Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-03-15
Court OF Appeals Yesterday.

Among the opinions handed down
yesterday by the Court Of Appeals was
an opinion by Judge Harrison in a
boom town case, that of Wilson, trus-
tee. VS. Carpenters administrator. Car
penter had bought lot from Thos. S.
White, real estate agent, for 81 500, $500
cash, balance in two bonds, payable in
six and twelve months. The first bond
was paid, but payment was refused
on the second on the ground
that the purchase was made
upon the representation of White that
an English syndicate had closed con-
tract by which they would invest 81
10000 at Glasgow. A bill was filed by
Carpenter in the Circuit Court of Rock
bridge against White, Fitzhugh Lee,
Wilson and other owners of the lots,
praying that the contract be rescinded.
m the meantime Carpenter died, but
the suit was pressed by his admins
traitor. The injunction was granted and
the defendants demurred, but in March
1898, a final decree was entered re-
scinding the contract upon the ground
that the purchase was made upon false
representation and directing that the
money paid by Carpenter be refunded
with interest, the unpaid bond cancel
led and the lot reconveyed to the
trustee. The Court of Appeals affirmed
the lower court in every particular.
In the case of Johnson's administra-
tor VS.. Chesapeake and Ohio Railway
Company, from the Circuit Court of
Albemarle, Judge Kelley read the opin-
ion and reiterated the principle that a
person who crosses a railroad must ex-
ercise the faculties and senses which
God has given him to warn him of ap-
preaching danger and that if he crosses
the track when train is approaching,
when his senses tell him or should tell
him that he is liable to be struck, he
cannot hold the company responsible
for his own negligence, even though the
engineer had failed to sound the usual
signal of approach. The lower court is
affirmed.
In the case of Stuart ct al vs.. Com
monwealth, from the Circuit Court Of
Richmond, Judge Keith delivered the
opinion. This case involved the valid
ity of the bond OF F. G. S. Hunter,
treasurer of King George. The point
of interest decided in this case wes
that Judge Ashton, of the County
Court, who had acted as attorney-in-
fact for one of the bondsmen, pla ed
himself in position which it was i'm
proper for him to occupy. No inten-
lional wrong is imputed to Judge Ash
ton, but the Court thinks that to act as
attorney-in-fact with respect to trans
action in his own court, was an attempt
to discharge functions absolutely an
tagonistic and wholly irreconcilable.
The court below is reversed.
Easley vs.. Valley Mutual Life Asso-
citation. From Circuit Court of Au-
gusta; affirmed. Judge Keith deliver
ing opinion.
Copeland VS.. Copeland. From Cir
cult Court of Wythe; affirmed. Judge
Cardwell delivering opinion.
Robinson vs. Commonwealth. From
Circuit Court of Essex; affirmed. Judge
Harrison delivering opinion.
Aylett, trustee, vs.. Walker. Certiorari
awarded.
Corbin VS.. Building and Investment
Association of Virginia. Appeal ard
supersedeas awarded.
Stringfellow vs.. Wise and others, Ap-
peal and supersedeas awarded.
Watts VS.. Hull. Appeal and super
sedeas awarded.
Board of Supervisors of Bed ford coun-
ty VS.. Bedford High School. Writ of
error and supersedeas awe rded.
Robinson and others VS.. Merchants
Bank of Bristol. Writ of error and su-
persedeas refused.
National Life Association vs.. Marye,
auditor. Peremptory writ of mandamus
awarded.
Clagget B. Jones, esq, allowed to
practice as counseli in this court.
Bowles VS.. Allan & Pollock. Further
argued by A. R. Blakey and h. B.
Lewis, esq, forappellee.
Young vs. Ellis. and Miller vs. Miller
next cases to be called.
Bell vs.. Farmville and Powhatan
Railroad. Petition to rehear. fled.