Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-04
THE SUPREME COURT.
my OPINIONS HANDED DOWN
FIFTEEN CASES YESTERDAY.
,uoOyS EUST Be CLOSED SUNDAY.


down by the supreme Court Of APP
..t.rday. some of them covering
e ass for,y-hve pages Of closely
...r-ten matter. There were some
....r.-ting opinions in the batch.
$40 OF Them were as 20 Richmond
c
, .ree 90 Morganstern VS.. the Com
nn is writ of error 20 q judg-
hc Husungs Court of the city
.monl ANA is decided by Judge
. rha Indictment for a violation OF
-ons of section 5SA of the Code
.. bat one count. which charges
Dt5 Norcaustcrn on July IS 1885,
...r his bar-room open on Sunday.
....l. upon the calling OF the case
.-.t moved the court TO quash the
.r.at. and also domurrcd to it on
ground of alleged dupHcity and uncer-
- The court denied the motion and
~ tie demurrer and this action
..tss the first assignment Of error.
-.. ..ruc.ty was alleged TO consist IN
- n the same count two separate
trct o0enccs-viz: Opening the
-... and selling Intoxicating liquors
OBJECTION NOT TENABLE.
~r.. objection. the opinion sets forth, is
.r.Ie The count follows the Ian
Of the statute, and charges that
rfr- OF The ballroom and the sale
l.u0rs were done at the same
and place. Where the Legislature.
Old. furpose Of supprossing q vice or
.-t.-.rc "a wrong. has by statute made
... Or wrong a criminal offence, ana
defining the offence has specified
... u acts. either of which separately
Id together may constitute an Of
.. and has prescribed. as here. the
penalty for the commission Of one
-.U .f the acts. 10 is well settled that
.. commission of any two or more OF
...- mas Doe alleged in the same count
r.. Indictment If conjunctvely charged
O. Che several acts specified in the
...t. .rc conjunctiVely charged i'm the
.. count of an indictment. the proof
.-g of them is sufficient TO authorize
a.r,..tou.
I'LL. mo.on Of the defendant to Guash
OIL. nI .tmeut. and also his demurrer 10
-. Indictment. having been ovcrruled
f. r.Nt rendered TO the court special
r. which was unnecessary, in order 10
. himself of the defence he thereby
.r..I i0 make, in which be recited the
Df the clly requiring bare
to h. closed on Sunday. aveTel
n- be- had been convicted under the
ordinance uy the Police Court of the CITY
.... same offence Tor which he was in
~ and claimed the right 20 bee dis
.-.I from prosecution under the in
The plea was intended 20 pre-
.-- Oh. defence that the city has police
rr.t..us ON the subject of the statute
t tlt meaning of its provisO, ana
-- Do. ordinance inhicts penalty equal
e. tr.t inflicted by the statute, SO that
-e not liable 90 prosecution for the
.fr.s The STATUTE creates TIE de-
r.r 90 the plea was, in the opinion or
,rreme Court properly sustained by
. The opinion then goes ON 20
.. tst the defence offered that the bar
.eI Off iI0m the restaurant 10y a
was insufficient. as the statute
Sd. t- bar must be closed, and If the
....r.ut happened 20 Doe IN the game
ru ta. natural Implication is that II
nus. also be closed. The judgment IS
oIt affirmed.
Taxes on the Theatre Property.
LIPS Executor VS.. the City Of Rich
mad was decided by Judge Keith. The
.manated from the Chancery Court
rs city, IL was a suit 10 the name OF
Ir.rs Executor vs.. Newcomer and
brought for the purpose OF selling
parcel Of real estate in this city, the
property Of elizabeth Powell, deceased.
s city filed "a petition. claiming lien
r-l the property, which was situated
% tts corner of Seventh and Broad
.--..e the lien being based on the claim
taxes due for the years Of 1876. ISL
N .Tl ls0. 1851. 1SS8. 1859. 1890, 1891.
I.- s commission reported that
f.-- u due the city Sj.S95s for arrears
. %
a1 Au exception was filed as 10 this
tr ct..r creditors OF Elizabeth Powell,
involved an inquiry into the effect
>l s.cI1n C35 az the Code. No opinion
O. OPPRESSED concerning this statute, and
-t --.ro- awarding the taxes to the city
armol.
Newport News MayOraity.
Judge Cardwell handed down the opinion
t.. case OF Moss vs.. Judge Barnam.
object of the application before the
rt was TO prohibit the respondent as
'ce oi the Corporation Court OF the
1862 ~ Newport News, and &. W. Rey-
and other contestants from further
Proceeding in and prosecuting the case
.rr ia THAT court, wherein the rignt
l. Che petitioner. q. s.. Moss, 10 the Office
MAYOR VI that city Is being con-
t.t.l The opinion sets forth the par
-nrs Of the recent mayOralty contest
Newport News which are familiar 10
patch readers. Moss received the GER
t..ate of election, but Reynolds and
..a other citizens acting for W. y
ft- defeated candidate. filed their
complaint before the respondent claiming
rre election and false returns. a
order was entered by the Cor
ZION Court declaring as TO ths
validity Of returns from certain wards.
.i tae rest OF the case was continued
..l tfc next term The contention Of
.- petitioner is that a pending trial can
r ttus Doe broken up ana that such an
a. issued by Judge Barham IN
.I.t operates as a discOntinuance Of
contest The writ Is denied by Judge
Caldwell ON the ground that such writ
fel for should only be granted % re-
strain Judge from exceeding his juris-
..lln ana not TO correct an error.
Suit over Alexandria Wharf Pro-
perry.
rle opinion of Judge Rely in the
u. Of McEcieh Administrator vs..
Dnb.r'aln afhrms the decree Of the
't Court Of Alexandria The suit
Involves the ownership TO a two-thIds
interest u certain wharf property In
@Haulna. Luther Chamberlain. who
n l28 wos the owner OF this in
t,t Under his win his son, James
-. chamberlain. was entitled 10 the pro-
icty in event that DE survived his
neer. 81. y. McVeigh. who subse-
laIy married Luther Chamberlain's
widow. became the owner of the other
olh.ri interest DO the wharf and In
.- te bought OF James l.. Chamberlain
cJnuneeut interest IN the wharf for
t. Ircc Of 500. giving his obligation
io tlat sum. payable al the death Of
as. McN eigh McNeigh died in
4I and DIS widow died IN 1890 and the
ND. uou Of McVeigh became fixed
..t Itv Tho executor OF McNeigl