The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-20

0apResne Court Of Appeals.
4 NUMBER or IMPORTANT DECISIONS RENDER.
Kp YEsrgRDAY-THE COURT TO ADJOURN
TO-DAY.
The Supreme Court Of Appeals met yos-
tTday, with all the Judges present except
Judgc Burks, who was unable from sick
ness TO leave bis room. Some OF his opin-
jons were, however, rendered.
In the case OF the Beard Of Public
Works against CAN'T, from the Circuit
Court OF the city OF Richmond, Judge sta
pIcs delivered the opinion; coucurred In
ky Judges Lewis and Burks. Judge Chris
tian did not sit. Judge Anderson read a
dissenting opinion.
This was the contest for the 100000 paid
shc State for her interest In the Atlantic,
Mississippi and Ohio railroad. The Legis-
hturc passed acts appropria;ing 100000
al same 70 build COlored Normal School,
and $4,000 for public-school purposes.
CAN'T maintained that under the funding
hill all moneys derived from the sale OF the
States interest in works OF internal inn
provement should 20 into the sinking fund
Tor the extinguishment Of the principal OF
the debt.
The Court decided that the fund in ques-
sion WIS substantially in the hands Of the
Ttate, and that citizen could not maintain
slsis suit, which was Substantially suit
against the State In her own courts, with
cut her consent.
The case will go up to the Supreme
Court Of the United States.
Mr.. Royal, addressing the court, said
I7,e case Of Antoni Us. GreeEhow, decided
Last spring by this court, has been adj
vanced by order OF the Supreme Court OF
The United States and ordered to be argued
January 9th. 1t involves only what is
known as Coupon-Killer No. 1.-The act
providing for jury-trial to establish the
4snunencss OF coupons, which act went
into effect January II, 1882. Another act.
known as Coupon-Killer No. 2. went into
eject December 1, 1882, and also forbids
xlse reception OF coupons. The case Of
Antoni against Greenhow could not be
made to include Ccupon-killer No. for
the reason tina: that was not in force when
Autoni rs. Greenhow was decided. al
though 1t will settle principles which must
govern all. Mr.. Royal asked the court
Cor n,dnd0muS on the Treasurer OF the
city of Richmond to make him take cou-
Dons so as TO make up case on Coupon
Killer 10. 9, suggesting TO the court that he
expected and preferred 4 decision against
hin, In order that he might take an imnlc-
-siiate appeal, and place the new cause on
the docket OF the Supreme Court OF the
United States, and on the Slh OF January
move that Court to hear both causes to-
scther, and thus decide at one time all the
questions which can now be raised; that
atherwise The decision Of Antoni rs. Green
how would only partially end the contro-
yersy Gf he won his easel for the reason
shat 1t would leave Coupon-killer No. in
force.
The Court said, In view OF the fact that
st would adjourn to-day, all it could do
would be TO award rule. rcturnable at
the next term.
This makes it unlikely that Mr.. Royal
viii I've able to have both cases heard 10.
Ec;her.
Christadora IS. Booto3, Appeal refused
from decree OF tie Circuit Court OF Madi-
con county.
Baldwin Us. Baldwin. Appeal refused
from decree OF the Circuit Court OF Char
btte county.
Rockoyer Us. Life Association Of Ameri-
ca. Rchearing granted.
kean and ais. rs. Valentine. RehearinS
yefused.
Barbour rs. Duncanson's administrator.
Rchearing allowed and cause placed on
privilege docket.
Roper rs. Ballonlire and ais. Cause
placed on privilege docket.
Richmond and Danville Railroad Com
Esny u.s. Morris. From the Circuit Court
Of Halifax county. Affirmed, Judge Chris
ann delivering opinion.
Barksdalc, &C., rs. Fitzgerald. From
she Circuit Court Of Pittsylvania county.
Affirmed; Judge Burks's opinion.
Murphy's administrator rs. CroXton.
from Circuit Court Of Halifax county.
Affirmed Judge Burks's opinion.
johnson rs. Couch. Upon petition for
saanGomus pcremptory Dldnddmas award
ed. Judge Staples delivered opinion.
Kirkham and six other cases against
Eusscll, auditor Of the city of Petersburg
gpon petitions for writs OF m0nddinuS
Yrits Of nl0addmus denied. Opinion OF
she court by Judge Lewis, concurred in by
Judges Staples and Burks; Judge Ander-
son delivering dissenting opinion, in
which Judge Christian concurred.
Garland's administrator rs. GarlanGs
administrator and ats. Appeal allowed
and stpersede0S awarded to n decree pro
bounced by Circuit Court OF Lynchburg
on 9Th December, 1881.
PoindeXter Us. Greenhow, Treasurer.
Petition for mandamus. Rule nisi award
ed returnable first day OF next term.
Judge Christian was sick when the CAN'T
case was argued, and consequently did not
sii in 1t.