Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1876-09-22
Court Of Appeals.

OOuIO VI Il JpeerlS'
| In the Court Of Appeals, since our last,
the following business has been donc-B.
s. O r, R. Co. Us. Whittington,s admir-;
supersedsas awarded; Crisman's adm'x rs.
M. 6. -supersedeas awarded;
Winchester & Strasburg R. E. Co as. Col
felt-submitted; Solenberger Us. Duval-
submitted VIM. e. Craig and Fl. st. G.
Tucker, qualified to practice in this court.
DECISIONS. YESTERDAY.
The following is a synopsis of the de-
cisions rendered by the court, yesterday:
injury Us. G. d 0. r. r., from the Cir
cult Court OF Rockbridge. -Decree of the
Court below reversed, Judge Moncure de-
livering the opinion Of the Court.
Maury, with two other gentlemen Of New
York, were the trustees in deed of trust
executed by the G. & o. r. r. Co., for the
purpose OF borrowing $4,000, 900, and for
their services each one of the trustees was
to receive $3,750.00.
Before the trust had been entirely ex-
ecuted the road executed another deed,
| emitting MauIy rs one Of the trustees, and
offered to pay him 81 600 per services rem
dered. Maury refused that sum, and
brought suit for the whole sum agreed to
be paid. The lower Court allowed him the
81 900, and from that decree Maury ap-
pealed. The Court Of Appeals held that
the Railroad Co., having discharged Maury
from the trusteeship without his consent,
and without any fault of his, was bound
| to pay him the whole sum agreed upon as
compensation.
Miller d ais Us. BIoio'S EC'rs d Gls, from
| the Circuit Court of Rockingham. Decree
of the lower Court affirmed, Judge Chris
| of the Court-Judge Anderson, dissenting.
Washington Us. SJaayhter's Trustees d al.
Reversed Judge Anderson delivering
the opinion of the Court.
| Reuinger & ais. Us. 1NilJer.-Decree of
the Court below reversed, Judge Staples
delivering the opinion Of the Court. In
this case Miller as Sheriff paid off several
execution in his hands against. the defen-
| dant with his own funds, but failed to
have them assigned to himself, returning
the executions as satisfied. The Court Ct
Appeals held that he could not be subro-
gated or substituted to the rights and liens
of the original execution creditors to the
detriment Of subsequent lien creditors.
Benjamin p. Neacne07a Us. Henrietta
Nearnaan.-From the Circuit Court Of
Shenandoah. Decree of the Court below
affirmed: Judge Moncure delivering the
opinion of the Court.
Thurman Us. Woods E.c'T d. als.-From
the Circuit Court of Nelson. Decree of
| the Court below affirmed; Judge Chris
tian delivering the opinion of the Court.
Donnally Us. Boyd's Adno'r.-From the
Circuit Conrt Of Rockbridge. Decree Of
the lower Court affirmed; Judge Anderson
| delivering the opinion Of the Court.
PGge Us. Crocket.-Appeal dismissed be-
| cause of the amount involved being under
| $500 at the time judgment in the Court be-
low was rendered; Judge Staples deliver
| ing the opinion of the Court.
| zs-<ss-zs>e-s-s-
HIGH-HANDED PROCEEDINGS OF Ne
GRoEs.-Last Saturday, during the absence
OF Capt. e. W. Bateman from his farm,
near Fishersville, some negroes put up a
Hayes and Wheeler pole on his premises
On his return home, Monday, Capt. B.,
| who is q Democrat, gave them notice that
| if it wasn't taken down in two hours he
would cut it down, and it not beng taken
down, he did cut it down. The negroes
thereupon threatened to cut down the
| Tilden and Hendricks pole, erected some
days ago, and which is the tallest in Au-
gusta. The whites of the neighborhood
armed themselves, and a party headed by
Capt. Bateman, Hugh Hamilton, B. F.
Clements and others, kept watch Monday
night to Tepel the threatened attempt. Some
negroes came up after dark. but seeing the
preparations made for them, left.
Co..
PERSONALS Senator r. E. Withers pass
ed through here on Saturday, on his return
from a political address in Page county.
Mr.. Dabney Fretwell, Of Fishersville
six miles distant, who is rs years of age.
walked to Staunton Tuesday. His reason
for walking was that the up train did not
pass soon enough, and he couldn't wait for
it.
Hon. Benz. Smith, Of Charleston, w
Va, was in Stanton last week, on his
way to look at the scenes Of his childhood
in Harrisonburg He was born there in
1897, and left at thirteen years of age. He
is distinguished lawyer of his adopted
State.
Hon. Raleigh T.. Daniel, the Attorney
General Of Virginia, Las been in Staunton
this week.
We regret to learn that MIR. Adam Lush.
baugh, the father Of our well known fellow
citizens, Messrs. Lushbaugh Bros, has
been quite i'll at Winchester.
The Richmond papers contain many
amusing Incidents caused by persons mis-
taking Barnum, the great Snowman, for d
distinguished judge of the court Of Appeals
now in Staunton, whom he closely resem.
bles.
We learn that Mr.. j. Webster Koiner
of this county, contemplates going to Cali
fornia in few weeks.
DEATH OF A VETERAN.-Mr. Edward
Johns, a soldier Of the war of 1872, resid-
ing near Churchville in this county, dice
Oh the 6th inst, in the SD year of his age
!, The AUGUSTA NATIONAL BANH
BUILDING on Augusta Street was sold by
Commissioner Ed. Echols to the Bank fo1