The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-31
! THE SUPREME COURT. I
INTERESTING CASES DECIDED
YESTERDAY.

INTERESTING CASES DECIDED.
YESTERDAY.
In the Supreme Court OF Appeals yester.s
day. Judge Anderson delivered the opieion
in the four cases OF the Commonwealth
against the Chesapeake and Ohio RAILROAD
Company. The company clatmed exemp-
ton from taxation for It's whole line, from
its terminus in the city OF Richmond to the
Ohio river. This was based on the 7tb sec.
ton Of the act passed 28th. February, 1885,
entitled ]" An act TO incorporate the Cosing-
ton and Ohio railroad" and q like section In
the act Of West Virgins With similar title
and the same purpose, which was to COM
plete the communication by railroad from
'Coyington to the Ohio rivera work In
which the State of Virginia was en-
gagged on State account when the war
commenced. These acts offered q charter Of,
Incorporation to capitalists under the
name OF the Covington and Ohio Railroad
Company, to complete the unfinished work
upon terms prescribed and, upon It's com
pletion, to have all the rights, interests, and
privileges OF Whatsoever kind. to the road
and its appurtenances, then the property of
the State; and by the 7th section 1t
was provided that no taxation upon the
property of said company SHALL be i'm.
posed by the State until the profits Of
the company should amount to 10 per
cent. year on its capital. BY an act Of
the 1st of March, 1867, contract was antho-
rized to be made, and which subsequently
was made, between commissioners OF the
two States and the Virginia Central Railroad
In ho
peake and Ohio Railroad Company, under
which that company completed and equipped
the road from Covington to the OHIO. 1t
bad previously worked continuous line Of
railroad from Richmond to CoVington, COM
posed of its own work, extending from Rich.
mond TO the eastern base of the Blue Ridge,
and of the State work (the Blue Ridge rail.
road), extending thence to Coyington. Hav-
peake and OHIO Railroad Company owns and
the Ohio. The State Insisted that even If
this new part of the line constructed by the
company $50 much of it as lies within the
State) he exempt from taxation under the
said Z b section the exemption extends no
farther, and that the part extending from
Richmond to CoviDgou Is 30 liable. But
the Circuit Court of Richmond, by is judg-
meut, exempted the whole line, and from
this judgment an appeal was taken.
The Supreme Court yesterday decided that
the road from Richmond to Covipgton was
liable to taxation, but that ia this State from
Covingtou west-about sixteen miles-wss
exempt, and that the indebtedness of the com.
paey held in this State was taxable, and that
held by non-residents was not.
One or two hundred thousand dollars are
involved. IL Is not known whether the COM
pany will undertake to carry the case to the
Supreme Court of the United States or not.
SIGNING OF BLANK BONDS.
Penn, assignee, us. Hamlett and others.
| The question In this case was as to the iabili-
ty of several sureties to q bond. who had
signed blank piece Of paper and delivered
it to the principal, with authority for him
to fill it up uponcondition that he should
get other sureties to the bond. The princi.
| pal filed up the bond Under this verbal au'
thority, and delivered it 10 the obligee with.
out obtaining the other sureties, and two Of
those who did sign it upon the condition
aforesaid pleaded non est .factuns. The
court held that the bond as 10 the sureties
was void, and that the bond was only the
deed of the principal debtor. Judge Chris
tian delivered the opinion. ~,
| BouoHT.UP PAPER.
FinRey ps. Bennett and ais. From the
/ Circuit Court of Pittsylyania. Affirmed,
Judge Moncure delivering the opinion oi
the court. 8.
In this case 1t vas decided that parties
who bought up certificates OF deposit after 8
decree appointing receiver of the Bank OF
Pittsy lyauia, and set up the certificates ss
Offsets against note on which suit bad been
brought, we're only entitled to ratable a.
loHances with the other creditors.
| RICHMOND HoARsTKAD.cAsE.
HattorG, &C., Us. Wexford, judge, &c. Pc
titiou for writ OF mandan1as to require the
Judge of the Circuit Court of the city OF
Richmond to appoint commissioners to set
apart "homestead " to the widow and in
! faut chiidreu of f. Hattorf. Writ Of man
| danus awarded, Judge Staples delivering
en- opinion Of the court, and Judge honcure
| dissenting.
Mr. HstteH was we'll known citizen Of
| Richmond, who died in 1875. He left q
small personal estate, and bis widow applied
to Judge Wexford to appoint commissioners
to set sesrs homestead for her and her
children out Of the estate as against creditors
under the act oil 1870. Judge Wellford re-
fused TO appoint the commissioners, where
upon Mrs. Hattorf applied by her counsel,
| Msjor Don Halsey, to the Supreme Court fol
a rna,sdaHaus to compel him to appoint them
| which was Granted.
! Judge Noncure held that as Hattorf had
never exercised the privilege of claiming the
homestead in his lifetime it should not be
act 8 part to the widow and children.
| OTHER CASES DISPOSED OF.
Edwards's administrator Us. Lowell and
wife, From the Circuit Court of Pittsylva
mia. Affirmed, Judge Moncure de liverlne
the opinion of the court.
/ Alexandria and Washington Railroad
Company Us. Chew and ais. Fully argued
by s. F. Beach, Esq, for the appellants, and
submitted. :
! Crumptop, by, &C., Us. Hoffman, Lee g
Co., &c. Motion to require new ponds'
Continued uptil the 18Th Of April.
Bowman, &C., vs. Barksdale, DC. Motlon
to dismiss. Fully argued by Colonel T..
Barksdale, Jr., E. E. Bouldin, and james
Alfred Jones, Esqs., and submitted.
POLICE Court, YEsTrRDAY.-Isaac Dabbs,
colored member Of the Legislature, up on
an affair OF g2llantry, was discharged.
| The case of the parties charged with en-
psging in rock-battle on Chimborazo Hill
was again continued.
William Warren, small colored boy
1 liz hnpdlo rf loeh rpo