Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-10-08
COURT OF APPEALS.
SYLLABUS OF YESTERDAYS DECISIONS.

In the Court since Friday last, the cas-
of Cole Us. Shepherd, from Albemarle wa
dismissed on motion of appellants coun
sci, and Donally rs. Boyd's admir-, ant
Hess as. RAIDER was submitted.
The following are
YESTERDAYS DECISIONS.
lannon's Adm p rs. Wolfe, DC, from tn
Circuit Court of Rockingham. Ammol
in his life time was guardian of two wards
After his death lin 1861 his admir- fount
in his papers among a number of Confed
crate States Bonds, Bonds for Five Hun
bred Dollars each-issued to Ammon indi
uidatally but each endorsed in his hand Wi
ting "Wolfe' heirs" 1t was attempted tx
be proven by Ammon's admir-, that in The
spring of 1868, he had applied to and OBJ
tanned from the Circuit Court of Rocking
ham, an order for the investment of funds
of his wards in Confederate bonds, anC
that the Z $500 bonds were obtained in &C
cordauce with that order, but the records
of the Court having been burned, the Court
decided that the evidence was not sufficient
to sustain the position-tllat all order had
been obtained Under the act allowing
fiduciaries to invest in Confederate bonds
three conditions must concur: The money
must be in hand at the time of the applica
ton; it must have come into the hands OF
the fiduciary in this course of administla.
ton and from some cause, he is unable to
pay over to the parties entitled
An investment lacking either one OF
these three conditions, will not be allowed
Judgment Of the lower Court affirmed
Judge Moneme delivering the opinion Of
the Court.
1d,dy, smriring Trustee rs. W. ".
Boyd.-Boyd was endorser for his brother
Oh negotiable note for $1,000. The note
was not protested because as alleged Of the
presence of the enemy at Buchanan, where
the note was payable at the date of matu-
rity. The proof was-the note matured on
the 18th of the month-the Federals left
Buchanan on the 14th. Court held the ell
dorser cannot be held especially as, if the
enemy did prevent the protest
and notice Of protest at the date of matu-
rity, no notice was given the endorser of
nom payment in reasonable time after the
hindering cause was removed Judgment
of lower Court affirmed; but as to the en-
dorser, as the note was made before the war
and renewed from time to time until 1864.
the lower Court scaled the debt. In this
the lower Court erred, and SO much of its
Judgment, reversed. Judge Christian de-
livering the opinion Of the Court,
London liverpool d Globe Insurance Co.,
Us. H T. Jones, de-, from the Circuit Court
of Carroll. Court of Appeals held the ser
vice of process on one of the partners of a
firm, who was an agent of an Insurance
Company, is sufficient notice to the Com
pany Judgment Of Court below affirmed.
Judge Anderson delivering the opinion of
the Court
Massey rs. KING d Wife d as, from the
Circuit Court of Rockingham. Decree of
the lower Court amended and affirmed
Judge Moncure delivering the opinion of
the Court.
Messnler rs. the Commonwealth, from the
Corporation Court of Winchester. Lower
Court affirmed, upon the questions of plead
ing, but reversed ON the facts.
Messmer was Chief of Police of the city
of Winchester-A disturbance occurred at
Wolfe's Saloon. Wolfe stood at the door
and forbade the crowd to come mall obey
ed but Amos Jackson, who replied, ''I'll
knock you over if you fool with me-" or
words to that effect. Wolfe pushed him
back, but he again attempted to ENTER
Messmer, who was at some distance, hear
ing the disturbance, approached rapidly
and ordered Jackson off he refused to go
when the officer took hold of his coat he
broke away from him and struck at him
the officer then struck him several times
with a stick. Jackson finally got away and
ran down street, Messmer following and
firing a pistol, but without effect apparent
ly not intending to shoot his prisoner.
Upon a trial of Messmer for assault and
battery, he was found guilty by the jury
and fined one cent damages and confined in
jail for ten days. A motion for a new trial
was overruled by the Court. and from this
ruling an appeal was taken. Judgment of
the Court below overruling the motion for
a new trial. Reversed-Judge Christian
delivering the opinion Of a majority of the
Court. Judge Staples dissenting.
Stands rs. Grore, from the Circuit Court
Of Rockingham. Judgment of the lower
Court affirmed. Judge Anderson deliver
ing the opinion of the Court.
Many Is. Sellers d ais, from the Circuit
of Rockingham-M auzy sold to his brother
his interest in one tract of land by name,
and also all his interest in ''land'' inherited
in the tract mentioned and in a tract
of mountain land, Mauzy also owned
Jointly with his brother and sisters, one
fourth interest in d house and lot. The
creditors. asserted that he owned Mauzys
interest in the house and lot by his purchase
from him. Mauzy alleged that he never in
tended to sell his interest in the house and
lot. His brother swore that he did not in
tend to buy it and the scrivener who drew
the contract of sale, said he did not under
stand the parties intended to sell OF pur-
chase MauZy's interest in the house and lot
and that if the general term Fland," used
in the contract means the house and lot, he
used it by mistake. The mutual mistake
being clearly proven the house and lot did
not pass by the contract land a 60 urt OF
Equity will give relief from the mistake
judgement of the lower court reversed.
Judge Staples delivering the opinion Of the
Court.
Washington Cincinnati and ST. Louis
Railroad as. S,oitzer. From the circuit
court Of Rockingham. A commission APP
pointed by the County Court to assess Rail
road damages, are bound to hear all testi-