Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-08-05
A DAY OF DECISIONS.
..,x,o,s IN TAX SUPREME COURT
OF APPEALs.
49,. Question of Inspection of the
p.cords 90 an Electoral Hoard
c..e Involving Mechanics
,ten--other Business.

:, 5ovr In the Supreme Court OF Appeals
to-day;
c,esves ana others VS.. Terry, secretary
-, ,no Electoral Board, etc. Opinion BY
Jnaee Cardwell Mandamus denied.
his Is an application for a mandamus
commanding Terry 10 allow petitioners
- examine the records OF the Electoral
poara OF wythe county, and 10 take
,,erorsnda thereof. The petition does
rot aver that Terry refused 10 allow an
tnspcctlon OF the record. nor does X
s,,te what memoranda or notes from the
records petitioners desired TO make, OF
the length OF time that would have been
required TO make the memoranda or
NOES but the complaint Is merely that
Terry refused TO allow copies or memo
randa 10 be made OF the records.
After a fun review Of The statute re-
lstire 10 the duties Of the Electoral
BOARD. row the records Of the boards
Dr.r,edlngs are to be kept. what acts
III he board are 10 be performed IN Sc
crecy. and showing what portions OF the
records are open TO inspection ana what
nor. ons cannot be disclosed without de-
feating the whole object Of the law re-
1.tf,e 10 the official ballot-viz.. 10. pro-
,lse FOR tho voter a legal ballot, verified
Am such manner as 70 preclude its being
coun rfeited and 70 Illustrate as tar as
-oe-ir!e the use OF unofficial ana llesal
houots. and showing that the statute
Goes not require the secretary on 'ne
1oarl 10 make copy OF the records or
proyIIe for his compensation for so do
ine as Is the case with other public re-
cords. nor impose upon him the duty OF
ofovging copies thereof TO be made,
v,I,b would necessarily have to be made
I'm his prescrcc-the opinion concludes as
follows:
Il. That so much Of the record Of the
proceedings of the Electoral Board OF
Wytho county contained In the book pro-
yided by law, and committed to the Gus
todv Of the respondent as secretary of
the board. as relates TO the appointment
and removal OF judges and commission
ers OF election and registrars, or the or
G.ring Of "a new registration, Is a public
record open 10 inspection by any citlzen
ana voter OF Wythe county. and that he
may take therefrOm memoranda or notes
az the proceedings Of the Electoral Board
as 20 which secrecy Is not en)oined by
law. which memoranda or notes may De
made al and within reasonable time IN
the presence OF the secretary; but until
A. l. shown that the right to inspect
these records or 10 make memoranda or
notes proper 10 be made as aforesaid
has Deen denied. mandamus should not
issue requiring respondent TO allow such
memoranda or notes 10 be made.
q That 20 much OF the record OF the
proceedings Of the Electora. Board OF
Nvthe. Is not public record that is open
tary as relates to the preparation ana
printing the official ballot as required by
law. certlncation Of the same, and their
distribution TO the judges Of election OF
the several precincts in the county OF
Wvthe. Is not public record that Is open
4, Inspection by any one other than the
officers OF the county TO whom the duties
O. pr garing. printlng certifying, ana as
the ballot is delegated by law,
and that the respondent cannot be COM
PEELED to allow petitioners TO make memo
randa Of these proceedings or to inspect
them.
g. That the petition Of the appli-
cants here. Gleaves and others does not
make a case upon which the mandamuS
prayed for should issue. and 1t must
therefore be denied.
MECHANICS LIEN CASE.
Fidelity Loan and Trust Company VS..
Dennis ct ais Opinion by Judge Rely.
4
noke. Reversed.
This was a controversy between the
owner of a prior incumbrance by deed ~of
trust on real estate and certain persons
holding o. mechanics lien for the erection
OF buildings thereon. and materials fur
nlshed for the same. as 10 the proper
distribution OF the proceeds OF sale OF the
property. and involved the construction OF
section 2lS3 Of he Code. The proceeds
OF sale being insufficient 10 pay In full
the two classes Of liens, the court below
decided that the proceeds Of sale should
10. ratably apportiOned between the prior
incumbrance and the holders OF the me-
chanics lien according 10 the estimated
value OF the land exclusive Of the build
Ings. and the estimated value OF the land,
incllsive o. the buildings. Held: That
Tho incumalance by deed Of trust having
been created on tn land before The work
upon the buildings was commenced, or
the materials therefor furnished, the
cvner thereof was entitled TO be paid In
Sali out OF the proceeds OF sale the esu-
mated value OF the land, exclusive OF the
at the time OF sale ana mat
MS lien 10 that extent was 10 be pre-
ferrea IN the distribution OF the assets
and that the holders OF the mechanic 8 |
liens were only entitled TO the proceeds OF
sale
Hudson VS.. Waugh. Opinion by Keith,
y From the Hastings Court Of the city or |
Roanoke. Reversed.
j. y. Waugh purchased four parcels or |
land in the city OF Roanoke from j. p. |
Hudson. for which he agreed TO pay 1890 |
in cash. executed his notes for 1850. |
PAYABLE In one and two years, and as
sumed the payment Of $3.50, due from
his vendor TO the old Dominion Building |
and Loan Association, secured by deeds |
OF trust, making the entire purchase
price $500. Soon thereafter he discount
cd his notes, thus paying the whole or !
the purchase money. except the lien held f.
by the building association. This loan |
was 20 be repaid IN monthly instruments !
OF 81 each. IL was expected 20 mature
IA about hfty-flve months; but, by the |
terms OF the deed, might continue Tor
period not exceeding eighty-four months.
At the time OF the sal0 the !
houses AID lots were renting for so
Ter month. the rents declined to Sd per
month TO SO per month. and. finally, to-
$f3 per month. About year after the pur-
chase o. the lots Waugh discovered that
the loan from the building association |
which u had been represented to him
would be satisfied BY the payment OF |
NT divided into about fifty-fye install !
ments OF 81 each, might be continued for |
as much as eighty-four months. thus IN
creaslng the amount he would have 10 |
pay 10 the association. After making |
this discovery he continued TO pay a !
number Of instruments down TO the time |
When this suit was instituted. IL appears |
also that with respect 10 the amount |
Of the loan due the building asSocia- |
ton, ne did not rely wholly upon the rep |
resolutions OF the vendor and his /
agents, but he sought and obtained In |
O pendent advice upon the subject. and |