The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-02-18

nent Of the same, and charges Of fraud and
| Misrepresentation made. It possesses little
more than local interest, though the result
here announced Is no doubt Of Importance
to the suffers.
| FOREIGN INSURANCE COMPANIES.
Continental Insurance Company, Of New
York US. Kasey. From the Circuit Court OF
Roanoke. Affirmed, Judge Christian deliver.
ing the opinion Of the court. This case was
argued ut the last session Of the court at
Wytheyille. In suit on policy Kasey got
judgment in the Circuit Court for Roanoke
county against the Continental Life In.
surauce Company, OF New York, for nearly
| $1,000. The company appealed, and the
Supreme Court Of Appeals reversed the de-
cision Of the Circuit Court and granted q
new trial. Thereafter, the company repre-
senting that it was chartered in the State OF
New York and had its principal office there,
and that it feared, through prejudice or local
influence, it could not get justice in the
Circuit Court of Roanoke, prayed that it
be allowed, under the act of Congress, to re-
move the cause to the United States Circuit
| Court. The Circuit Court of Roanoke de-
MED the petition, and the company then in.
voked the Supreme Court to compel the Cir.
| cult Court Of Roanoke to grant its petition.
Judge Christian, delivering the opinion OF
the Supreme Court sustained the Circuit
Court of Roanoke, and declared that the act
Of Congress was intended to give suitors
who are citizens of different States an cleo.
| ton between two courts-not two different
chances. He asserted that this was the line
| OF decisions in State courts, and had been
| until recently also in the Usted States Su-
Dreme Court. He referred to the grasping
disposition of the United States courts and
| their inclination to assume jurisdiction
wherever possible.
Further, Judge Christian held that every
foreign insurance company coming to Vir-
ginia and putting itself under the insurance
deposit law becomes doniciled here, and
that such companies must be treated like
home companies, aud in conflicts with our
citizens must sue and be sued in the State
courts.
THE oYSTER-LAw.
McCready rS. Commonwealth. No. l. From
the Circuit Court Of Gloucester county. Re.
versed, Judge Anderson delivering the opin-
ion OF the court.
McCready Us. Commonwealth. No. From
the Circuit Court Of Gloucester. Affirmed,
Judge Anderson delivering the opinion of
the court
The first of these cases was an indictment
under an act of the Assembly, which act the
Supreme Court decided bad been superseded.
Therefore the indictment could not be sus-
| tanned.
| In the second case the consttutionality of
| the oysterlaw as it relates to non.residents
was attacked under that section of the Fede-
ral Constitution which guarantees that the
| citizens of each State shall have all the privi-
leges and immunities Of citizens of the seVe.
raj States. The decision Of the Supreme
| Court fully sustains the constitntionality OF
| the eyster-law, and maintains the right OF
the State to property in the beds Of her navi-
gable waters, and the right Of confiniug the
taking of oysters in them to her own citi-
zens.
Judge Ould, coursel for McCready, indi-
Gated his purpose to appeal to the Supreme
Court of the United States, and the decree of
| this court will be 80 drawn as to facilitate
| that purpose.
| LAW As TO ENDoRsERs.
Duerson's administrator us. Alsop and ais.
From the Circuit Court of Spotsylvania. Re-
| yersed, Judge Staples delivering the opinion
| of the court. The main question here was
| whether the rights and obligations of the
| parties to Negotiable paper are governed By
| the laws in force when the bill or note is
| executed, or by the laws In force when it
| natures. The court held that the laws In
! force at the time the endorsement is naae
must control the rights and obligations of
the parties, and not the laws in operation
when the bill or note becomes payable. The
court was, however, Of opinion that the
appellee Alsop, claiming to be the holder OF
the note in controversy, had so long delayed
| the assertion of his demand, and there were
so many circumstances Of suspicion attach.
| ing to his conduct, that it devolVed upon
him to show that he was bona tSde holder
for the value of the note in controversy.
| ACTION AGAINST PARTIES TO A NOTE.
Muse and ais. Us. The Farmers Bank and
| ais. From the Circuit Of PittsyIyania.
Affirmed, Judge Staples delivering the
opinion of the court. The main question in
this case was whether In joint action against
| the makers and endorsers Of negotiable
note the plaintiff, having discontinued his
action as to one Of the defendants, could re-
cover judgments against the others. The
court held that the common law requiring q
judgment for or against all the defendants or
against none of them had been changed in
| Virginia By statutes, and that now, ia Vir-
ginia, where part Of the defendants were
discharged by matters which appertained to
them personally, it did not affect the liability
of the other defendants, notwithstanding the
discharge Of a part Of them.
PRIoRlTIEs OF LIENS.
| Mann oS Haskins, &c. From the Chan:
cery Court of Richmond. Affirmed, Judge
Christian delivering the opinion ofthe court,
This decision settled the priorities OF certain
liens. ..---.. ....-
| OTHER BUSINESS.
| Washington Us. Slaughter, trustee, &c.
| Motioa to dismiss on account of insufticency
of the record overruled. Motion 10 require
q new bond sustained, and the appellant is
ordered to execute new bond with new
security in the penalty Of $3.50, or to assign
the policy of insurance on the house for that
amount to q trustee to indemnify the appel
lees in case the appeal is dismissed or the
| decree of the court below is affirmed !; and
the cause is set down as privileged cause,
Board Of Supervisors of Bedford Us.
Wipgfed, judge, &c. Rule awarded to
show cause why writ Of prohibition should
not be awarded returnable to the 18th March,
| 1876. This case is about door cut in the
| Bedford courthouse, and which the Judge
| and supervisors are disputing about.
White es. Tomp&ins is the first thing to-
day.
UNITED STATES DISTRICT CoUKr, THTRs.
DAY Judge Hughes presiding.-ln the nast-
Ean hn