The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-16
SUPREME COURT
Number of Decisions
Handed Down. Boyette
Case.

number of opinions were handed
down by the Supreme court yesterday
AFTERNOON, most of which were matters
of legal routine.
Two cases, however, weer of news
interest, these being: In re Boyette,
from. encir, and Green VS.. Telegraph
Company, from Halifax.
The Boyette case. it will be remem-
bered, was that arising from the Kill
ing of Mrs. Boyette by her husband in
inston Boyette was tried and declared
insane by the jury and was then sent
to the Grim nal insane" department
of the penitentiary. The term. 'crllni-
nal insane which is in itself q con
tradiction in terms, has been for Il LONG
while a stumbling block in the way oil
the law In the Boyette case, the de-
fendant is said to have recovered his
reason since his incarceration and his
lawyers nave taken out habeaS corpus
proceedings for his release. which Were
dismissed. The Supreme court, on
appeal does not pass directly en- the
question at issue, but remands the case
To the court below for further or
ders.
In the case of Green VS.. Telegraph
Company, the doctrine of mental an
guish appears to have been still fur
facts appear from the record, a tcle-
gram was sent to certain parties to
meet the daughter Of the plaintiff on
her arrival at the destination of a rail-
road journey. The telegram miScar-
ried and the young lady arrived in q
strange place, after wark, and was
driven in a carnage, over TWO miles
before she arrived at the place a.
which she was stopping. 1t is not az
SuhINCtP6
insult or fear except that incident TO
ner unattended arrival at night in a
strange town.
The case came up in the town court
on demurrer of defendant which VAS
sustained.
on appeal, however, the Supreme
court holds that the facts alleged con-
stitute q valid cause of action and re-
NAMES the case for trial
Cases from the Twelfth District were
argued in Supreme Court yesterday as
follows:
State V. Billings. argued by Attorney
General for State: Erwin V. Morris DY
montgomery & Crowell for plaintitf,
Osborne, Maxwell & Keerans for de-
PENDANT. PInchbank V. Mining Co.,
argued by Osborne for plaintiff, Bur-
well & Canister for defendant. Ray
ner V. Liddell Co, by A. b. Justice
for plaintiff G. w. Tiliett and p. Ii.
X. Cabell for defendant. Lee V. Rail-
road. by Alexander for plaintiff Cans
Ter for defendant. Moore V. Electric
Ry. Co., by T. G.. McMichael for plain
tin. Burwell & Canser for def/ldant.
fire Extinguisher Co. Y. Railroad, by
w. f. Harding for plaintiff. Osborne.
Maxwell & Keerans for defendant.
pApeals from 18th district will be
called next Tuesday, Nov. %. in the
following order:
Smith V. Johnson.
Hickory V. So. Ry. Co.
Bolick V. Railroad.
Sigmon V. Foy.
Cameron-Berk Co. V. Power Co.
Britain " WesthaH
Opinions were handed down as fol-
lows:
Hill " Dalton, from Forsyth. new
trial.
Redd V. Cotton Mills, from Rock
ingham, no error.
Reynolds V. Railroad. from Surry'
Pratt v. ChafHn. from Stokes. af-
firmed.
Oil Co. V. Grocery o.. from Forsyth
error.
no error.
Chaffin V. Mfg. Co, from DAVE, De-
tition dismissed.
Wingate V. Parker. from Rowan, no
error.
Howell V. Parker, from Stanly
error.
Laton Y. Crowell from Stanly. new
trial
Rowan. new trial.
Owen V. Meroney, from Rowan, re-
versed.
Stewart V. Railroad, from Rowan
no error.
Eames V. Armstrong, from Rowan
affirmed
Grocery Co. " Railroad, from Da-
wilson, affirmed.
Blair V. CoakIey. from Union, NJ
error
London V. Bynum. from Chatham
error
In re Boyette. from Lenoir, remand
ed to the Judge for further find lngs
Lumber Co. V. Railroad. from New
Hanover. error.
Avery V. Stewart, from Craven. er
ror.
w. Fl. Green V. Tel. Co.. from Hall
fax. reversed.
I. r. Green V. Tel. Co.. from Hall
fax. reversed.
LEROY Y. Jaeobosky, from Pasquo
tank. no error as to Jacobsky and new
trial as to Weisel.
Wool V. Fleetwood, from Perquim
ans. affirmed.
Allen Bros. V. Tompklns; IRON
Franklin. per curtain affirmed.
Lemmond V. Mccain. from Union
per curiam, affirmed.
Iddings V. Tel Co, from 1redeil
per curiam, affirmed.
Wall " Smith, from Rocklnshan
dismissed for failure TO prosecute.
Hutchins Y. School Committee, IRON
Durham. motion to advance alIoWe'
and set for end of 18th DIST. lheN
weekl.
THE HIIADY MIR. M'NAIL1.