The times. [volume] (Richmond, Va.) 1890-1903, 1894-03-23
THE COURT OF APPEALS.
OPINIONS DBLIyERED IN THAT
DTGNIgJED tribunal.
4 Case Involving the Granting OF Liquor
Licepses-A Condemned Murderer
Gets y sbow-The other Cases.

Gsts y sbow-Ths other Cases.
number Of opinions were delivered
IN the Court OF Appeals yesterday. few
Of them, however. being Of public inter
est.
In the case OF Hotchkiss and others
against Judge Grafton. Of the Hastings
Court Of the city OF staunton. which
was an application by Judge Hotchkss
and others In the original jurisdiction Of
the court for a mandamus to compel
Judge Grafton 10 issue a writ for a
specsal election upon the question OF
granting liquor licenses I'm the city OF
stanton. the petition was dismissed for
want OF Jurisdiction, judge Lewis de-
uveriug the opinion. when the petition
was offered at the bar" reads the Opin-
ion. "A doubt was expressed from the
bench as 20 the jurisdiction Of the court
10 take coenizance OF the case at that
place Of session. and this doubt has been
confirmed by subsequent examination
Of the statute" The court held that
whatever may have been the reason for
the enactment. the language IS impera-
tried" at the place prescribed. Judge
Lewis was Of the opinion that the re-
quirement Of the statute could not be
waived as respects the place at which
the proceeding IS % be Instituted. THE
dismissal OF the petition concludes the
opinion. will be without prejudice 10
The petitioners right TO hereafter apply
for the writ az stanton, If they shall
Doe 50 advised
Murder Case.
In the case OF Coleman against the
Commonwealth. in the opinion which was
prepared by Judge Fauntleroy. the judg-
ment of the County Court Of GoOchland
vas reversed and the cause remanded for
"a new trial. This matter came up on a
writ o. error. by which James Coleman
was adjudged guilty Of murder and SEN
fenced 90 be hanged September l8 1898.
The record disclosed that the plaintiff i'm
error was indicted February 20. 1885, for
'he murder OF Robertson Winston and on
the same day was arraigned and pleaded
For reasons appearing 70 the court the
case was continued until March Goth.
The records then show that on this day
r.n was again postponed for reasons
appearing 10 the court The Supreme
Court holds that the record is fatally
e.senually necessary 70 be stated-"that
tfe prisoner was present in person." etc.
when FOR reasons appearing 10 the court
tte trial OF the case was ordered to
be continued" In this case II did not
even appear that the prisoner was pres
eng ny attorney. The court could not
IMPLY that the prisoner. was personally
present In court and on the ground the
case was remanded
The Lower Court All Right
The court in very explicit terms affirm
Cd the action Of the Circuit Court Of
Nythe county, In the case Of the Wythe-
vile Insurance and Banking Companv
against Kuehbroath & Sons. This was an
action OF assumpsit on a policy of in
surance for $1,000. issued the plaintiffs
on certain furniture in the city Of Balti-
more Dy the defendant company The
company on trial relied to exempt itself
from Inability on the provisions of a
paragraph IN the policy prescribing that
the company "shall not be liable bv
virtue Of this policy or any renewal
thereof until the premium therefor be
actually paid" The instructions of the
lower court 20 the jury, however stipu-
ilri mat the delivery Of the policy to
ihf DEFENDANTS, or their agent without
demanding payment Of the premium at
the time of the delivery of the policy.
"as piima facie that a credit was e.:-
tended by The company. and a waiver
W the condition referred TO. The opin-
Jon states that the instructions are well
Imported, settling forth the language
recently used by Judge Lewis i'm a SINH
Jar case-'It in such a case Il waiver
were not implied the delivery Of the
policy would be not only an unmeaning.
bli fraudulent and deceptive cere-
mony The court finds no error in the
Judgment Of the Circuit Court
Other Gases.
lrInberg d Morris against Singerman
d. tothman. from the Corporation Court
Of Roanoke Affirmed; Judge Lewis de-
lverng opinion.
Chesapeake and Ohio Railroad Com
pany against Hafner's administrator. from
The Circuit Court Of Williamsburg and
county Of James City. Reversed: Judge
Lacy delivering opinion.
omythe against smythe. from Circuit
Court of Tazewel county. Affirmed
Judee Fauntleroy delivering opinion
Judges Lewis and Richardson dissenting
Massey against Yancey, from Circuit
Court a. Augusta county. Affirmed;
Judge Richardson delivering opinion
Judge Lewis absent; Judge Faunueroy
dissenting
Saunders q Son against Lipscomb, from
Circuit Court Of King William county.
Affirmed: Judge Richardson delivering
opinion
Hicks against Richmond and Danville
Railroad Company. supersedeas awarded
90 ID Judgment Of the Circuit Court of
Alexandria city on the 18th Of March.
l8
blrhSdale against Barksdale. supcrse-
IDEAS awarded TO a decree Of the Circuit
Court OF Pittsylvania at November term,
1893.
Henly against Oakley Land and I'm
lrovement Company. petition TO require
lew bond denied
Norfolk and Western Railroad Company
gainst Hartman. etc, suporsedeas award
70 20 q judgment OF Circuit Court OF
,myth county of April 10. 1888
Gaskins against Finks ION rehearing),
former opinion adhered TO; Judge Lacy
absent
Benton against Russell. sheriff. Further
argued by r. b. Garrett. Esq. for plaintiff
10 error and submitted.
Hassett against Curtis. sheriff; sub
nued
Norfolk and Western Railroad Company
against Phelps Argued by Captain c.
NJ Backford for plaintiff In error, and
F T. Christian and John l.. Lee, Esqs.,
Zoo defendant In error.
John n. George. Esq. allowed to prac-