Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1884-03-29
End Of a Celebrated Case.-In the |

End Of a Celebrated Case.-In the
Court Of Appeals Tuesday Judge
Richie gave the opinion of the Court
in the case of Philip Goodman against
Marx WineIand and wife to set
aside bill of sale made by Wineland
to his wife as having been made with
out consideration and when Wineland
was in debt, as charged in the bill.
The Cumberland Meas succinctly re-
cites the history of the case as follows
The suit was originally brought in equity
by Goodman to reach certain property. The
testimony was very voluminous, 500 pages
having been taken. Issues were made and
the case went to the circuit court to be tired
on the facts. The case came up at the jan
airy term, 1888, and the jury gave n verdict in
Goodman's favor on all the issues The case
then went back to the equity court and the
court Judge Syester) in June last passed a
decree overruling the verdict Of the jury and
dismissing the bill of complaint. Goodman
appealed and the case was argued at til,
October term of the court Of appeals The
court reversed Judge Syester's decision and
decided the case in favor of Goodman. Good
mans counsel were Brace, Richmond and
Price, and Mrs. Wineland's Walsh, Seiss and
Reid. The amount involved was between
5000 and $4,000.
OF other points in the opinion the
Baltimore Sun reports:
The bill did not allege that the conveyance.
were made with intent to delay and defrauo
creditors, but the court held it was not me-
essary TO charge this in the bill. The opinion
was concurred in by Judges Miller, Alvey
Irving and Yetlott.
1t was decided that the motive or purpos,
with which a voluntary transfer of propert!
is made is not material. 1t is hindrancc Il,
creditors to dispose of real property ana tang
ible chattels and compel the creditors to re.y
on merely personal obligations As Wine
land was indebted to Goodman 1881 2o at the
time of the execution of the conveyanccs to
his wife, which We're voluntary, and had not,
at the time of their execution, other property
sufficient to pay his subsisting creditors, tho
bill of complaint should be sustained. On
the question as to the admissibility of test
mony accomplishment taken in another STATE
by commission, the court says While s,litols
are competent witnesses they do not lose Their
relation to the case as parties, and their ca.
acity rs witnesses must be exercised SUI
ject to such abridgment or modification II,
springs from their two-fold character. AS
general principle in contemplation of law, the
plaintiff is within the jurisdiction of the
court wherein he sues and actually present il.
person or by attorney in the conduct of the
cause, But to take the position that in no
case can the plaintiffs testimony be taken by
commission would be denial of justice
While nonresident plaintiff has not tie
absolute right to have his testimony taken
under foreign commission. he should be ac-
corded the privilege in the sound discretion Ct
the court, and if it is necessary because CT
permanent disability to attend the court in
person.
Wednesday the case of the county
commissioners Of Allegany Us. the
Union mining company was also
decided sin this case,' the Nems
says, "the Union mining company en-
joined the county commissioners and
}. J. Keller, collector, from collecting
s., 200 taxes, on the ground that they
were excessive and illegal. Judge
Syester decided the reasons sufficient
and granted the injunction. The com
missioners appealed. The court OF
appeals has reversed the order of the
lower court and decided, in effect, that
the Company did not make out case.
Brace and Richmond We're counsel for
appellant and Williams for appellee.
The cause was rcmanded."
Georges Greek Coai--WEEKLY STA
TIsTIcs OF SHIPMENTs.-The record of
shipments from the mines of the
Georges Creek coal region for the week
ending Saturday, March ODD, 1884,
closed as follows
Total tons for week. ............... 1902
year ................. 1924
Decrease under corresponding period
last year. ?,7O3
Total tons to s. & o. railroad for week SO, 1872
year. $751;
Increase over corresponding period
last year. 25.G43
Total tons to c. & O. canal for week. 1.437
- year. 2,127
Decrease under corresponding period
last year. ACKNOWLEDGEMENTS. 10,5a3