The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
Supreme Court Files De-
cisions in Is Cases.
NOTHING OF M'COWN
Written Opinion in Famous Hearing
On Habeas Corpus in Contempt
Case Not Yet Ready. Digest Of
Opinions Handed Down
Yesterday.

dered the first of it's opinions for the
Fall Term, fifteen cases being decided,
as follows:
Pitchford V. Liner. from Warren;
TWO cases. no error in each.
JOINER V. Early, from Berte, af-
irmed.
Pritchard V. Mitchell. from BERTHE.
affirmed.
Wilkins " Norman, from Washing
ton. affirmed.
Latham V. Lumber Co.. from Wash
inEton. affirmed.
Moore V. Fowle, from Beaufort. af-
5irmed.
Johnson V. Wescott, from Dare, af>
irmed.
Bonner V. Stotesbury, from Hyde.
lew trial.
Davidson V. Bardin, from Perqui-
mans, error
Williams V. Hughes. from Biaden.
,ffirmed
Hinton V. Moore. from Pasquotank.
affirmed.
Jennings V White, from Pasquotank.
new trial.
ed.
State V. Archbell, from Beaufort. no
error.
.
defendants appeal docketed and dis
missed on motion under Rule Il.
Most of the opinions rendered are in
cases involving the title to lands and
there are none which get away from
the settled grooves of old principles.
Among those of passing interest are
the case in which the Board of Edu-
cation fails to remove cloud of title
from a tract of land attempted to be
decided by it to a lumber corporation
and the case Of State VS.. Archben
which has aroused some public inter-
est by reason of the circumstances
of brutal assault by the defendant
on his wife and the verbal castiga-
ton to which he was subjected on
the trial by the solicitor.
1t was expected that. the court
would yesterday give its reasons in
the case of McCown, of Durham, who
was attached by Judge Ward for con-
tempt committed by a personal as
saut upon him for the exercise of his
discretion in sentencing a prisoner
the court having already dismissed
the respondents appeal from the re-
fusal of Judge Walker to liberate him
on a petition in habeas corpus. The
great interest to the profession in tins
opinion lies in the uncertainty as to
whether the court in dismisSing the
appeal took the ground that the con-
tempt for which McCOwn was attached
comes under the statutes or whether
it was decided that in a case of per-
sonal assault the power to protect it
self by attachment for contempt is
inherent in the court and beyond the
authority of the Legislature to regu
late.
Digests of the opinions filed fol-
low:
Bonner. administrator, appellant
VS. Stotesbury ct al. Error. Walker, j.
1. Section $50 of the Code prohibit
ing testimony against the representa-
tive or assignee of a dead person does
not inhibit testimony as to transac-
tons with q deceased person when
such evidences is offered by the per-
sonal representative, the purpose of
the statute being to protect the de-
ceased persons representative or as
Signee.
2. Upon a question of fraudulent
concealment of funds to which an ad
ministrator is entitled, Code section
155 60 applies only where the
ground" of the action for relief is
fraud or mistake and the statute
runs from the discovery of the facts
constituting the fraud or mistake and
not from the discovery by d party of
rights hitherto unknown to him.
Mary f. Davidson ct al VS.. j. ID.
Bardin, administrator, appellant.
Error. Clark, G. j.
In an action to recover against the
of a deceased person,
testimony by plaintiff that she gave
him medicine. prepared his noursh.
ment, kept him clean and cared for
him generally; that he was helpless
and 1--WE had to do all the
services and wait on him" was evil
dence as to personal transactions"
with the deceased and was incompe-
tent under section 500 of the Code.
and not testimony as to such sub
and independent facts as
may be testified to of and concerning
a deceased person.
ThOs. If. Latham ct al, appellants,
vs. Roanoke Railroad and Lumber
Company Affirmed. Conner, j.
William Alsbrook devised the land
from which the timber in controversy
was cut to his daughter, Subra Harri-
son. for life. concluding with the
words: "And after her death the said
land and negroes are to go to the
children of my said daughter and the
children of such as are dead Sabra
VINO Is l1Vlng, nad thirteen
children. In 1892 Sabra Harrison and
her three children, including the moth
er of the plaintiffs and the children
of such As were dead. instituted
special proceeding for the purpose of
securing an order for the sale of the
timber on said land. Timber was sold
by a commissioner and the defend
ant corporation was the purchaser.
the mother of plaintiffs receiving her
share of the purchase money. The
plaintiffs were not parties to the pro-
ceeding Mrs. Latham died before the
commencement of the action. They
sue for one-thirteenth of the value Of
the timber.
Held. That, under the clause of the
Will giving a life estate to the mother
with remainder to her children and
the children of such as are dead, the
plaintiffs Children of a deceased
child) have during the life of the life
tenant only a contingent remainder
which may never vest, so that they
may not now~maintain an action.
M. Moore ct al vs.. S. II. Fowle ct