The times. [volume] (Richmond, Va.) 1890-1903, 1895-08-02
SUPREME COURT ,CASESe
4 NIVBER or IMPORTANT OPIN-
IONS H.INDED DOM.
southern Express Company v. the Com
monweaiih Anirmed-The Question
ola Railroads Liabilities.


| Commonwealth. for, &c. From the
Circuit Court OF Wythe county. opinion
| delivered bv Judge Rely. Afirmed.
The express company charged a greater
| rate for carrying "A package tnan IS al
lowed by section lZlo OF the Do1e OF VIZ
| ginia For an excessive ana hitsal
| charge section lE50 OF the Code prescilpes
"A forfeiture of not less than one hundred
/ dollars. ono-half TO be for the use OF tne
/ normer. and the other half ior thr usr
Of the State. The informer piogsnt sun
for the forfeiture. and recovered "A Juub
menf for $40. The statue prescribing .tf
forfeiture was assaled as nnconStllu-
uOnal on several grounds. ihe 'o"''
| held . g.,
section Z of article OF the Constitution
which dedicates all fines for ouences 'oiu-
mitted against the state 10 lne literary
fund: the constitutional provision refers
TO fines from conviction for crimes anu
docs not aDulv 10 statuary penalties ana
forfeitures FOR which civil acton i'S'
2 That the statute does not violate sec
tion II Of article Of the 'onslllulloi,% % III
fixing 500 the minimum forfeiture or une.
II cannot be said 20 be excessive WlIu'
the meaning of the Constitution, pip"pl'-
ing the imposition Of excessive hnea' t.u
3. Nor does II violate the said proSisi1n
OF the Constitution In failing 10 preseii'o
maximum limit 10 the fine. III.
THAT IL rs not rcpugnant 70 article
NJ the amendments of the constitution on
the United States. This amendment "&"s rs
reference solely to powers eNeNlstu nS
the Government OF the United states an"
does not apply TO the States
HANKS vs. IYoss wIFr.
Hanks as.ainst Lyons wife. From the
cfreuft Court of Pulaski county. opinion
bv Judge RELY. Reversed. ..s..,o,,
The plaintiff gave notice, unaer seSe,V s,d,.e
3Ml Of the Code, that ne WoIlu 80 re
the Circuit Court on the sixth day or US
next term for judgment against tle we
Pendants. The term of the court coiilisl, III,
ed on March 49, 1891, and the hylic0 s"o
served and returned 70 me i,.hioh was
of the court on March !. 1871 Wnlcu W. We,
more than fifteen days before the hoNun
was 10 be heard. and more thth tel GAYS
before before the motion was lo uS "t"I-, ",
and more than ten days before IN. tgini
commenced. The Circuit Court QHd3lth
the notice and struck the case from 'ue
docket. because the notice had not neeh
$ rived fifteen days before the commence
ment Of the term.
The court held that the notice was ma
turel i'm strict compliance with the pro-
vision OF the statute, and that the liain-
tin was entitled 20 move the court LOT
Judgment ON the day on when the no.
simon et ais. vs. John b. Ellison q
Son. Appeal from the Circuit Court ol
WASHINGTON county. opinion delivered 10y
Judge CariWcu. Reversed l.-,,.,,
Executors of william Cox VS.. Cfochel.
& CO. Appeal from the Circuit Court OF
Wvthe county. opinion by Judge Card
well. Affirmed.
STATUTE OF LIMITATION.
Sexton a co. VS.. Aultman 4 co. Ap-
peal from the Circuit Court or Wise couh-
ty. Opinion by Judge buchanan. Afiirm-
/. The statute Of limitation cannot be
specially replied 90 a special plea or set-
Off under our statute Of equitable set
or. but can be relied on under the gem
al If.. fnu % o.
2. Where a party plead seton other
than under our statute of equitable set-
of, the statute OF limitations, II relied on,
must bee specially replied.
3. If such set-Om Doe not pleaded, Dut
notice and am account thereof be Med, |
the statute of limitations cannot De- !
pleaded bat can be relied on al that |
trlal.
LIABILITY or RAILROADS.
Norfolk and Western Railroad Company |
VS.. II. 1. snott. Appeal from the Circuit /
Court or Pulaski county. opinion pA |
Judge Harrison. affirming the judgment
This is am action 90 recover damages /
for personal injuries sustained by II. J. |
Shott iu collision between TWO trans on
the Norfolk and Western railroad. near |
New River station, june Is. 1872. while |
travelling as mail agent and postal clerk. 1
which resulted Don verdict OF 1000 Tor |
Che plaintiff The court held.
]. a mail agent and postal clerk occu-
pies the relation OF passenger TO the rail-
road company. and is entitled to an tne
care incident 20 that relation.
- a motion for a continuance is adj
dressed 20 the sound discretion OF the
Court. under all the circumstances of the |
c. se. and though the appellate court VIII |
supervise the action of the lower court on
such q motion IL Will not reverse a iudg-
ment on that ground, unless plainly er-
rOueOus
3. When exception IS taken 10 the al.
missioner exclusive evidence TO the bin |
mn. D.. 40. fF. la .It I.
particular complained of clearly and
distinctly. otherwise the exception will |!
bee unavailing
T. The question % be considered. when
objection Is made upon the ground that
The verdict is excessive. is not. whether
Che Court would have given more or
less than tie jury. but whether the YER
diet indicates that the jury has acted
under the impulse of some Undue motive
or some gross error or miscOuceptiOu 90
the subject. unless 10 appears. the juds
mont or the jury must govern.
D. Objection that counsel used imprOp- /
er language iu his closing arg Ius1t
circulated 90 Improperly Influence The
Jury. comes too late when made COR the
first time after verdict if the .'ourt
can see under all the circ instances "a
proper verdict has been rendered.
orHrR OPINIONS.
\ Campbell trustees. ct. ais. vs. NJ
*. McBee. et. ais.
Appeal from the Circuit from Wythe
county. Opinion Boy Judge H1rriion. Re-
versed
Held. The husband has no interest
during his wfe's lifetime. I'm the separate
legal estate OF fhe wife. urlnr the acts OF
1876. ~. IS and judgement against him |
cannot attach 10 wnat does not exist when
the WIFE in her lifetime gives "a deed OF
trust, united ia by her husband, 10 So ure
a debt upon her separate legal estate
such lien Is prior IN dignity TO judg-
ments obtained against tile husband in
her lifetime.
National Building and Loan Associa-
tlon against AshW0rth. Petition for re-
htaring denied.
Winfree against Martin. Petition for
a witt Of error to The judgment OF the
Court OF The city Of Radford. !
Petition refused.
Chesapeake Classified Building Assocla-
ton against Coleman, trustee. Petition for
az appeal from Il decree of the Circuit
Court Of Norfolk county. Appeal and
SUP ersedeas awarded. Bond IN the pen
atty of si.nS.
state Bank against Blanchard. Petl.
tiCu for an appeal 20 decree of the
Circuit Court OF Chesterfield county
Appeal and supersedeas awarded. Bond
IN the penalty OF 500.
Walker against Burnett clerk Of An
grsta county. Petition for a writ OF
Laughlln refusing writ Of mandamus
Petition refused
Roanoke Trust, Loan, and Safe Denosit
Company against Morton Marye Auditor
&c. Prayer FOR injunction refused.
The above opinions were not read be- |
ng handed down. and after passing reso-
lItion OF resrect 10 the memory OF Pro- !
issgor Jotn b Minor. the court adioirn-
a ever until Friday morning.
Z