Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-01
"NOT' NOTlN 1T
AN IMPORTANT CONSTRUCTION OF
THE MARRIED woMANs ACT.
Three other Interesting Decisions
Rendered by the supreme Court OF
Appeals--Mechantcs' Lien.Law-He-
hearing Denied--Cascs Argued.

The following opinions were handed
down In the Supreme Court Of Appeals
yesterday:
Hutohnss administrator VS.. the Com
mercial Bank OF Danville. ct al. From
the Circuit Court OF Danville. Reversed
Opinion by Judge Harrison. This case In
volved a construction Of the Smith mar
ried woran's act OF isT7-'7s as 10
whether J. II. Hutchins. OF Danvilie'
was entitled to courtesy In the equitable
separate estate OF his wife. The Court
holds that he was not, and, In con-
STRUNG the statute, inserted the WORD
NOT where II had been Inadvertently
omitted in section 2 thereof, sixteenth
line from the top. The word Is inserted
between the words ARE and In
making the sentence In the line read'
80 far as they are NOT In conflict
Herewith. The effect OF the decision IL
that the act referred 10 does not I'M
pair or interfere with the old equitable
separate estates Of married women as
they exist prior thereto but declares
unimpaired by the provisions OF said sct.
The old Supreme Court affirmed the de-
clsion OF the lower court In the case,
but granted a rehearing. Judge Harri-
sons opinion, therefore. reverses the OLD
court also.
HAD NO RIGHTS.
Home Building and Conveyance Com
pany vs. the city OF Roanoke. ct ais. AZ
firmed. Opinion by Judge Cardweli. Inc
question involved was whether when a
city acting under its charter puts IN a
street OF the city an approach TO bridge;
which approach depreciates the value OF
aDutting property, the abuttng owners
have any right TO an injunction 70 prevent
the building Of the said approach. The
court holds that the AUDITING owner mas
no right to an injunction. and that such
action on the part Of the city Is not sucn
a taking OF private property as VIII en-
title the owner 10 damages.
A RICHMOND CASE.
Taylcr. ct al. vs.. Netherwood. On two
city OF Richmond. Affirmed. Opinion by
Judge Rely. In April, 1880. John f. Bell
CONTRACTED with Writ f. Taylor 70 erect
a dwelling house on Grace street between
Shafer and Harrison streets. Motherhood
sub-contracted with Bell to do the stone
work and furnish the materials for the
fixed sum OF $3.50. and that he would
not delay the work any time after the
The legal points decided were that the
affidavit and description OF the property
were sufficient; that where contract
IL made for doing the whole Work for
count is required by the statute. and
that II was only necessary for the. me-
chanic TO give the owner notice or the
amount and character Of his claim.
The questions OF fact decided were that
Netherwood had used due diligence in the
giving of orders for stone and the prose,
cution OF the work, and had not delayed
the work after the stone had been de-
livered to him. The DEGREES OF the Chan,
Gerry Court OF Richmond were affirmed
upon every point. This II an important
decision, as II presents for consideration
several points In the construction OF the
mechanics lien law which have not before
come up for decision.
A QUESTION OF NOTES.
John Pope. ct al. VS.. Transparent
Roanok Reversed. Opinion by Judge
Keith. In this case there was q con-
troversy growing out or the Distribution
of a fund In the payment OF two notes
secured upon a deed of trust. one note
was protested, and the other was not. and
the endorser on the latter was discharged;
Pope contended that the whole fund
should be applied 70 the payment OF me
was claimed that the whole fund should
be used to satisfy the note which bound
the endorser. The money had been
distributed between the two notes. Inc
court held that It should be applied 10
the note least secured.
OTHER BUSINESS.
The other business OF the court was
as follows: 49,,
Thomas. inspector. VS.. Rowe. Writ OF
error and supersedeas awarded 10 Judg-
ment of the Circuit Court of Gloucester
county. -.
Roanoke Brick and Iron Company VS.
Simmons. Further argued By G. B. Moor
man, Esq, for appellant. and I. w. Miller
In the case Of Morris Hopkins, under
sentence of death in Henrico jail. FOL