The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-03-21
THE BENCH AND BAR.
SUPREME C0tRT DECISIONS.
A Case Where the Record Was Assaiied
Fine Arts in Richmond Court-Room.


Fine Arts in Richmond Conrt-Room.
In the Supreme Court yesterday was de-
cided the case Of Hin Us. Woodward. The
opinion OF the Court was delivered by
Judge Richardson. On appeal from the
Circuit Court Of King William county.
| This controversy, as developed In the
Court OF Appeals, rested upon the ques-
tion arising upon the petition OF the appel
liant TO set aside sale OF certain lands sold
in the suit because the appellant had not
been made a party TO the suit. Appellant
appeared by the record to have been made
party in the bill, in which process had
been prayed against ber; but the original
writ, which was fled with the papers, did
not contain her name. Appellant had been
bidder for the land sold, but II had been
purchased by another person. She filed
her petition, and asked that the sale be set
aside.
The Circuit Court held that she was
properly a party. The appellees insisted
that the appellant, in assailiDg the record,
had upon her the burden OF proof to show
that she was not party; that the record
and judgment being those OF court OF
competent jurisdiction every presumption
will be made in its favor, and that IN de-
termining this question the Court should
look ut the whole record; that ii is a gene
raj rule Of appellate proceedings that the
errors, whatever their nature, must affirma-
lively appear in the record; and this rule
necessarily arises from the maxim that the
proceedings OF q court OF competent juris-
diction are presumed to be right, and an
appellate court will presume the correct
ness OF the proceedings it is called to in
spect until error appears on their face
johnson Us. Mullen. II Ohio, page 10.
In Harman rs. The City Of Lynchburg,
33 Graft, 43, Judge Burks said: The
Judgment Of a court Of competent jurisdlc-
tion is always presumed to be right until
the contrary is shown, and party i'm an
appellate court alleging error in the court
below must show It in the regular way, or
else presumption in favor OF its correctness
must prevail. Citing the opinion OF Lord
Wensleydale, wherein it is said: II take it
to be perfectly clear that when court OF
error is considering former decision on
appeal that decision is not to be overturned
unless the court OF error is perfectly satis-
fed that the decision is wrong "-primd
fdcie it is to be considered right deci-
sion, and is not TO he deprived OF its
effect unless it is clearly proved TO
the satisfaction OF the Judge that the
opinion is wrong, and he must consider the
whole circumstances together, and il he
still feels satisfied upon the whole OF the
case that the decision Is wrong, he ought
undoubtedly to overturn it. II Is only to
be considered as primG fdcie right. The
OnuS lies upon the opposite party to show
that the decision is wrong, and il he salts
fes the conscience Of the Judge that it is
wrong, 1t ought to be reversed Mayor,
&c., OF Beverly rs. ATTORNEY General, 6,
II. l.. Cases, 80, 332, 333, and also Foot
Us. Stevens, II Wend., 4S3, and Hart Us.
SeiXas, q Wend., 40: Horner rs. Doe.
Indiana, 131; Wright Us. Marsh. , Iowa,
"a; Pierce rs. Griffin, 1G Iowa, 5j2; Moore
Us. Starks, Ohio, $50.
The decree Of the Circuit Court OF King
William dismissing the petition was ai-
frmed.
J. F. Hubbard for appellant, j. c. Lamb
and w. f. e. Gregory for the appellees.
OTHER DECISIONS.
Morris and wife against Garland's adj
ministrator and ais. From the Circuit
Court OF the city OF Lynchburg. Decree OF
Circuit Court OF Lynchburg reversed,
Judge Lacy delivering the opinion. Judge
Richardson dissenting.
Edmunds. administrator, against Scott
and ais. From the Circuit Court OF Char
lotte county. Decree affirmed, Judge
FauntlerOy delivering the opinion, Judge
Richardson dissenting.
County Court OF Gloucester against the
County Court OF Middlesex county. Re-
versed, Judge Hinton delivering the
opinion.
Hughes against Tabb and ais. Argued
by II. r. Pollard, Esq, for appellant.
THE FINE ARTS IN THE COURTROOM.
For several days the City Circuit Court
has been engaged in the trial OF the case OF
Van Zandt against the Adams Express
Company rs to liability for damages to Il
picture Of the Dead Christ.
The painting is claimed to have been 4
very valuable one. aud is about 3tXj feet.
and was shipped at the value OF $1,000 by
the plaintiff, who contends that it is one
Of the originals by the celebrated Dutch
artist Van DYKE.
1t seems that it was left to the plaintiff
by a relative in Grand Rapids, Mich. and
after standing against the wall in the hall
way for some time was ordered bv him to
be sent to Richmond. 1t was packed, as
alleged. in a wet box, sent by the Ameri-
can Express Company to New York. and
there taken charge Of by the Adams EX-
press and forwarded TO this city, and upon
its arrival the plaintiff was duly notified to
pay charges and take it away. Owing to
some difficulty about the rates, the box
was temporarily stored in the basement OF
the company's building. After awhile,
when taken TO the plaintiffs house and
the box opened, it was found to be cover
ed with mould. and presented very much
the appearance as exhibited in the court
room. Critics were summoned as experts,
but none Of them could tell whether it was
an original. copy, or what.
After able and elaborate arguments from
Mr.. +. ii. Mcclure on the side Of the plain
tiff, and Judge Fitzhugh and Captain Il.
b. Pegram for the defendant company, the
case was given to the jury day before yes
terday about p. NJ, and not being able to
agree upon verdict at half-pa't yester-
day, they were called into court and adj
journed until this morning at 10 O'Clock.