The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-06-21

L
IoNs.-The Circuit Court of Augusta coun-
ty, Judge VIM. Mclaughlin presiding, has
rendered some important decisions. and been
engaged in interesting proceedings during
the present term:
In the case of the county of Augusta VS.
A. II. II. Stuart and others for ground rent
due on Law Offices to the county, the yearly
payments of rent not having been made dur
ing and since the war, the question being
whether the yearly balances of rent SHOULD
bear interest. the court held that the county
should recover said rent with interest on cacl
years rent until paid.
In the cases of T. X. Menefee's admir-
A. W. Harman, and Mason, Gooch & IIoge
against Mcmahon & Green, decided in favor
of the plaintiffs. In the distribution of the
work on the Valley r. r. between the va
rious members of the syndicate, the sections
falling to Mcmahon Sc Green were
charged one with five per cent and the otlle
| with four per cent. in favor of the Other
members of the syndicate, by way of equali-
| zing the value of the work as divided between
them. A contract in writing was entered in
| to; the defence contended that the contract
| was entered into with view to the compile
| ton of the whole work, and that the worl
| being suspended in the midst of their opera
tions, Mcmahon & Green were not bound to
pay the per cent on their estimates for the
work done. The Court held that McMahor
& Green were bound under the contract te
pay the per cent. on that part o f the worl
done, and gave judgment for the plaintiffs
In the case of Joseph Smiths Ex'or
against the county of Augusta. This was a
suit brought by Smiths Ex'or VS. the county
upon bonds amounting to about $4,000, which
were issued by the county on the oath Of
June, 1861, under authority of an act of As
sembly, passed on the 10Th of Jah'ry, 1861,
ami an ordinance of the Virginia Convcn.
tions passed in June, 1861. The order OF
the County Court stated that the bonds were
issued for the purpose of raising money to
arm and equip soldiers in defence of the
State of Virginia, and to provide for the
families of soldiers who were absent in the
army. The Court held that the State was at
the time the bonds were issued in armed
hostility to the U. S. Government, that the
bonds were issued to aid in the war against
the U. S., that the plaintiff could not plead
want OF notice of the purpose for which the
money invested in said bonds was to be
used. because their face referred him to the
information on that subject. The Court was
of the opinion that the 18th Amendment to
the Constitution of the United States and
the Constitution of Virginia alike prohibited
a recovery upon bonds OF the character of
those in suit.
In the chancery cause involving the sale
of the American Hotel which was knocked
down IN May last to Julius C. Schcffer for
$4,000 00,an upset bid of 81 $50 was put in
and the property will be advertised and re-
sold.
In the chancery cause OF McCue vs.. Nc
Cue involving a sale of the handsome estate
Of J. MARSHALL McCue on Messy Creek, in
Augusta county, a confirmation of the sale
was postponed until the 3rd day OF July to
give;parties an opportunity to put in an up
set bid.
In the case OF the Va. B. g. L. Co. VS.. Mrs
VIM. II. Tams, there was judgment in favor
of the defendant for about $1,000.
In the case Of the same company vs.. 'Wm.
II. Tams' Ex't'rx, there Was a judgment in
favor of the Va. B. & II. Co. for about
$40, 900.
The will OF John Brownlee was admitted
to record, with John B. Brownlee, as Elk or.
James 3. Roden was admitted to citizen-
ship of the United States.
A large number OF important and compile
Gated cases have been decided at this term
OF the court.
The Court adjourned yesterday evening,
until the 3rd of July.