The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-15
SUPREME COURT DECISIONS.

Morganton Land & Improvement Co
(appellants) VS.. T. Nj, Webb ct al
form Burke County. Opinion by
Faircloth, c. j.
Where the defendant, under statu
tory authority, had begun to cut
canal across an island in the Catawbt
river, which belonged TO the plaintiff
in order to prevent the river from
backing water up creek emptylng II
it at that point and flooding the low
lands of the creek, and the plaintiff
sought to enioin the construction OF
said canal on the ground that the por
ton of the island which said cana
would cut off was intended as park
to be attached to hotel site, and that
it's chief value lay in it's picturesque
surroundings, which said canal would
irreparably damage, and thereby
greatly reduce the value of the prop
erty; Held, that as it did not appear
that hotel would be built or that the
portion of the island which would be
cut off would ever be an ornamental OF
necessary attachment thereto, and
there being no allegation of the insol-
vency of defendants, the injunction
was properly dissolved.
No error.
Avery, j., did not sit.
J. A. Pinchback & Co. (appellants) VS.
Bessemer Mining Co.; from CASTOR
county. Opinion by Furches, j.
Where the agent of the defendant
company made a contract with plain
tiff to clean ont certain streets for the
defendant, and afterwards wrote
plaintiff letter stating that he had no
authorityto anticipate the expenditure
of any money until he had it in hand,
and that he did not wish to encourage
the expenditure Of money on the part
of the plaintiff 'by quasi agreement
on the part of the company" by him
self, and suggested that plaintiff await
the action of the directors of the COM
pany, which letter was signed. II.
Special Agent; Held, to be sufficient
evidence of the authority of H. to
make the contract as to LET the ease
go to the jury.
New trial
State VS.. Robert Whit (appellant)
from Madison county Opinion by
Montgomery, J.
Where the prisoner was sentenced
to five years imprisonment and after
serving six days, was brought into
court at the same term and Judgment
was suspended on his agreement to
pay the costs; Held, that the court
had the power at subsequent term
to sentence the defendant to one years
imprisonment because of his failure to
pay said costs.
Affirmed.
In re Hugh D'Anna appeal OF Mary
NJ. Thompson) from Catawba conn
ty. Opinion by Montgomery, j.
I. The custody Of an infant is prop
erly given to the husband where ii APP
pears that the wife, herself of good
character and able TO provide for the
child, had married a second husband,
who gambled and drank to excess.
2. In such case, however, the mother
has the right TO apply again, for cause
shown, for the custody of the child, so
long as the child remains within the
jurisdiction of the State.
Modified and affirmed.
State VS.. J. RI. Smith (appellant) from
Cherokee county. Opinion by Avery,
J..
In prosecution for selling liquor
without license, State introduced only
one witness, VINO testified: II sent for
whiskey by defendant. | told him to
bring me some liquor. I forget how
much rooney I gave him. but he
brought me a quart of whisl<cy lie
would be gone two or three hours. j
never asked him where he got it. !
paid him nothing for bringing IL"
Defendant introduced no testimony.
Held, that it was not error to instruct
the jury that if they believed the evil
dence to return verdict of guilty.
Martha Nichols ct al VS.. Rufus G.. Glad
den ct al (appelIants) from Cleve-
land county. Opinion by Montgom-
cry, j.
In deed to A and ''to have and to
hold to their use during the term Of
their natural lives, and then to their
heirs after them" Held. that the rule
in Shelly's case applies.
Reversed.
State VS.. d. M Britain and Brentie
Williams (appellant) from Catawba
county.
In a prosecution for incest, it was in
evidence that the feme defendant, on
account of threats made by her hus-
band to desert her, confessed having
committed incest, and afterwards re-
peated the confession, under similar
threats, to third person in the pre-
sence of the husband; Held, that such
subsequent confession to third per-
son was Incompetent
New trial
Clark, j., dissenting.
II
Fishblate, from New Hanover coun-
ty. Opinion by Furches, j.
A mayor who in his official capacity
orders the imprisonment OF person
for contempt of court, is not civilly
liable therefor, though such order be
erroneous and made through malice.