The times. [volume] (Richmond, Va.) 1890-1903, 1899-02-08
CASE INVOLVING
OVER A MILLION.
u, S, Circuit Court Renders lmpor-
tant Decision.
THERE WERE 1900 PAPERS.
A Big Insurance Case Dccidcd-othcr
Opinions Handed Down by the
Court Yesterday The George NJ
West Bankrupt Case Argued
THERE WERE 1900 PAPERS,

important and unique case, iuf"tfi"3 ma
cation over more than "a million dollars
II was the case OF Harrison wagner
plaintiff Ga error. VS. County Comins-
m.ssionors OF Frederick county. Mary
land. defendants On error n error 10
the Circuit Court Of tho United states
for the District of Maryland TINS is
probably tne on.y case 90 tne same h4na
on recold ln TINS part ol The country anu
fha 90 sion Involves an important legal
question as wei as large amount ol
money. The planu0 in error instituted
action against the County COMMISSION
ers of Ferederick county Maryland IN
June 1876. $500.
Ira h petition he declared ON 1000
judgments stil uusaushed. alleged 10
have been rendered BOO his favor by John
HAYES. Justice of thc Peace TOT ffeoe-
rick county. The defendants pleaded
that The alleged cause Of acton did not
accrue within three years. that mere
was no record of the judgments sued
upon remaining among The records OF
Hayes. and that there was no indeote1-
ness 10 the plaintI. IL was also held
By the defendants that Hayes had no
jurisdiction as Justice of the Peace
10 render such Judgments. and that me
alleged judgments were forger.es pro-
cured by fraud. There were eleven thou
sand sets OF printed paper purporiing 10
be under the hand OF Hayes. and copies
Of the original judgments rendered by
the Justice each for $50 debt. and Hl-oD
costs. amounting 20 SirA80. Attached
&c the papers were certificates purpoflhe
20 be from the Secretary Of state or
Maryland. under his official seal. one OF
them certifying go the eenuineness OF the
signature of HAYES % some paper, the
identity of which was in doubt.
The plaintiff offered no other evidence,
and the defendants. declining 20 oner
any testimony. asked the court 10 rule
that the certificates OF the Secretary or
State were not sufficient 20 prove the
genuineness Of the signature of Hayes
as a Justice OF the Peace TO the tran
scripts. a writ Of error was sued out,
ana the sole question before the higher
courf g. as 10 tine correctness Of the
lower courts ruling. Judge G0n held
that the certificates Of the Secretary or
State OF Maryland had no authority 70
certify 10 such certificates. and the latter
do not show that the signature or the
justice 10 the paper is genuine. As there
was no testimony 10 show that the sigma
ture OF the justice 10 the papers cnced
as evidence was authenticated, as the
law requires the ruling OF the court te-
low was clearly proper and he same
Is affirmed.
A BIG INSURANCE CASE.
Another important case was that IN
which an opinion was handed down by
Judge Waddiu. OF the District Court II
was that Of the Fidelity Mutual Life
Association Of Philadelphia plaintiff IN
error. vs. David +. Miller and Ann +.
Percy, executors of William j. Pe'cy.
deceased defendants in error from the
For
the District Of Maryland The insurance
companv brought suit against the plain
tiff on n policy OF insurance ON ;he Tile
of William r. Percy for $4,000. This poll
lev was issued in August 1926. ln Lay,
1857 Percy was drowned in TIE tnf3d-
peake and Ohio Canal near ca nhcriand,
Nd the horse upon which ue was r'd-
ing along the tOw-path suddsnly pionsihB
IN the canal with him. The insurance
COMPANY claimed that tho policy vas
obtained by fraud at slime When the
applicant was hopeie5ty insoNea'' ana
made for tie purpose of protecting ]! -
beneGciar.cs. and mat Percy pu.roseiy
committed suicide to siQuidue h'- crt B
with the money derived from She 'ns''-
ance policies.
The court held that Percy death was
presumably not voluntary, ANA that &C
fendant 10 sustain the issue of st'cioe
must overcome the presumption ny sum-
cient evidence 60 prove that the dealh
was voluntary. Alter the evidence was
deduced the jury rendered q verdict OF
So re5 I'm favor of Percys administrators.
Judge Waddil sustained inc decision OF
the Jury. and affirmed that decision
against the insurance company
In was expected that the opinion I'm the
case Of VrOoman VS. Grafton would be
rendered yesterday. but owing 10 the
illness Of Judge Simonton, the senior
fudge. sitting I'm that case, the decision
was postponed. II Is doubtful whether
a will be rendered during this term OF
the court.
OTHER OPINIONS.
Other opinions handed down yesterday
were as follows.
No g,s. The Camp Manufacturing
Company. appellant, vs.. Henry Parker
nppellec. Appeal from the Circuit court
OF the Tniied States for the Eastern
District Of North Carolina. at Raleigh.
Opinion b. Judge Paul. Reversed.
No. ga James Boyd. Martin Lane. It
ais. appellants. W.. Luther IL H&nkln-
son. et ais. appellees. Appeal from the
Circuit Court Of the United States for
me District OF South Carolina, AT Char
lesion. Opinion BY Judge Gof. Re
versed
No. 272 ". r. Hodges and E. B. Nc
Keehan administrators OF samuel L.
Lusk. deceased. plaintiff 80 error. VS.. +.
!. K!mban and Henry Fink, receivers OF
Norfolk and Western Railroad Company.
defendant IN error. In error 70 the Cir
cuit Court OF the United States Tor the
western District Of virginia az Abing-
don. Opinion by Judge WacdiA Re
served and rcmanded.
No. 2l First National Bank Of Par
kersburg West Virginia. appellant, vs..
Isaac Prayer & Son. 81 ais. appelees.
Appeal from the Circuit Court OF The
United States for the District Of West
virginia az Partcrsburg. opinion by
Judge Paul Reversed.
40 PSI r. r. spraguc and wife. d.
N sprague. plaintiffs in error. vs..
Southern Railway Company. defendant
IN error In error GO the Circuit Court
OF the United states for the Western
District Of North Carolina. al Asheville.
Opinion BY Judge Con Reversed.
No. 2s2 william Eaton. plaintiff In or
ror vs. state ~ West Virginia, Def nd
ant 81 error IN error 10 Circuit Court
Of the United States for the District
Of West Virginia. Argued and decided
last term. Opinion reserved and opinion
now announced by Judge Waddi!l AZ
nrmcd
CAUSES ARGUED.
No. g17 Wheeling Bridge and Terminal
Company. plaintiff In error. vs.. Albert
A FTanzhelm administrator &c. de-