Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-05-14
WANTS TO xAxDAMUs A JUDGE.
Harrison Wagner Makes u"'s"'
Rcouest in the 4. =. Court

HG00e2t
Judges Con- and simonton' s''''ns ;"
the United States Circuit Court OF Ap,
nea,s Yesterday. had an Interesting ana
ra.her unique case presented 10 them io'
con Iteration. they being askei In Pc
,ltion for mandamus to compei
limited states Judge with whom they arc
closely associated 20 do that wnie" '"'
had declined to do.
The petition was fled by ha.Ias."
Wagner. OF Ohio. through ms atlo'"s,,
| John w. Clark, OF WasninE'o"' -
,ha court e. asked 10 mandamus Judge
Morris. the United States District Juuse
| OF MARYLAND and force him to direct 'ne
| Clerk OF the United states Circuit Ioui'
OF MARYLAND 20 file certain magistrate
levies presented to him by Wagner
From the papers In the case. toeetne'
with the statements made by MI. C'a' u"
I'm his argument. II seems mat "asnr'
at one time lived in FREDERICK eouu's,
Md. and that during his residence tneie
he became involved in controversy oI
quarrel with his neighbors. as result
of which he brought suit In MACS
trate's court in sums ranging from siV'
down, against "A number or thehl, III"
obtained large number OF judgments.
He tried TO enforce these judgments Ny
levies and In the State courts, but I'm
ing. moved his residence TO ONO pc
coming thereby a nonresident, Wnlcn
gave him access to the Federal courts.
Then 1t was that ne went before Judge
Morris and asked permission 10 file the
levies which permission was refused
him.
Mr.. Clark argued the case for some
time, and finally Judge Gon Informed
him that the case would be taken under
advisement, and adjourned the court until
this morning, when the Cherokee Indian
land case will be heard.
The only other case In the Circuit Court
of Appeals yesterday was that OF Daniei
II. Chamberlain, receiver South Carolina
Railway Company. plaintiff in error. VS.
s. NJ. Pierson, defendant in error Error
to Circuit Court for the District of South
Carolina. Cause argued by ]. Il. Burk.
of Charleston, s. c.. for plaintiff In error.
and by William Perry Murphy, United
States District-Attorney for South Caro-
lima, for defendant In error. and cause
submitted
KELLEY INSTITUTE CASE.
Judge Simonton. Immediately after the
adjournment OF the Circuit Court of APP
peas. convened the Circuit Court. and
heard the case OF S. c. Glover. president
of the Kelley Institute in Ashland. VS.. the
National Fire Insurance Company, OF
Baltimore.
This case grew out Of the refusal of
this insurance company to pay the policy !
held By the Kelley Institute people on |
their property destroyed by fire at Ash |
land Va.
The company alleges that Or. s. q. |
Glover for the Kelley Institute. was In |
sured against fire as a dwe!ling-house.
and so obtained lower rate of premium |
than II he had been insured as keeping !
a hotel boarding house. or such public |
place. and being so used. the company |
Is not bound for its insurance as a dwell |
ing-house.
Ex-Governor Of Maryland William |
Pinkney White Of Baltimore. and Mr..
Wyndham r. Meredith. of Richmond. are
for the Baltimore insurance company.
while Mr. Charles " Meredith represents
the plaintiff. DR. S. G.. Glover. The
amount OF insurance in this case was
$500.
The evidence was all heard and the
counsel argued for instructions. the jury
being discharged until this morning at 10
o'clock.
THE -HYER CONTROVERSY.
In the case OF /. H. Hyer. appellant.
VS. the Richmond Traction Company.
Judge Simonton on Wednesday requested
counsel In the case to furnish the court
with briefs within thirty days directed
TO the question whether the plaintiff has
not a plain. adequate. and complete
remedy at Cav. with leave to add such
additional observations on the case
generally as they may be advised. This
is the case in which Hyer sues to recover
stock or its equivalent in the company
for an alleged agreement when the road
WE seeking q charter