The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-11


lybfihg sBliit1iaeik within tic exception y Of
4 tiio genera ruls and lie was not untitled
10 recover. Il III Il y II ,s;
/ .rhc court Their reviews briefly tic 9TH
eli Instructions that were exceptc TO md
i cuhcltdts sst n sii 5Is N IA
9sn1t IFS unnecessary to consider tho X
|inaining asslghtn ai,t or error, TINT the
verdict1s agaisNt tlio evidet, e., as me t
/ Judgment Will have to be reversed 'the
verdict set aside mid lsi,e " trail awarded
i fot#tlloE crror COMMITTEE n ~ tho court
EingrcfusinES t, give instruction % ns Of
fefcd ard Iii glV Ing II as amended by
tlieScourt.'''55aa 81. "a 555 5s
8As to Bankrupt's Trustees. [, ID
nh, , tsus.oS fnn to cl py
Judge Is, /, 9Th !. Il i ,,;,,,ch u am
SrerreIi .sa banKrpt entered into a.9eoi,s;
tract With !Tllp1,o to rurrllas,o cnr.
tan in fS ort,,
FiiippoS having sold the timber ot' {, l n.
lnnd Tor 900 more thai the Grig,nn
cnsi cla1mea hns ei o oo
half 5of tho profits thus far uccruing, anu
John Lamb. lie trustee, IN bankrtirt 2.
and rs such tho custodian y, I r., y,
asse Is, under instructlon from the y DiltlK-
Tic lower court .wns OF the opltilon
lthnt the Contract between slllrl,o inild
qt,ctits to- tho date Of TERRELL bcl s nd1.l
Dictated IL Bankrupt and that therefore ,,,
tho pfrre1i IL rnn f ,hm snhR
i rS s,% TT 10 Lamb tic trustee but as
l1rerrclg Iii Ills answer conceded tllo riglltl
Of tho trustee to recover there was ls. ~.
aas terpess liz i tie Contract fo
tho 8bencflt@o OF his crcdi tors and lupon
lsthisqt heory.:l lccrees was en- tered III Inv0r
ISofatlie trustee, Lamb, from Wlllct ~, Pro
Io,Nv 1f,t1lla
i a. N ORE tina Asll11D
1.-The court reviews II tho test inloi,y 1 7, ~
dcudcs n 1 tiie pIn,i,l W.
$500 more than tho Circuit Court gay linn,
he havlng been inproperly CHARGED /, th ~
much on Interest account: Tic 4 decision
nfrirnls tho decree Of II lie lower court as
| ltoE 500, "but Will reverse the tlccrnc. or;
the Circuit Court III fnNot OF the ppellee;5
with 3respect To- tho Item Of $500 alleged
Of tho hppelleeGto that: erect and remand
SlhoI case to the Circuit Court. for further
inquiry as to appellants liability Tor the
gs1pfsp5Sy nn II Is R 81 0tf
|5lahd from which tho timber was d re- e.
Fire Damages n. n ls5l.
Collins rs, deorge.-From Il tho q Circuit
Court of Caroline county; opinion by
III This wa an lotion for damages caused
by fire TO nelg hborng property res ltlns
from sparks from the engine Of q say
defendant, and tile case came u on eS,
|5ceptions TO both the written and oral
instructions Of tho lower 4 court 70 1 the the
/, The decision sus tains the lower court
and the verdict Of the jury. \ and dis
cusses the questl on Of care and egligcnca
In steam ,e3 ENGINES
sion say 70 are of opinion that while
| tho failure to use a spark nrrest err upon
"a ationaryS saw mill Inc ls g clrcu y
he inferred. it cannot be- said hat sucfl
failure Isl per so negligence and. there.
fore the instruction 5of the lower court
to this effect was erroneous. Had tho
verdict been In conformity with this In i
struction, grea difficulty might arise In
interfering with 1t. because = party OBJ
So n e tho h. Tine othcrWise In general
| 5hc must he considered as having waived
the obtec ton. But as The verdict was
in favor Of tho del endant, against whom r,
| not be set aslde.n84Thos court further de-
lEcldas that I lie evidence wDs not irsufll-
cicnt to sustain 4 he verdict. II
Demurrer Sustained.
Vaughan s.. Co, assignoes, rs. Virginia
From the Circuit Court OF circenesvillo
county: opinion by Judge Bucha nan 8
| ;{Tllik was O case which has ts beiore
been before the court, and was rernanded
| for new trial. II was "a case Eln3Whlch
| tho insurance company resisted payment
Iipf a fro insurance policy because 81 OF
alleged false swearing and of an attempt p
| at fra nd \ on the part OF the insured IN
case was heard in TIC Circuit Court Of
ereenesyills county and aye1dst for The
tile, verdict aside and granted new
trial At tho new trial the same testi-
mony was offered before the same judge.
and the defense demurred. The demur-
rcr was sustained. and the PLAINTIFFS ap-
| pealed. Judge Buchanan reviews the tes-
timoliy and decides: I'VE are OF the
the Circuit Court uponBt tho demurrer was
Drq,nly q right, and It's 5udslnent should %
A Divided Court.
Southern Railway Company VS.. Glenn's
Adminstrator.-From tho. Circuit Court
Harrison, Judges Buchanan. and Carroll
| Y dissenting. 5s4 IL ~ l
This caso is OF long standing. and has q
a" decision rendered which settled tho.
merits Of tho case. In tho mandate 5of
name 81 tho 8trustee of8 the, cstat Eot.
roncously recited as INV. Glenn"
nstsaa aGhp CHS e error thS
mandate void as S;lGa inst the ,est q
John Glenn, trustee; that for the CIRCUIT
i Court to " make the {5rlanultoa SOperutlEe
| against the estate OF John Glenn, trustee,
4 would be for tint court to. amend the,
mandate Of this court, which It had T no
Judge 3 ii arrIson, ''for the Circuit Court
to amend or33correctE the mandate OF this
court. We are, q ourselves, poW,erless I. to
amend or correct our own mandate after
tho term at (which 1t was rendered has
| passed, and the time for "a rel hearing has
| expired. From n casual reading OF the,
| or the I, "a me OF the trustee was wholly
UNNECESSARY. The presence Of the name
or WY qlenn'. in the mandate takes
tlotling from It's force: the order would
\ lave been complete md etr ectiye without
The name clenn1'mn'ay t tEhI e,
docs not vltiate that which IS otherwise
81 a1 COMPLICATED CASE.
| IA on this question thus briefly disposed
i of the case came back to the court this
4 time burdened with other estions,, which,
4 make It ono Of the most complicated
nfo,, n