The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-14
The Supreme Court Of Appeals.

THE RICHMOND PAVING ORDINANCE DECLARED
VALID AND CoNsTITUTIONAL-o OTHER CASES
DECIDED-NEw RULE.
The Supreme Court of Appeals yesterday
decided that the ordinance Of the city re-
curing the abutting owners to pave the
sidewalks in front OF their property, and in
case OF corner lots, half the sidewalk on the
side also, Is constitutional and valid ordi-
nance, and binding on the citizcns-all the
Judges concurring in tue opinion.
Notice was duly served on ALI. Sands,
Esq, receiver in the suit OF Atkinson rs.
Atkinson, &C., pending in the Chancery
Court Of Richmond, requiring him to pave
the sidewalk in front and at the side OF a
lot in the city under his control as such re-
celyer. He failed or declined to execute
the paving, whereupon the City Engineer
directed the work to be done by the city
contractor and presented the bill to the re-
ceiyer. This bill the receiver declined TO
pay; wbercupon Mr.. Kelley, the City Al
torney, lntervened as 4 petitioner in the
chancery suit spoken Of and prayed an or
der on the receiver for payment. After ar
gument, Judge Barton, acting for Judge
Fitzhugh, who declined to sit because OF his
interest, decided in favor Of the city. From
this decision an appeal was taken, and there
upon this decision was rendered.
The ordinance was assailed on numerous
grounds, but was sustained by the Court
upon all and it determines the right OF the
Council to make these local assessments.
MessrS. Johnston, Williams IL Bouwarc,
and Sands. Leake Il Carter represented the
appellants; Mr.. Kelley the city.
The following opinions were also dcliv-
cred:
Pcrduc rs. Jcter. Supersedeas refused
by all the judges to a judgment OF the Cir
cult Court OF Halifax county.
Howerton rs. Howerton. Writ OF error
and superSedeGS awarded to a Judgment Of
the Circuit Court Of Halifax county.
Simmons Us. Jamaison. Placed on privi-
leeed docket.
Bcckwith and wife Is. Avery's admins
TRAITOR. From the Circuit Court OF Bruins
wick county. Reversed, Judge Moncure
delivering the opinion.
Sands, receiver, Us. City Of Richmond.
From the Chancery Court OF the city OF
Richmond. Affirmed, Judge Staples delIr-
ering the opinion.
Brockenbrough's cyccutriX Us. Brockcn-
broueh's administrators and ais. From the
Circuit Court OF the city Of Richmond. Al
trmed, Judge Burks delivering the opinion.
Stampcr's administrator Us. Garnctt and
ais. From the Circuit Court Of New Kent
county. Reversed, judge Anderson dcliv-
ering the opinion; Judges Burks and Sta-
pies dissenting.
This was suit for some seven or eight
thousand dollars which the appcllees aleGe
to be due by James Stamper, deceased, az
administrator of Anderson Crump, OF whom
the appelees are the Iegatees. They did moi
institute their suit until some fifteen years
after the death OF 1Lr. Stampcr (who died in
1861, and when, the records OF New kcat
having been destroyed, the record evidence:
OF settlement Of the estate were not to b(
found. The majority OF the Court held thai
if anything at all was due the appeIees they
were guilty of tacheS in not asserting thcil
rights sooner, and could not recover. Judge
Meredith appeared before the Supreme
Court for appellants; James Alfred Jones
Esq, for appellecs.
The Court announced that in future the
rule Of the Court requiring that "No appi
cation for rehearing will be entertained b,
the Court in any case unless the reasons
therefor, plainly written or printed. shal
be filed at the time the application is made,
will be rnidly enforced