Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-03-29
COURT OF APPEALS.

The Court OF Appeals yesterday
handed down four opinions. One OF
toe most important was that of Mey-
er's Sens We. Falk. Miss Hanna Falk
was employed by the Messrs. Meyer In
the capacity Ct saleswoman, and In
aliRhtino from the elevator on Ssptem'
Der 2, 1898, she was severely injured,
uecessitating the smputation OF one OF
her limbs. Miss Falk instituted suit for
500 600, and on the 18th of February,
1900, she was awarded damages in the
sum OF "a $50 In the Law and Equity
Court. and from this judgment 40 ap'
peal was taken by the defendants. The
lower court was affirmed.
The case OF Clarke vs. Sleet's admin
istrator, from the Circuit Court OF Rap
pahsnnock county, was reversed
opinion by Judge Buchanan. The case
is one in which suit was brought to re-
cover on bond aud an open account
the defendant attempting to show that
at the same time the account was msde
that Slaet was mentally incspacitated,
aud was shortly afterwards adiudged
insane. The evidence WAS not allowed
by the lower court. The Court of Ap'
peals holds that the evidence was adj
Missile, and remsnds the case for 9
new trial.
Lsavell vs.. Smiths executors. From
the Circuit Court Of Prince William
Reversed; opinion by Judge White
Lsayell, who had been an executor o
Cornelius Smith ian executor Of VIII
liam Il. Browning), filed bIllsllegine
that the accounts of Smith as executor
had been regularly settled before 6
commissioner, which had been confirm
ed by the court. The surviving execu
tor had settled his accounts from time
| TO time, and there were no funds 10 his
hands with which to pay the claim o.
Smith, and slit was brought to recover
| by Smiths executors from the devisee:
under Leavell's will. The statute o.
limitation was raised By the defense
holding that the debt was not sustained
by the evidence; because the ex pa.tt
settlement exhibited with the bill was
not evidence, and that the claim, il II
ever existed, was barred by limitation
| These contentious were overruled BY
] the court aud an appeal taken. The
court holds that "in suit of this char
acter 1t was an error to direct the com
missioner to take as correct the OK
parte accounts OF the executor; he &C.
cupied no higher place than the credi.
tors. whose,debts he is alleged to have
paid, and the plaintiff should have been
required TO establish their demand by
satisfactory evidence, just as the edi.
tors must have done il they bad been
senking to enforce q collection" The
case is reversed for q second hearing
the court adding: "The court expires.
ses no opinion on the subject OF the
statute of limitations, as it does not ap'
pear to what extent that question may
be Influenced by the evidence not now
in the record.
Broaddus aud others VS.. the Board Of
Supervisors of Essex county was az
firmsd. Judge Buchanan wrote the
opinion. The case was to compel the
supervisors to erect fre-proof clerks
office. The trial court decided against
Broaddus and dismissed the petition,
An appeal being taken. The court yes.
ter9sy sus aimed the Circuit Court OF E..
sex county, holding that the supervisors
are judges OF the qualities OF the build
log erected and whether h meets the
law on the subject.
Reuseus vs.. Cassell, &c. Writ of or.
roe and supersedeas. From the Circuit
Court of Carroll county. Bond 81 ,250.
Norfolk and Western Railway Com
pany va. Cromer's administrator. Writ
Of error and supersedeas to judgment
Of the Circuit Court of Roanoke city.
Bond $4,000.
Sands VS.. Chesapeake End OHIO Rail-
way Company. Appeal refused.
Daniels administrator vs.. Virginia
Fire and Marine Insurance Company.
Writ OF error refused.
Virgins. Caroliua Chemical Company
vs. Carpenter & Co. Petition to rehesr.
Petition refused.
Southern Railway Company vs.. Will
cox and DsJsrnette. Argued and sub
mitted.
Argument was concluded in the case
Of Munford, survivor, &c., We. Van
Wyck.
The next case to he called is Hoffman
vs.. Planters Bank of Richmond.