Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-11-24
COURT OF APPEALS.

The Court of Appeals in Richmond
yesterday banded down decisions in
number of cases. OIe OF the most in.
teresling is that of Attorney George E
| Wise vs. the Commonwealth on a writ
of error. This is an appeal from de.
cision of Judge Wickham, of the Coun-
ty Court OF Henrico, in which the at.
torney was fined 500 for contempt in
not keeping an appointment to defend
case. The interest in this case is OF
especial interest to attorneys who are
lax about keeping their engagements
with the courts. Mr.. Wise was pre-.
vented from attending the County
Court by trial in the Police Court of
Richmond which unexpectedly detain
ed him. The court, 10 passing upon
the case, says, through Judge Keith:
I'VE are of opinion that the facts certi
fed do not warrant the judgment.
There is nothing 10 the facts stated to
give color to the suspicion that
in what lie did plaintiff in error
intended the slightest contempt
OF or disrespect to the lawful
authority OF the County Court. 1t is
true that the case was fixed for trial in
the County Court with his consent, and
it is true that he subsequently made an
engagement which compelled him to
make choice between duties both OF
which he could not at the same time
perform; but it appears that he, in good
faith, entered upon the trial of the Case
in the police court in the reasonable ex
pectalion that it would be completed in
time to enable him to keep his appoint
ment as counsel in the case pending in
the County Court Of HeDrco."
Another case, which was decided in
favor of the State, was that of Mas ad-
minstration vs. the Eastern State Hos
pital. The decision establishes thai
| the public corporations of the State
which are engaged in the exercise or
administration Of governmental iunc
lions are not liable for negligence
of officials or employees of such institu-
tons. Mai, an inmate of the the hospi
tai, was killed by the caving in OF a
track while engaged in making ex
csvations 10 the hospital. His admin
strator sued the hospital. The case
was decided once before by the Sup.
rene Court in Mas favor, but the at
toruey General filed a petition for a
reh, aricg, which yesterday eventuated
in that Court reversing itself, one OF
the rare ins ances of the kind in the
history of the court.
Opinions were also handed down in
the following cases:
Marshall's administrator Va. Valley
Railroad Company from the Circuit
Court Of Augusta county reversed.
Willis's executors We. the Common
wealth, Hastings Court, city OF
Richmond reversed. Patterson vs..
Crawford, Circuit Court of Augusta
county; reversed. Robert BuDdick vs..
Common wealth, Catherine Buudick
vs.. Commonwealth, County Court
of Northampton county reversed.
Chesapeake and Ohio Ra lroad Com
pany vs.. Spencer, administrator, Cir
cult Court of Nelson county; APP
peal and supersedeas. E!ter vs..
Yaught, Circuit Court of Wythe coun
ty; appeal refused. Reed vs. Common
wealth, County Court OF Madison coun
ty, writ of error and supersedeas.
Kent w. Kent, petition to rehear; petit
ton refused. Kelly vs.. Paramount
Land Company. petition to rehear; Pc
tition refused. Tunis Lumber Com
pany VS.. R. G. Dennit Lumber Com
pany; further argued by Edward R.
Baird, jr., for appellant and E. E.
Holland for appellee, and submitted.
The cases to be beard are Sanders
va. Coleman, Southern Bell Telephone
and Telegraph Company VS.. Clements,
and Atlantic and Danville Railroad
Company vs.. Delaware Construction
Company, Nos. Is. l6 and 20. Flor.
ence, trustee, vs.. MORN ct AL, No. 81,
ordered to be removed and put upon
the Commonwealth docket for the
January term. Sanders Va. Coleman;
argued by Joseph W. Chin for plaintiff
in error and continued until today.
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