The times. [volume] (Richmond, Va.) 1890-1903, 1898-07-28
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magistrates court OF Franklin county.
under section 6i3. revised statutes OF the
United States. The Commonwealth NOV
Cd 10 remand 20 state Court for the rea-
son alleged that Section 63 provided for
the removal Of only such cases as had
been indicted I'm the State Court. Held.
That the State statute which gave juris-
diction In such cases as this, justices OF
the peace does not deprive the person
prosecuted Of his right under said sec
ton 10 have his case removed into the
United States Circuit Court. Otherwise
the Federal statute could be wholly de-
feated by state legislation
Bertha Zine and Mineral Company
against Vaughan. administrator OF
Michael Black. deceased. The court held
that a nonresident assignee OF claim
against an administrator living IN Viz
einia may maintain "a suit IN the United
states Circuit Court against such admin
istrator. where the bill charges him With
q dcy astavit although the assiCnOr and
the administrator both live in the state
Of virginia and the assignor could not
himself have maintained a. suit in said
court
William McGeorge ct al. against Big
stone Gap Improvement Company. on tle
petition Of Altemus 81 all. praying 10 DC
relieved from the payment of decree Tor
costs on the ground that they h@n NOT
authorized the use of their names as
pIainfiffs in the suit Held that their
names had been used without authority
and tho decree against them wac q nudity
as IN NfcGeoree held that ne. having M
situated the suit. Is responsible Tor the
costs nj.
! T. and y. Foster against the Bank
Of Abingdon ct al. on demurrer 10 'he
hin the court overruled the demurrer
holding that IL was not necessary III
bOl nv depoeifors charging the directors
of 81 hank with gross negligence ana waste
Of the assets of the bank that the Pial'
tifs should allege that the oahK "au
refused 10 sue the directors athoush oy
them requested so 10 90. 49,.
Man - campbell and Patrick Hasan
against Whitley trustee ct al Ihls If
a,, i,nportant Lee county land case IN
,oivine a tract Of three thousand acres
plaintiffs claimed that under contract
made bv John A Campbell, deceased.
with the Holmes hers. OF Baltimore. ne
was entitled 10 a specific fec Of one-hith
Of the whole three thousand acres the
defendants insisting that he was enutleo
10 one-hfth Of ony az acres. when was
the quantity claimed by Fulkerson ana
Others under a junior patent. He'd thal
tho title TO the whole three thousand
acre tract was involved IN the eleciHl'hl
suit Of the Holmes heirs against Fulker-
son. ct al. and plaintiffs are entitled 10
one-ffth Of the whole 5000 acres or the
proceeds thereof Hagan. under con-
tract with Campbell. was 10 have one
half the fee. Mrs Campbell was devisee
Of her husband. and is entitled 10 the
other half The land recently sold for
nearly forty thousand dollars.
In case Of Haskell. receiver Of the Bris-
toll Land Company against Doriott. ct
al. involving the question Of the right
OF a. State tay collector to sell for de-
linquent taxes lots on which the receiver
held vendors liens argument was had
before full bench. composed Of Judge
Paul and Circuit Court Judge Simonton.
Decision referred.
In the vey important case Of the Ameri-
can Loan and Trust Company against the
South Atlantic and Ohio Railroad Com
pauv a number Of questions arising out
Of the sale Of the property and other pro-
ceedings i'm the case. were discussed. and
are still before the court
The court is attended boy a large num-
Der Of the most distinguished lawyers
of Southwest Virginia.