Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-02
SUPREME COURT OF APPEALS.
opinions Handed Down-The MEM
Org of Professor Minor.

Ory of Professor MihoH'
wYTHEVILLE, VA, August l.-(spe-
cial)-The following opinions were haho-
ed down in the Supreme Court Of APP
peals to-day:
Norfolk and Western Railroad Company
w. II. l. shott. Appeal from the CIR
cuff Court Of Pulaski county. Aihrhieu'
Opinion by Judge Harrison.
Yhfs was an action to recover ua,n-
ages for personal injuries sustained Dy
Shot. In a collision between TWO ,rains
ON the Norfolk and Western Raiiroao'
mead New River Station, June H. NV
while Shot was travelling as man
a cent and postai-clerk. 1t resulted IN d
ygdict Of 1900 for the plaintiff. HE'D;
That a flail-agent and postal-cierk occu-
pies the position of passenger TO the
railroad company, and Is entitled 10 All
the care incident to that relation.
Second. A motion for a continuance
a addressed to the sound discretion OF
the Court, under all the circumstances
of the case land. though the appellate
court Will supervise the action OF the
lower court on such motion, IL VIII ho'
reserve a Judgment on that ground, UNI
less plainly erroneous.
Third When exception is taken to the
H0nllS<lOn OF tAClu'iOu VI N'iNS'~~' 49,
bsll must be so framed as TO point out the
particular error complained OF, clearly
and distinctly; otherwise. the exception
viii be unavalling.
Fourth. The question to be considered,
when objection is made upon the ground
that the verdict Is excessive is not
whether the court would have given more
or less than the Jury, but whether the
verdict indicates that the jury has acted
under the impulse OF some undue motive,
mr. some gross error of nisconceptlon OF
The subject Unless this appears. the
Judgment Of The Jury must govern
Objection that counsel used improper
Language in his closing argument. calcu-
lated to improperly influence the jury.
comes too late, when made for the first
time after verdict. 4 the Court can see
under all the circumstances that a pro-
per verdict has been rendered.
WIFE'S SEPARATE ESTATE.
A. A. Campbell trustee, ct. ais, VS..
II. X. MeBee, ct. ais. Appeal from the
circuit Court of Wythe county. opinion
W Judge Harrison. Reversed. Held: The
husband has no interest during his wife's
lifetime in the separate legal estate OF
the wife under ;he acts d lsI6-'T-7S. ard
Judgment against him cannot attach TO
her lifetime gives a deed Of trust. united
IN by her husband to secure a debt upon
ser separate legal estate. such lien is
brior In dignity to judgments obtained
against the husband in her lifetime.
Shumate's executors VS.. Williams. ct.
Ills. From the Circuit Court OF Giles
county. opinion by Judge Keith. Re-
yersed.
Southern Express Company VS.. Walker
4 Co. Five cases. from the Circuit Court
>f wythe county. Opinion by Judge Rely.
Affirmed.
Haaks VS.. Lyon. From the Circuit Court
Of Pulaski county. Opinion by Judge
Reilly. Reversed.
Simon. ct. ais. VS.. Ellison, ct. ais. From
the Circuit Court of. Washington. Opin-
Cn by Judge Cardwell. Reversed.
Cox's executors VS.. Crockett. ct ais.
From the Circuit Court Of Wythe county.
Opinion by Judge Cardwell Affirmed.
Sexton g. Co VS.. Aultman & Co. From
the Circuit Court of Wythe county. Opin-
lon by Judge Buchanan. Affirmed.
OTHER PROCEEDINGS.
National Building and Loan Association
VS. Ashworth. Petition for rehearing
denied.
W1nfree VS.. Martin. Petition for a writ
Of error to the judgment of the Hastings
Court Of the city OF Radford. Petition re-
fused.
Chesapeake Building Association. 'et.
ais, VS.. c. V. Colsman. trustee. Petition
for an appeal from the Circuit Court
of Norfolk county. Appeal and super
sedeas awarded. Bond in penalty OF 100
State Bank. ct. ais. vs. Blanchard. Pc
tition for an appeal from a decree Of
the Circuit Court OF Chesterfield county
Appeal and supersedeas awarded. Bond in
the penalty Of $500
Walker VS. Burnett Clerk of Augusta
county. Petition for writ OF error 10 the
Judgment of Judge Mclaughlin, refusing
writ Of mandamus. Petition refused.
Roanoke Trust. Loan, and Safe-Deposit
Company VIZ. Morton Marye. Auditor. etc.
Prayer for Injunction refused
The above opinions were not read. At
ter passing resolutions Of respect to the
memory Of Professor John Il. Minor, the
court adjourned until Friday morning.