The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-28
AUDITING LOT OWNERS.
AN IMPORTANT DECISION By TIE
SUPREME COURT.
Other Opinions Handed Down In That
Tribunal Yesterday at Wythe-
vile.

Other Opinions Handed Down I'm That
Tribunal Yesterday at Wythe-
vile.
WYTHEvILLE. VA. June Especial
Maugus VS.. McCielland. Affirmed. Opin-
ion by Judge James Keith. IN this case
McClelland had sold Mangus a tract of
land, mad given deed, anu 70 secure the
unpaid purchase money mad received
deed OF trust An action at law was
brought 10 recover the unptid note for
purchase money. The dete ldant pleaded
fraud IN the procurement Of the con-
tract, the plainun dcmurred 10 the plea
upon the ground that where the plea re-
quires a RECESSION OF the contract and "A
rccOnNeyance Of the title or land IN
order TO 10 complete justice between the
parties, that act OF law Is rot the proper
tribunal The Circuit Court sustained
the demurrer and this court afilrms It's
judgment, thus rcafiimlng the case OF
Shinett vs. Orange Humane Society, Z
Graft, ~.
IHE TRASsFfR OF STOCK.
Ewing VS.. Lltchfeld and others. Re
yersed' opinion by Judge James Keith
IN this case Litchdeld and his CO.
plaintiffs brought suit against Thomas
Ewing 70 complete The specific perform
auce ot aA INCREASING 10 transfer 70
the PLAINTIFFS $1,000 worth or stock OF the
virginia and Tennessee Coal and Iron
company. TIE Court held reversing
the decree Of the Circuit CourD, that
q court Of equity does not take juris-
dlcti0n specifically 20 enforce the as
Segment or transfer Of shares Of stock,
except ln extraordinary cases. that case
az bar is really q sult Tor the recovery
or llluieatel damages, ana a court OF
equity viii In no case entertain a suit
Tor damages unless their recovery De in
ala Of the remedial power Of the court
IHf Il
JlrlslictiOn.
Norfolk and Western Railroad Com
PAM W Nicely. Reversed opinion ~
Judge Jcnn W. Reilly.
This was q suit by a passenger 20 re-
cover damages for being expelled from "A
car ny the conductor through mistake.
H. was held that be was entitled 20 rec
cover fun compensatory damages for tile
unlawful act, but as the act was not
the result OF amy intentional wrong ana
was not rudeiy or recklessly committed,
il was not case for punitive damages.
AZ IMPORTANT DECISION.
A. $. Asberry 90 al. rs. the city OF
Roanoke. Reversed; opinion by Judge r.
II. Cardwcl
Writ of error 20 a judgment of the
Circuit Court Of Roanoke city.
The case involved question Of the
first importance iu Virginia -Nlz " bee
tler or not a. provision lu the city cAdi-
ter empowering the city authorities 10
ting lot owner for an assessment LEVIED
upon his property Tor ths cost OF paving
the street in front Of fle properly 80
assessed cnf0rcihle by hill in chauccry,
suit or motion. is IN conflict with Article
10 OF the Constitution Of the State.
Hcld Such a provision in the charter
is unconstitutional and imperative.
Powell. Whitehurst q GO. US. j.. NJ.
Berry 70 ais. Reversed, opinion uy Judge
George NJ. Harrison.
This was suit in the Circuit
Court Of Bedford county brought by j. VI.
Berry and others 90 enforce spcclnc per
formance of contract for the sale NY
them 20 Powell. Whi.ehurst & Co. oil
certain lots in Bedford City.
TIE court holds that this application
for the aid Of a court OF equity addresses
Itself TO the SOUND Judlcial ulscletlon ol
the court and le who asks u must nave
shown himself prompt and Wiling to COM
ply With the obligation of the contract
on his part, and the prayer Will not ne
granted if II would be- ineql taDle to-
wards the party against whom the prayer
The transaction was in November 1870.
and was the sale Of thirteen lots az $500.
The purchaser had paid $3.50 IN caSl
and delivered his bonds 90 me Ntulol o.
and the suit was brought 10 enforce specl-
nc performance for the deferred pay
mcnts The Court holds that the vendor
was guilty Of the gr1ssest hesh- thcc
I'm making his yendee deed. espcciaIlf
I'm the sale Of real estate, ana the lots
were bought for immediate resale.
The Court also held that the Nendees
were not entitled 10 RECESSION or the
contract. that 30 sufficient grounds were
alleged I'm their bill or proven upon which
10 base a RECESSION Of the contract The
decree Of the Circuit Court was reversed
and both bills dismissed. and the parties
left to such remedies as they may nave
iu a court of law. r. not being or thal
class of cases where court or equity
having the parties before IL, can 80
and complete justice.
Fiehhurne a. ais. VS.. EnglcdoFe. hc-
versed. opinion by Judge Buchanan.
J. IN order that "a Judgment may ne
evidence against party 800 another SUI.
uuOn "A different cause of action, lt must
DR. rendered I'm . proceeding between lNr
same parties. or their prirlcs and me
uouit must bee involved in both cases.
and must have been determined upon
its merit.
. Where "a trsspass is committed with
out fraud malice. oppression, or oIntI
special accravation. the object or me Jaw
is 20 give compensation for inc lh iu.s
suffered. and damages arc resli-ei'i TO
2. Where there Is no allegation in q de-
ciarati0n Of such facts as would snow
that the alleged trespass was OompAnl.l
hv cifcum starcCs OF aegraFaton. nor iHe
general allegation of ala enorm'a. cir
tlmst4nces Of SgsraVauon citrot ue
proved.
4 Authority 10 an agent 90 ohihn ten
ants and receive rents does NOT author
lie him 10 sue out distress warrant.
C4ufn CASTS.