The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-31
HIS PROPERTY IS
LIABLE FOR DEBTS.
Suit Over Request Made by Wife
to Husband.
MR.. TREHy LOSES HIS CASE
cour, Refuses TO Grant Him Rehearins'
Richmond Railway and Electric COM
parry ~ins-Other Causes
Decided.
MR.. TREHy LOSES HIS CASE

Decided
The Supreme Court OF Appeals handed
down opinions IN six cases yesterday.
Two were from the Circuit Court OF Ricii-
mond. Judge Wexford was sustained "i
enc case and reversed in the other.
a decision was rendered upon ne ap-
pliCatior of Mr. J. v. Trehy. clerk OF Tue
Corporation Court at Norfolk, ior re-
hearing of his cause against Colonei MOI
ton Narye, Auditor. Mr.. Trehy claimed
certain fees which TIC Auditor would not
allow The court sustained Colonel MafSc
A rchearing was denied Mr.. Trehy.
A very interesting case WAS that OF
Hutchinson Us. Maxwell, from the Cor
poration Court of Winchester This "a<s
q suit TO subject to tho payment oil his
debts certain property conveyed by Clark
Nlaxwell':s wife TO a trustee for the pebc-
lit OF her husband. The lower court was
reversed iii an opinion written py Juuso
Buchanan and the cause remanded loi d
new trial. The appellate court hoios tlls,I
property SO conveyed is liable lof d f'iah
debts.
Railway Company Nils.
Judge White handed down the opin-
ton in the case OF the Richmond Ra1iW;iy
and Electric Company vs.. West, reversing
The judgment OF the Circuit Court OF
Richmond West. a lad OF thirteen years
OF age. was injured on December %. 1897,
by a street car at Mulberry and Straw
berry Streets. The boy was riding upon
the front platform. when within
square of his home, on Beverly street
he stepped down upon the foot-boaro,
and in some way fell. The car crushed
his left leg SO badly it had to pc aflpu-
lated.
A verdict for damages was awarded IN
.hc Circuit Court; Judge Wexford refused
10 set it aside and the company appeal
ed.
Tic Supreme Court holds that Judge
Wexford erred in not setting aside the
verdict as contrary to the law and the
evidence in the case. The cause was
rcmandcd for a new trial
D cree Affirmed.
Judge Harrison wrote the opinion in the
case of Bosscau. sergeant of the city
of Danville. VS. Bass administrator. Jen-
ME NJ. Robinson recovered a judgment
fin the Corporation Court of Danville
against r. T. Bass An execution was
ISSUED on this judgment and delivered
to the appellant sergeant to be served.
lie returned it with the endorsement no
Effects Bass subsequently died, and
There was an insurance policy OF S5.ooJ
on his life. The question to be DECIDED
was WnetDcr Jennie NJ ISooiiiSoii, 'iiS
execution creditor. lad by virtue of her
execution in the hands of the appellant
a lien upon the policy here invoiN cd. In
other words, was this policy such per-
sonal estate as f-fa lien would hasten
upon in contemplation of Section S6ol OF
the Code. The appellate court neld that
The ii-fa in the hands of the appellant
Gid not operate as Il lien upon the policy
In question because, under the terms Of
~ H.
debtedness against the company in favor
of the assured to which such d. lien could
attach The decree appealed from was
h1lrmcd.
The Deed Was Not Good.
The Judgment of the Circuit Court of
Richmond in the case of Lcftwich US. the
rity of Richmond was affirmed. This
was an action OF ejectment TO recover
pertain lands claimed in fee simple The
question to be decided was The LEGALITY
of the decd executed in 1858 by Rooert
Howard, cerll Of the Hastings Court to
isaac A. Goddin, the assignee of James
Sutton. who was tie purchaser Of the
land in controversy, at d sale for the
non-payment of taxes. The objection
TO the deed was that it had never been
properly acknowledged and recorded. The
Circuit Court held that the deed was
pot a legal one and JUDGE Wexford was
SUSTAINED by the appella. court.
Judge Whittlc wrote ale opinion in the
case of G. A. Smith US. G. r. Bryan,
Mayor OF the city of Roanoke. Smith
sued for a peremptory writ of nlanda-
mus TO compel the Mayor to restore him
10 the police force. from which he alleged
he had been illegally discharged.
The lower court refused the writ. ana
Its judgment was affirmed
The Summary.
Following is the summary OF the pro
ceedings:
fudge r. II. Cardwcll:
Robinson VS.. Bass Administrator. Cor
boration Court city of Danville. Affirmed.
Judge John a. Buchanan:
hutchinson. &C. US. MaNwell, &c. Cor
eoration Court city OF Winchester Re
rerscd.
Lcftwich VS.. City of Richmond Cir
euit Court city Of Richmond. Affirmed.
Judge George NJ. Harrison:
Boisseau q Sergeant US. Bass ADMIN
tstrator. Corporation Court city of Dan
riilc. Affirmed
fudge S. G.. Whittlc:
Richmond Railway ard Electric Com
rauy Us. West. Circuit Court of He'll
sico county. Reversed.
Smith vs.. Bryan. Mayor Hastings
Court city of Roanoke. Affirmed.
Trehy, Clerk, Us. Marye, Auditor Pc
htion to rehcar. Petition refused
Meyers Us. Crowsey Circuit Court of
Gythe county. Appeal Bond. $780,
Meyer vs.. City OF Newport News. Cir
euit Court city Of Newport News. Writ
ef error awarded. Bond, S1oo.
Ncwlee vs.. East kentucky Land Com
pany. Circuit Court OF Lee county. APP
peal refused.
liylton VS.. Blair. Circuit Court of
Dickinson county. Appeal refused.
Cases Argued.
Hobsons Admr. VS.. Hobson's Executor.
Argued by Edward S. Brown for appel
liant and i. G. Southall and Judge VIM.
H. Mann. for appellees and submitted.
Norfolk Railway and Light Company.
rs. Consolidated Turnpike Company. Ar
rued by Harry *. Walcott and +. B.