Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-12-05
RIGHT JUDGE RECOGNIZED.
The Court OF Appeals Sustains the Action Of
the General Assembly-Dther Cases.

The Court or Appeals Sustains the Action or
the General Assembly-Other Cases.
The Supreme Court yesterday rendered q
decision in the case OF Foster rs. Jones,
Judge Hinton delivering the opinion OF the
court.
II was an application on the part Of the
Hon. John ID. Foster for a writ OF
peremptory mdndGmus to compel the re-
storaiiOn TO the petitioner OF the Office Of
county Judge Of the county OF King and
Queer, which he claims is now usurped
and withheld from him by the Hon. J. III.
G.. Jones.
The petition sets out that in January,
1880, The Hon. John ID. Foster was elected
aud commissioned rs Judge OF the counties
of King and Queen and King william,
which then formed what was known as
District Al. and proceeded TO discharge,
and was dlscharging, the duties OF said Of
fee on the 7th day Of February, 1884,
when J. III. {. Jones, claiming that he had
in January, 1884, been elected judge OF the
county OF King and Queen by the General
Assembly of Virginia, took possession OF
the said office. and refused TO render the
same back TO the petitioner. IL then goes
on 10 allege that the election by the Gene
raj Assembly OF the said Jones 10 the Of
fee Of county judge OF King and Queen
was unconstitutional; that his commission
Is illegal and void, and that he Is not entitled
TO said office.
The opinion Of the court Is that the Leg
isllture had the power TO redistrict In this
case: that Judge Foster accepted his COM
mission subject to the right Of the LegIsla-
ture to divide bis district whenever, with
in the limits OF their constitutional powers,
.lox taIt ,F that ba L.
not Judge OF the county OF King and
Queen, and is not entitled to salary or
compensation as Judge OF that county.
In the case OF Foster against the super
yisors OF King and Queen county. which
was an application for salary, the court
also delivered an opinion against Judge
Foster.
Wayand and wife against Cranks, eXecu-
tor. From the Circuit Court OF the county
OF Albemarle Affirmed. Judge Lewis de-
liverlng the opinion. Judge Fauntleroy dis
senrlDg.
Whites administrative against Freeman.
From the Chancery Court OF the city Of
Richmond. Reversed, Judge Lacy deliy-
ering the opinion.
Lc-Grand's administrator against Fitch
and ais. From the Circuit Court OF Ap-
pomattoX county. Reversed, Judge Faun-
tleroy delivering the opinion, Judge Hin
ton cOncurring in the result OF the opinion,
but not in all the views expressed.
Rixey's administrator against Morehead.
From the Circuit Court OF the county OF
Cupeper. Judge Richardson delivering
opinion.
Morrison's executor against Household
er's administrator. From Circui tCourt OF
Loudoun county. Affirmed, Judge Lewis
delivering opinion.
French against Waterman. From Cir
cult Court OF Culpeper. Reversed, Judge
Lacy delivering opinion.
White against Commonwealth. From
Hastings Court OF city Of Richmond. Re-
yersed, Judge Richardson delivering
opinion.
HIPS administrator against Hill and ais.
From the CIRCUIT Court OF the county OF
CuIpeper. Reversed, Judge Hinton de-
liyering opinion.
Jones against Rixey. From the Circuit
Court Of Cnlpeper. Affirmed, Judge Rich
ardson delivering opinion.
Frayser against Frsyser and ais. Order
removing cause from Staunton to this
place, and putting same on privilege
docket.
Tunstall. trustee, against Christian, trus-
tee. Further argued by +. w. Christian,
ESQ.,, for sppellces, and Il. q. II. kean,
Esq, for appellant, and submitted.
Lynchburg Iron Company against Tayloe
and ais. Argued by Major John W. Daniel
for appellant and continued till to-day.