The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-04

was taken. On ths hearing The court be-
low decreed In favor OF rs admlnistra-
tor for $50 with interest.
Held: AppelCe's motion 20 dismiss
''because the only matters In controversy
and the only errors alleged. are as TO
costs and Interest on costs cannot he
sustained. While the decree OF March,
1885, upon which court below refused
interest. which is the principal error COM
| planned of on this appeal. was for costs
| yet not for costs In this case. II s. had
Brought ection to recover judgement on
| that decree and the court upon the trial
had ruled erroneously against either
| party. this court would have jurisdiction
TO correct the errors upon the appiica-
ton Of either party n the injury amount
ell TO $50 50 II he asserted the same de-
nand IN equity either az plaintn or py
! way Of set on as defendant against plain
| tins demand IL IN this case and the court
enormously allowed or refused 10 allow
| interest thereon OF committed other error
to the prejudice Of either party to the
abount OF $500 the injured party could
appeal TO this court.
2 When shipman pledged tho decree
as security FOR costs he put Il beyond MS
power 10 collect the proceeds to his own
use or hls asslgnces, but not to obtain
| Judgment thereon and 70 render II an In
| terest bearing debt. The effect OF fetch
| srs injunction was 10 enable HIN 10 retain
money which he owed shipman and
! thereby have the use Of II pending the
| litigation between them and to prevent
shpman from getting judgment upon his
| decree.
In all cases the SAFE and sound doc
| trine Is that II a party though restrained
! from paying, holds and uses the money
/ and use is presumed, he ought 70 pay
! interest Money IS worth its Interest
| and II the holders does not think so, ne
| always has the privilege OF paying into
| court. Templeman Va Fauntleroy' 3
Rand 43l a.. II he should pay interest
where restrained from paying debt by
! the act Of another q fortlori must he DO
SO where he himself has enioined pay
ment. Decree reversed 80 far as IL tail-
cd TO allow interest on Sli6liV' the
amount OF the decree OF March ISIS, from
the date OF tho Injunction until 1880
when the account was stated by tho
commissioner.
SUMMARY.
Judge James Rehabilitation ard wife
! VS.. Manson ct ais Circuit Court or
| Brunswick county-rcversed
Judge John W. Riely-Franklin vs.
! Peers, Clerk. Circuit Court Of Appomat-
| tox county-writ Of error dismissed.
judge John a. BuChanan-shIpman vs..
! Fletchers adm. Circuit Court OF Alex
! andria-reversc cd In part.
Judge Geo VI. IlarriEon-Aetna Life In
surance Company VS.. Rngsdale's admr
| Circuit Court OF Plttsylyania county--re-
versod
banner ct ais. VS.. Minneapolis Improve
| ment Company. Circuit Court OF Rus
sell county-appeal and supersedeas.
I Bond $50.
! Iron Belt Building & Loan Association
| q ais. W. Groves ct ais. Circuit Court
OF Pulaski county-appeal allowed. Bond
| 800.
Buck et ais VS.. Ward ct ais. Circuit
| Court OF Smythe county-appeal and
sunerscdeas. Bond $500.
Liberty Savings Bank VS.. otter View
| Land Company Circuit Court Of Bed
| ford-arrcal and superscleas. Bond 500.
Common wealth ct ais. vs.. Ryland ct
ais. Circuit Court Of King william coun-
| ty-Wrt Of error awarded Bond 500.
| Townsend ct ais. VS.. outten et ais.
| Petition to roiear-peutlon refused.
Jackson W. Observation-Disclosures argued
| By q. o. James. Esq, FOR appellant and
| submitted.
city Of Lynchburg VS.. Wailace-argued
! by y. c. Manson Jr.. for plaintiff In
| error and Randolph Harrison. Esq. for
| defendant and continued until to-day.