Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1894-01-12
Conrt oil Anncals Ycstcrday.

The first decisions rendered in the
Supreme Court of Appeals since the
holidays were handed down yesterday.
The most important decision WAS
that in the case of the Norfolk and
Western Railroad Co. against Adams,
Clements & Co., large lumber firm
OF Roanoke, setting forth the right of
railways or car service associations to
have fixed charge for the use of their
cars every day they remain unloaded
after three days notice of their arrival
The case has attracted q great deal of
interest in railroad circles. The mat
ter came to the Supreme Court upon
writ of error obtained by the railroad
companies to judgment of the Cir
cult Court of Roanoke county, in fav-
or of Adams, Clements & Co. against
the railroad for the sum of S4SS, with
interest from September l 1891, until
paid. Between February 16 and Au
gust 81, 1891, Adams, Clements & Co.
received large number of shipments
OF lumber III car load lots, consigned to
them from points along the Norfolk
and Western. These shipments were
made with the understanding and
agreement that the lumber was to be
unloaded by the consignee at Salem
depot upon the arrival at that point.
The opinion goes on to say that the
railroads of Virginia and of other
States for their own protection as we'll
as for the protection and benefit of the
public have car service set of rules
designed and enforced TO secure the
prompt movement of freight cars and
under the rules of this car-service asso-
citation the Norfolk and Western have
charge of 81 per car per day for the
use of their cars. The opinion refers to
the serious inconvenience and delays to
both railroads and shippers before such
system was adopted, and number of
references setting forth the rights Of
the companies to establish such rules.
In this case the opinion adds that the
money paid by the plaintiffs for the
defendant company was properly
charged by said company, and that
Adams, Clements & Company had no
right to recover it. The conclusion is
that the Circuit Court of Roanoke
county erred in the law as applicable
to the facts of the case, and also in re-
fusing TO set aside the verdict of the
Jury, and therefore the decision Of the
Circuit Court is reversed.
The court affirmed the opinion rem
dered in the Chancery Court of Rich
mond July, 1892, in the case Of Davis
against r. f. Lee Camp, No. l, Con-
fedcrate Veterans, and adopted the
opinion of the lower court. 1t will be
remembered that the camp at meet
ing in August, 1887, decided to sell nine
acres of the tract across the boulevard from
the Home In March. 1889. the Board ofNis
itors arranged for a sale and the property was
disposed of Afterwards the purchasers de-
came dissatisfied and wanted to be relieved
from the bargains made and to this end took
the matter into the courts, claiming that the
| titles To the property were not good. The
| CLanrcrv Court decided that the deeds given
were legal and that the purchasers would have
to keep their contracts. An appeal was tax, II
and Judge Lewis yesterday rendered the de-
cison rs above stated.
In the case Of Heckert versus liilc's admin
istr.,tors the opinion of the lower court was
affirmed. 1t seems that Peter Hile, of Rock
inelam. married III 1887 and had two emil
drcn. II lS4l his wife left him and went to
! Missouri 10 live, In 1901 ne married the sec
ond time though ho had never gotten di-
yorcc from his first wife, who was still living.
Mrs. Margrct Hcckcrt, child of wife No |,
contested the claim Of the children of wife
No. . The lower court decided that though
the marriage was not legal. the children were
legitimate and legal heirs of their portion OF
lilies estate.
Shihlett against Commonwealth. From
Circuit Court oC Greene county. Affirmed.
Judge Lewis delivering opinion.
GaSkius against Fink. From Circuit Court
of Culpeper county. Affirmed. Judge Lacy
delivering opinion.
Danville and Western Railroad Company
agsinst Brown * kendrick, against Spot, x
Gibson Petition to rchesr denied
Domaine against Washington Southern
Railway Company Writ Of error awarded ia
IN It,pcnt otf the Circuit Court of Fairlax
county. - "'.''--
Myers ag- inst Commonwealth. Writ or e. !.
ror awarded 10 - Judgment OF the County
Court of Caroliuc county.
Moo-man against Arthur. and same against
the town OF Danyille. Further argued and
submitted.
TIME u,wcst shades and styles of TIES, a