Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-03-15
A LAND-BOOM CASE.
THIS AND FIVE OTHERS DECIDED
IN THE SUPREME counr.
Cannot re Roth Judge and Attorney.
Divorce Refused-A Victim Of
Hts own Mathematician Bus,-
ness Of This Tribunal.

Yesterday was opinion day in the SUI
rreme Court, and several very interest
Ing dcciaions were handed down. The
case In which the most interest centerci
was probably that OF Rober, ~ Wilson.
trustee. against Carpenter. from the Cir
cult Court OF Rockbridge. Some time du-
ring 1880 Carpenter purchased a lot ir the
town OF Glasgow for $500 The sale was
made by r. s. White & Co. real estate
agents. who represented that an English
syndicate had arranged with the Rock
bridge company. the promoters Of the
own. 10 put $500 600 into manufacturing
enterprises IN Glasgow, and that the lot
was. therefore. sure 20 enhance rapidly
IN value. Carpenter paid 500 In cash. and
gave two bonds for $50 each for the resi-
Tue The first OF these was paid. Shortly
after the second was due the Circuit
Court OF Rockbridge was pct!tioned to re-
scind the sale. appoint a special commits
sioper TO recover this lot 20 the trustee.
ard enjoin him from collecting the I'M
raid bond. The Injunction was granted.
and upon trial The Court ordered the re-
ec!nding of the sale. This was appealed
from. and the Supreme Court, Judge Har-
risoa delivering the opinion. sustained the
tribunal below. Judge Cardwell dis
scented.
A RICHMOND CASE.
The Circuit Court Of Richmond was re-
versed In the case OF Stuart and others
against the Commonwealth. Stuart was
one OF six sureties on the bond OF Trea-
surer Hunter. Of King George county. lie
constituted Judge c. II. Ashton as his at
torney in fact to sign the bond for him.
The Judge afterwards had 10 pass upon
the bond
Subsequently a commissioner Of the
court called attention TO the fact that me
clause providing for the payment Of any
shortage did not. as required by law;
stinulate that II should be paid in good
and 9awful manner. not In coupons. To
reciify this error a new bond was prepared
and on this there Were only four sure
ties, Judge Ashton again signing LOT
Stuart as attorney. In course Of timc};he
Treasurer was In default. and a judgment
was obtained In the Circuit Court or Hich-
mond against the suretles. From thlS
prepared by Judge Keith, II was held that
for judge 10 90 on bond ami then
approve IL was for a man 10 appear be
fore himself which cannot be done The
opinion was expressed that the signing
Of the second bond was unwdrrantcd. as
the power OF attorney was given 10 Judge
Ashton for specific purpose. ana was
not continuous. The court below was re-
versed, and the case remanded for new
hearing. the higher tribunal cOntending
that. II need he. II was better That me
State should lose the money than that
there should he a faint II Improperly as
10 the conduct Of any Of her judicial Of
CANNOT BE DIVORCED.
Judge Cardwcl handed do,. the opin-
lon in Copeland vs.. Copeland. IN
' his case Copeland married his wife
10 avoid a criminal prosecution. Tney
never lived together. -Four years aUsr
the marriage Copeland instituted suit IN
The Circuit Court Of Wythe for divorce.
Ills claim was that he had been made 10
marry under duress. the officers VINO al-
rested him having been relatives Of his
81 he did not. The evidence failed 70
prove this. and his bill was denied. The
lower court was sustained.
, In JOhnsons Administrator AGAINST me
Chesapeake and Ohio Railway company
Judge Rely delivered the opinion. sus-
tanning the Circuit Court Of Aibemarle.
Johnson was killed at a railroad cross
ing near HowaIdsville. The evidence
showed that the deceased walked into the
engine he having every opportunity 20
see and hear the approach Of the train.
There was some doubt as 10 whether or
rot the bell was Iung ana the whistle
sounded az the crossing. but. as the law
Of the State did not make TINS impera-
tive at That time the Court held IL
was Of no special Importance, as the de.
ceased could 10y an ordinary exercise oi
his faculties. have aveyted that fatality.
OTHER CASES.
casey vs. Valley Mutual Life AssO- |
citation. From Circuit Cour, Of Augusta. |
Affirmed. Judge Keith delivering opinion.
Robinson vs.. Commonwealth. From
Circuit Court OF Essex. Affirmed, Judge |
Harrison delivering opinion.
Ayict'. trustee. ". Walker. Certiorari
awarded.
CoiIin Vs. Building and Investment |
Association Of Virginia. Appeal and |
supersedeas awarded.
S,rinefellow rs. Wise and others. APP
peal and superstdeas awarded.
Watts IS. Hull Appeal and supersedeas |
awarded.
Board OF Supervisors Of Bedford Coun- |
Is vs. Bedford High School. Writ OF |
error AMI superseGeaS awarded.
Robinson and others ". Merchants |
Bank Of Bristol. Writ Of error and |
supersadeas refused
National Life Association VS.. Marye |
Auditor Peremptory writ Of mandamus |
awarded.
Clagget T. Jones. ESD allowed 10
practice as counsel IN this court.
Bowles VS.. Allen & Pollock Further |
argued by a. r. Hlakey and II. b. |
Lewis ESQ, for appellee. |
Young ". Ellis and Miller VS.. Miller |
next cases TO he called.
Bell vs.. Farmville and Powhatan rail- |
road. Petition to rehear filed.