos. II. Willis ct. al, was decided in favor
of the Bank. In this case the Farmers Bank
of Va. having assigned its effects to Trustees
for the payment of its debts, the Court de,
cided that debt contracted to tho Bank
before the assignment, could not be paid in
notes of the Bank purchased by the debtor
with notice of the assignment; although
before the assignment the debtor had the right
to pay the debt in the notes of the Bank at
their par value. Judge Hoffman delivered
the opinion of the Court.
The case of VIM. G. Butler, appellant, rs.
B. f. Harrison, appellee, was decided in favor
of the appellee the Court deciding that a
Surety who pays the debt of his Principal in
deprecated currency, can not recover from
the Principal more than the value of the cur>
rency at the time Of the payment. Judge
Moore delivered the opinion of the Court
The case of Edm. Pendleton, Trustee, as.
the Trustees of the Presbyterian Church at
Martinsburg, was decided in favor of the ap-
pellant; the Court deciding that certain rei.
sious devises by Maria Cooper were void and
that will made Gin 1850 in the State of
Virginia, by resident of the State, devising
realty situated in another State, to be sold.
must be construed according to the laws
of Virginia. Judge Paul delivered tie opinion
of the Court.
In the case of the State of West Va. as.
Urias Buskirk, the Court refused to award the
Writ of Prohibition. Buskirk had been in-
dicted for murder by the Grand Jury of
Cabell county before the adoption of the new
Constitution, at which time there were no cx>
aiming courts in this State. At1cr the adop
ton of the new Constitution, when cxamin-
ing courts were re-established, the plea of
"Not Guilty" was entered for Buski,k, and
the case continued. He then pettioned the