The times. [volume] (Richmond, Va.) 1890-1903, 1896-09-18
THE COURT OF APPEALS.
OPINIONS BANDED DOWN ~ rms
TEIBUNAL YEsrEEDAf
The Decision OF Wilson'S Administrator
vs.. Wilson Affirmed Didior ana othets
vs.. Patterson and Others Reversed.

sTAUNTON, VA. Sept. H-Special.-
The following opinions were handed down
in tho supreme Court OF Appeals to-day:
wilson's admir-. VS.. Wilson. Circuit
Court Of Augusta county. Affirmed.
Opinion by Judge George 81. Harrison.
J. Il is proper practice 20 Ole "a supple
mental BIN 10 Introduce new parties
whose interest has arisen since tho insti-
tuition az the suit. or 20 Introduce new
charges or 10 put in issue a no" material
fact such IS fraud.
Il Where the record shows that the
supplemental bill was nicd without
demurrer or without Jheins 9th
crsise objected 10, and issue
WAS joircd upon t. objection TO It's
being nied cannot be made for the nist
time in Tho appellate court.
3 objection to a decree FOR errors in
the report OF a commissioner. not appear
ing on the face OF DO. cannot avail In tho
appellate court unless founded ON eN-
ceptiOns taken TO the report ln the court
below
g. It is not popor in a creditors sur
10 settle sn estate. 10 unite as defendants
the debtors OF that estate. unless some IN
dcuoudeut sources of equity snail DE made
to- appear as the other introduced as Tor
example where there is am aNsaton OF
the transfer or alienation 20 them OF some
part ~ the debtors property IN fraud OF
the plaintiffs rights.
Rule Q. of this court was not IN
tended To enlarge and extend the lurisdic-
ton az the court. but only % enable the
court TO correct errors against appelees
ln such cases as they would have had a
right to appeal without regard 20 the RUE
NO FRAUDS INTENDED
Didicr et. ais. vs.. Patterson ct, ais.
Hastings Court 81 the city or ROANOKE.
Reversed. Opinion by Judge john W
Riey.
THIS was a suit TO set aside the assign,
rneut of a chose IN action on the hioui .i
nj alleged fraud. IL was brought 10y sub
contractors against geera contiaet or'
who vas engaged ia making public I'M
pr1vemonts under extensive conift'' 50
with the city OF Roanoke. The aasisn-
mont hy the contractor was OF the money
due and To become due under his contract
,,f.h the city. and WIS on It's face an an
e0fife conveyance. 10 was shown 10 have
l.oo intended as. AMI was only cliinoh
to Doe q MORTGAGE or security for existing
Indebtedness and 70 secure future loans
or advances 70 be made for tho express
ru.tuss OF enabling the CONTRACTOR ~
raise the. necessary funds 20 carry on 'no
work and meet his Liabilities as t"ey ~
o,,rrsd He had prior thereto regularly
maid His ernploves and the suo-conlracloF
o,.-v month. and az the time OF inc
...i.,rranf there was nothing due lne
,,f.irtffgs nor would anything DE due untli
mo REGULAR pay day Of the next mont"
~, Intentional fraud was proved or ci"'in-
oil hnt b. was c0ntcndod that the Trans
action constituted a. fraud IN law
rI.il. The transaction being free from
anv intentional fraud the assignment |"s
"a valid security FOR the purpose lo'
which 70 was executed. .
AS TO TRUSTEE.
Push's Executor. &c, vs.. j. c. Sleele
and Others. opinion hy Judge bucha''a'''
Circuit Court of Augusta county N'FoiS'
od.
/. A trustee who makes an invest est.
mont under tho direction and with me
approval OK the Court, Will Aot oe ne'I
resoonsible for its less. which occuli'
,ftlr his removal as trustee. and after
the fund had been turned over ~ '''
general receiver o. the court
. IN was the DUTY Of the general re-
cfNer' "'."i' ~, ,,,~,sd over IA
tho Ius' i"-t '..''. ~. cha irvestmoot.
MINI. To 49,. .r,,stoo v,ouid he
male 10y .t.'' s,,t,,t, NJ limitations.
come n.i''o so thfs and allowed
ana u ' .-..,,.,ts ~ become barred
enc o., 1',, -l..oreinlo for the loss
H wiz ,,..,..ion "a issued on a
D." ,.l....l g, tho hands
luas,'is"l "-l ,.. ~ ltl.'. ,r.r.r oq-o,~s
o.. ..' ..,..... NAV no issrol on tho
,.,,.. .,., ,.,-, from, the re
lN'-"."l ,.....,a, 80 i-ero1
luln 'as ,,.,,'.>.,.,.,. ,,isr,on,
49,. -, r-.,it r-ronr
'Hl'l'i '' ,., 800,
i'' .l''it QUIZ "-
~. H..iiN'i
ln Ne ''""
IA' 'i.''''i DID l'' 'o'l ''''"' 'N''N,
.,-,..t,, -i
Judgment was entered t'.',"