Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-10
SUPREME COURT OF APPEALS
Continued from Seventh Page.

on its note held by the Third National,
and the latter having collected through
counsel between $3.50 and $500 on an
other note held as collateral for the
traders note, this overDaid the bal
ance due the Third National on the
note of the Traders, and costs of suit
ana collection. The costs not having
oeen paid before the court adjourned,
an order was entered diSmiSsing the
suit and decreeing that the plaintiff
recover costs about it's motion in this
behalf expended" The two notes were
State of New York
Inc latter. in 1897, sued the maker
ana endorSerS of the notes. j. d. Tate
made defense; the Traders Bank, the
other endorser, did not. Judgment was
gwen against Tate. The case came up
~ 'ne supreme Court on a writ of
error. Exception was taken to the in
reduction. and further examination by
,hc plaintiff of ]. G. Hughes after he
hiu heen examined, cross examined
anu told to stand aside, and after he
nad held n whispered conversation or
consultation. with plaintiffs counsel.
ne opinion. prepared by Judge Card
Well says that such practice is not tn
pc encouraged, but that the subject of
me examination of witnesses lies chiefly
III the discretion of the court. and
uiIess IL is clearly improper to allow
Cl Il witness fhA
appeiate court will not for this rea-
son reverse the decree. 1t is not shown
.hat the plaintiff in error was injured
Wy the second examination OF Hovthe
me rt-holds that the contention
.hat the proceedings iand Judgment in
nv, nv, SUIT OF the Third National against
me plaintiff in error and Others In
1891. was Il bar to any other nroceod-
lngs, is incorrect.
Inc judgment of the Corporation
Court of Lynchburg is affirmed.
SUMMARY.
inc following is n summary of tho
cases decided to-day:
Judge James Keith-Fowlkes VS.
southern Railway COMPANY Law ~,
firmed. AL
Street VS.. Broaddus. Circuit Court Of
Essen county. Affirmed
Judge John w. Riely-Jones We
M HmJs eHH Nor. ct ais Circuit Court of
Iodd VS.. McFall Circuit Court of An
gusta county. ReYersed
'uuee X. II. Cardwell-Tate VS.. Bank
OF state of New York Corporation
OG I,d ely OF Lynchburg. Affirmed.
VS.. McComb. ct ais. Circuit Court Of
LOUISA county. Affirmed
Nottreli VS.. Watkins. Circuit Court Of
Henrico county. Reversed.
George NJ. Harrison-Mala's
dqhr: VS.. Directors of the Eastern STAT
Hospital. Circuit Court of civ of B;o,
mond. Reversed. 20 Nich-
Davis vs. Heppert. ais. Chancerv
court, City of Richmond. Reversed.
by divided court-Kimbal and Fink
ir eosi C vs.: Lawrence's admr. Hust,
ihgs Court, City of Radford. Afilrmed
Nirschbaum vs. Blair, &C. Law and
Equity Court, City of Richmond. Writ
vi error and supersedeas. Bond. 5000
truman VS.. Woodsan. CORPORATION
C e.na City of Danville. Appeal. Bond
Willis exor. VS.. Commonwealth. Writ
or error to the Hastings Court civ ot
RICHMOND. No bond 10y VI
Fisher VS.. Lee-Chancery Court CITY
OF richmond. Appeal and supersedeas.
Bond 5000. CAS-
Marsh vs.. Ptzer-Law and Eou,t,.
Court. City of Richmond. Appeal and
supersedeas '-''O
Poindexter VS.. May. Circuit Court of
Louisa county. Appeal and superse-
IDEAS. Bond 500.
Mineral Land Company VS.. James
Circuit Court of Wise county. Appeal
and supersedeas. Bond $50.
hudson VS.. Commonwealth. Countv
SCurt OF Wythe county. Writ of error
,Newberry VS.. souter. circul, Court
or Bland county. Appeal refused
Todd VS.. Commonwealth. Unstinrs
Court. City of Staunton. Writ of orror
refused. etio'
Scott VS.. Cameron. Petition to rehear
Petition refused
Goldsmith, &c, VS.. Iatz Petition 70
rehear. Petition refused.
Taylor VS.. Mutual Reserve Life AS
ISOLATION of New York. Further argued
by William L. Royal for appellant and
submitted.
Lee and wife VS.. Mutual Reserve Life
Association OF New York. Arsred hv
William l.. Royal for plaintiff in error
and Judge J.. l.. Lewis and Chas. S.
Stringfellow for the defendant. and
continued until tomorrow.