The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-07
HANDED DOWN
MANY OPINIONS.
Busy Day in United States Court of
Appeals.
JUDGE NATHAN GoFf PRESIDING
February Term Of the Federal Tri-
bunal Convened Yesterday
News OF Other
Courts.


Appeals convened for the February term
yesterday at noon. Judge Goh, Ore
siding, Simonton, Morris and Waddill,
were over the bench
In the case Of the United States VS..
Steantug Frank A. Love- the cause
Iiehtship No. 80. the property OF the
United States. stationed off Smith ISL
and. marking the entrance OF the Caoes
of Virginia During a. heavy gale IN Sept
eMber, 1896. SAID ship broke adriit from
her rldorings and after losing an hc1
anchors was carried before the gale into
The Chesapeake Bay. The tug noticing the
signal cf the lisnts,lip for assistance I'M
1;.ediatcly went to her (which master OF
the tug describes as 4 signal tor a low
After many efforts a hawser from lhe
tug was finally passed to the lishtship,
and she was towcd to the wharf in Ports
mouth. The Circuit Court held this 10
be a salvage service of low order Oh merit
and awarded the tug $500. and This court
.ftirms the lower Court, but says the
award is liberal in the extreme. Yet we
cannot say that it is in viuition Of just
principles or clear ana papa: le 1illsLihe
or a gross over allowance.
No. 2S6-SteDhcn z. HalseT. plaln,lH III
error, rs. Walter Bird & Co.. defendant
in error; in error to Circuit Court for the
Western District Of Virginia, al Lynch-
burg. Opinion by Judge Golf. Reversed
with costs and remanded for a new trlai.
No. :.93-Brunswicl Terminal Company.
ct al, appellants. VS.. The National Bank
Of Baltimore, appellee. appeal from the
Circuit Court of Maryland. Opinion by
Judge Waddill. Reversed. Judge Braw-
ley dissenting.
No 30S-The Emerson Company of
West Virginia, appellant, vs.. Robert
Mitchell Nimocks, appellee. Appeal from
the Circuit Court for the Eastern Dis
trict of North Carolina. at Raleigh. Opin-
Ion by Judge Morris. Reversed as to
claims -. 5 and 6. of patent :i35.9S2, with
directions to enter a decree finding that
the defendant has infringed those claims
and for an injunction and an account.
The appellee is TO pay the costs of this
appeal
No. :OG-william N c. Wilson. ct al.
appellants. US. Winchester and Potomac
Railroad Company ct al, appellees. APP
peal from the Circuit Court of West Nir-
g:nia, at Marrinsburg. Opinion by
Judge Waddill. Affirmed with costs.
No. 3us-I5le Fork OIL ana Gas Com
7any. appellant Us. George e. Foster. ct
ais. appelees. Appeal from the Circuit
Court Of Nest Virginia. at Parkersburg.
Opinion by Judge Simon1on. Affirmed
with costs.
No. GOA. II. Bremen. agent. appel
liant VS. British Steamship .ki-khill.'
appellee. Appeal from the District Court
of North Carolina. at Wilmington. Opi,l-
ion by Judge Brawley. Affirmed with
costs.
No. 3l1-The United States. appellant
Us: Steam tug Frank A. Lowe appel
lee. Appeal from the District Court for
the Eastern District of Virginia, at Nor
folk. Opinion by Judge Simonton. At
iiT,med without costs
BALTIMORE CASE
No 3l3-Baltimore Building and Loan
Association, ct ais. appellants Us. j. C.
Anderson, ct ais. appellees. Appeal from
the Circuit Court of West Virginia, at
Parkersburg. Opinion by Judge Simon
ton. Reversed with costs and relnandcd
to the Circuit Court with instructions 10
dismiss the petitions of y. Z. Whitaker
and D. II. TAYLOR and TO direct the pay
ment TO Fielder c. Sl:ngluff from the
funds in the registry of the court. of the
sum paid by HIM on account OF the SUD
posed purchase Of the realty bid in by
him.
No. slip. RUFF, appellant VS.. CONNER
cial Bank of Lynchburg, Va, appellee.
Appeal from the Circuit Court for the
Western District of Virginia. at Lynch
burg. Opinion by Judge Simonton. At
iirmed each side paying mis- own costs
in this court
No. %lS-Georse Z. Foster, appellant. VS..
Elk Fork Oil and Gas CO.. ct al. appel
lees; appeal from the Circuit Court of
West Virginia. at larkers5urg Opinion
by Judge Simonton. Affirmed, with costs.
No. SS5s--fickens Township. S. c.. plain
tiff in error. vs.. Henry A V. Post, sur
rivinE partner of Post & Pomeroy. de-
tcndant in error: in error to Circuit Court
OF South Carolina, at Charleston. Opin-
ION by Judge Simon;on. Affirmed with
costs.
No. SS;::55-John II. Montgomery and vesta
Mills, petitioners, appellants, VS.. City
lesion, Mills. ct al. .,3pellees: appeal from
the Circuit Court of South Carolina. at
Charleston. Opinion by Judge Simonton.
Affirmed with costs. Judge Waddili dis
sentnE.
No. 2so-Alary Z. Kunkel, widow, plain
tiff in error, IS. George r. Brown. defen-
dant in error; In error 10 Circuit Court of
Maryland. Opinion by Judge Simon.on
Affirmed with costs.
No. a..55-i. j. laugg1ns. ct al. appel
sants, Us. William +. Daley, appellee: APP
gina, at Parkersnurg. Opinion by Judge
u;rawley. Reversed. With costs.
NO, Sustaining Minnie, appellant, VS.
Schooner J. (. Haynes, appellees; appeal
from District Court at Norfolk Opinion
by Judge Waddill Affirmed.
DISMISSED WITH COSTS.
No. 3l:,-Thomas II. Bolts, trustee in
bankruptcy of Henry ]. Clark, petition
er. rs. William r. Hammond and John
". Snyder. co-partners. trading as Ham
1nond s. Snydor. respondents: on petit
lion Tor review the proceedings of the
District Court of Maryland Opinion By
Judge Simonton. Petition dismissed with
costs.
No. al7-J. NJ. Bear & CO., ct al. petit
TONERS. VS.. Robert G. Chase, trustee in
bankruptcy of r. D. Rhodes. respondent:
on petition TO supcrintend and revise iii
matter of law The proceedings OF the
District Court of South Carolina. at
Charleston. Opinion by Judge Waddill.
i,ulilg OF District Court affirmed
In the case of Henry j. Clark. bank
Iupt. The bankrupt IN this case made al
assignment FOR the benefit of his credi
tors. in August, 1925; q combination was
entered into Between the creditors, agree
inG that all the proceedings from lis
goods were TO be PAM TO his creditors pro
rata equally, which was to be accepted
tn full o. their respective claims. All the
creditors entered into this agreement eS-S