Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1894-03-23
Court OF Appeals Yesterday.


In the court of Appeals yesterday an
opinion was handed down by Judge
Lewis OH the application by Jed
Hotchkiss and others, in the original
jurisdiction Of the court, for mauda-
mus to compel Judge Grattan, of The
Hastings Court of Staunton, 10 issue a
writ for a special election upon the
question of granting liquor licenses in
the said city, pursuant to the provisions
of the local option law. The court de-
cides that the petition must be dismiss
ed for want of jurisdiction, under sec
ton 1904 of the code, but its dismissal
will be without perjudice 10 the petit
TONERS right hereafter to apply for the
writ at the session of the court at Stauu-
ton.
Judge Hinton delivered the opinion
of the court in the case of the Wythe
Vile Insurance and Banking Company
VS.. Kuehbroth & Sons from the Circuit
Court of Wythe, in which the court be-
low is affirmed. 1t appears that the
insurance company resisted payment
of policy to Kuehbroth * Sons By
reason of provision in the policy de-
claring that the company shall not be
liable by virtue ofthe policy or any re-
newal theleofuntil the premium there
be actually paid The court holds that
the delivering Of the policy by the COM
pany to Kuehbroth & Sons, or their
agent, without demanding payment Of
the premium at the time of such
delivering is prima facie that
credit was extended aud puts the
burden of proof that credit
was not so extended on the company.
1t also holds that when credit has
been extended, the policy remains in
full force while the credit is continued,
although loss may occur before the
premium is i'll fact paid, unless they
find that demand was made for same
or notice given by the defendant to the
plaintiff or his agent, before the loss
occurred, that the policy would be
cancelled in default of payment. This
is simply a reiteration of a recent de-
cision of.the court in similar case.
In the case of Coleman vs.. the Com
monwealth, from the County Court OF
Goochland, the judgment of the lower
court was reversed and venire taci9s
de moro awarded, Judge Fauntleroy de-
livering the opinion. The plaintiff in
this case was convicted of murder in
the first degree, but the case was con-
tinued from lime to time and the record
failed TO show that the prisoner was
present in person when such contipu-
ance was ordered. The court decides,
therefore, that the record is deficit, the
rule being that prisoner accused OF
felony must be arraigned in person and
plead in person and in all the subse-
quent proceedings it is required that
be shall appear in person.
Grinberg & Morris against Singer
man & Rothman, from the Corporation
Court of Roanoke. Affirmed; Judge
Lewis delivering opinion.
Chesapeak and Ohio Railroad Com
pany vs.. Hafner's administrator, from
the Circuit Court OF Williamsburg and
county of James City. Reversed;
Judge Lacy delivering opinion.
Smythe vs.. Smythe, from Circuit
Court of Tazewell county Affirmed:
Judge Fauntleroy delivering opinion
judges Lewis and Richardson dissent
ing.
Massey vs.. Yancey from Circuit Court
of Augusta county. Affirmed; Judge
Richardson delivering opinion: Judge
Lewis absent: Judge Fauntleroy dis
senting.
Saunders & Son vs.. Lipscomb, from
Circuit Court of King William county.
Affirmed: Judge Richardson delivering
opinion. :,
Hicks vs.. Richmond and Danville
Railroad Company, supersedeas award
ed to judgment of the Circuit Court
of Alexandria city on the 18th OF
March, 1898.
Barksdale VS.. Barksdale, superse- |
IDEAS awarded to a decree of the Circuit |
Court of Pittsylvania at November
term. 1898.
Henly vs.Oakley Land and Improve
ment Company, petition to require new
bond denied.
Norfolk and Western Railroad Co. vs..
Hartman, etc., supersedeas awarded to |
a judgment of Circuit Court of Smyih |
county of April 10, 1898.
Gaskins vs.. Finks ION rehearing), |
former opinion adhered to, Judge Lacy
absent.
Benton VS.. Russell, sheriff of Lou-
doun. Further argued and submitted.
Bassett vs.. Curtis, sheriff, submitted.
Norfolk and Western Railroad Com
pany VS.. Phelps. Argued and contiu-
ued.