Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1900-07-28
CIRCUIT COURT
A Special Term Here Tuesday, and Inn
portant Cases Decided.

a special term Of the Circuit Court Of
Berkeley county was held At the Court
House tuesday. during which several iir
pogtant cases Nere decided oy Judge F..
Boyd Fau.Sner. vino presi-ed over the
special Sc sslon,
The hrSt Case was the contested cleo
ton case of Llghlburn IS Bennett. which
was removed here from Lewis county. al
involves the right OF the lltigaang parties
tUthe Office Of Clerk Of the County Court OF
Lewis County. Judge Eau kner had a
large record 10 ex smine and has had the
case under consideration for sometmc.
In making the decision ms honor decided
that there were several preliminary q les
titns which would necessarily have % be
decIded before the merits Of the case
could be passed upon in case the Court OF
Appeals would haye 10 consider the mat
ters involved That the decision OF these
p,ints might save the county OF a record
costing hundred Of dollars, aud therefore
directed decree prepared involving the
fol owing points OF his decision.
First; AS to whether the appeal was
properly granted BY Judge Bennett RET
alive of the coltestee. The oblectioa TO
the appeals having been allowed was
overruled.
Second; All objections to the sufficien-
cy Of the notices aud counter notices in
The case were overruled
Third; The oojsclion as to the ell. /
bility OF one Peterson acting as o mr., OF
the court under the circumstances was
over uled.
Fourth: This the court considered very
vital point ana upon i. unless the case Is
carried 10 the Court OF Appeals the whole
case depends. 1t involved the right OF the
County Court OF Lewis county 10 continue
The hearing Of the case after the elapse OF
| three months from the da oil the cleo
ton. The court decided that the law in
such cases requiring all proceedings TO be
made and had within three month from the
! date of The election was mandatory and
not directory and that therefore all acts
OF the ounty Court after the expiration
Of three months were utilities.
Judge Faulkner referred 10 numerous
decisions Of tie Court Of Appeals IN none
Of which the actual points involved were
decided, but in all of which every expan-
sion eff the court was III the inc OF the
opinion of the Court deciding the case al
bar
The coart taen heard the arguments OF
/ counsel in the mandaGus case of VIM. r
Parkinson VS. Board of Education OF Ger
ardstoWn District. and holds the case TN.
der advertisement.
In Ease Of Joseph Engienth VS. Abr
Berlin and Adam Keller INVOKING the
right of Margaret Englen1h to dispose o
real estate under the viii OF her husband
tie court decided that all conveyance:
prior to that to said Keller were vald, bu
the latter invalid.
David N. Hannis VS. Anti Nicotine
Mig. c.. decree confirming sale and dis
tribution purchase money.
Hannis VS.. Smith, Adnr. decree of dis
tribution of deferred payment OF purchase
of money.
Wisner vs. Wisner, decree confrmn.
distribution OF purchase money; also re
port of Comrs of sale showing bid on ? z
acres ofreal estate heretofore sold, ant
allowing the former purchasers to flle OF
hdants in support OF prior sale.
H. J. Seibert VS. K. S. Smith ct al de
cree retiring cause from locket.
! d. P. Custer VS. Nelson ct al, decree con
hrming sale OF rea, estate and making dis
! tribution Of the cash payment ;nerefrom.