Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-02-13
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CONSTITUTIONAL Remedies
Change - Stock Subscriptions -
Acts 1878, PQge l6.-There are no
such vested rights in existing RENE
dies as precluded the legislature from
changing either the remedy itself or
the court iii which it is to be assert
ed, provided an adequate aud suti-
clent means of enforcing the contract
be preserved. The act requiring suits
at law to collect su descriptions to the
stock of joint stock companies acts
lS97'9S, page l6) aud emitting the
defendant to a trial by jury affords
an adequate remedy.
6. JURISDICTION 6Seltce Of
A court without jurisdiction should
express no opinion as TO matters in
VOWED in the cause.
Upon an appeal from a decree OF
the Circuit Court of Prince William
county.
affirmed.
a. b. Pugh, for appellant.
Marshall Mccormick, Barton 4
Boyd, for appellee.
Buchanan, j., dissenting.
Phlegar, j., absent. Interested in the
case.)
KEITH, P.-George G. Ricamore
sold certain real estate to the Berry
Vile I-aud aud improvement Compa
nv, snd reserved vendors lieu to
secure the unpaid Oaiauce OF the pur.
chase money. To enforce his lien,
ne instituted suit IN the CircWt
Court of Clarke county IN which the
Berryvllle Land and Improvement
Company was made a party defen
dant, and at the May term, 1898, u
decree was entered directing the sale
of portion of the compaLy's real
estate. by the same decree the cause
was referred 10 master commission
er, with directions TO convene the
general creditors Of the company, TO
ascertain aud report the real estate
owned by u, with the annual and fee
simple value thereof, and the liens
binding upon 1t IN the order of their
priority. THIS decree of sale was ex-
ecuted before auy report of the liens
mad been returned, and the sale con
irmed by decree IN vacation dated
August y, 1898.
John y. Page was the commission
er directed to execute the decree OF
reference, and his report was return
Ell to the court at its October term,
1898. None of the stock holders had
at that time been made parties, aud
the report was confirmed with the ex-
press provision that it was not IN
tended to adjudicate the question OF
the liability of the stockholders, anu
u decree for the sale of the residue OF
the real estate of the Berryville Com
pany was directed.
At the May term, 1894, Commits.
sioner Page was directed to ascertain
the stockholders of the defendant
company, the amounts paid on thelI
stock, the amounts called for and un.
paid, and what amount, if any, each
stock holder would have to pay to sat
isfy the debts of the company and fol
equalization amongst themselves.
After the stock holders were mad,
parties, 1t appearing that Commits
siOner Page was related to some Of
the creditors of the company, tn,
cause was referred to Il. NJ. Ward a,
special commissioner, who was di
rected to execute the last mentioned
decree of reference, the decree pro
Viding that the dispositions alread,
taken By Commissioner Page shout,
be considered by Commissioner Ware
in making up his report. Commits
siOner Ward returned his report il
May, 1897, and at Il court held Jan
uary s, 1899, decree was entered
which confirmed his report IN 50 fa
as it ascertains and reports the in
debtedness of the Berryville Lane
and Improvement Company. Com
missioner Ward adopted in part re
A