The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-11-16
STATE SUPREME
/ COURT OF APPEALS
HANDS DOWN SOME VERY iMPoR-
TANT pEcisioNs-soME PREc.
EoENTs BROKEN.
tspeclal 70 west virglnianl
charleston. W. IA. Nov. lc, leOs.

:
The following business was trans
acted by Supreme Court of Appeals
Tuesday:
In the case OF State VS.. Jesse Briggs,
the Judgment OF the Circuit Court of
Fayette county was affirmed. Briggs
was convicted CT niurder and gen.
tcnccd TO he hanged. Opinion by San.
ders. ].
In tho case of Pence CT al. VS.. Carney
ct al, from the Circuit Court of Sum.
:ners county. The desrqe Was modified
and affirmed. This cusc .nvo.yea 4
consideration of tie subject OF SUB
terranean waters. Tie question was
before this Court for the first time. and
II has decided that the owner OF land
who explores for and produces sub
terranean percolatiug water within The
boundary OF his land Is limited to n
reasonable and beneficial use OF such
paJer when to otherwise use 1t would
depicts The water supply Of valuable
natural spring OF another on adjoining
Or aeighborlng land and thereby mate.
rally injure or destroy 1t. The Court
found that the waters supplying
Fences spring were percolating wat.
ers. and, as appears above. limits the
defendants use of the water found on
his land TO a reasonable and beneficial
use. Opinion by Cox, Judge.
In the case Of Campbell VS.. City of
Elkins. the judgment of the Circuit
Court was affirmed. Opinion by POI.
fen,arger. i
A writ OF prohibition was allowed II.
the case az Campbell VS.. Dooilttio e,
al. from tie Circuit Court OF Capel!
county. The common council OF the
City of Huntington IL composed OF
twel.c members. One had resigned
aud controversy arose as TO whether
his successor had been elected. and at
the time of the councils action, anoth.
er ilenbcr was absent. and the remov
al of one of the policemen was effected
by vote of six to four. This court
simply restrained Judge Doolittle' from
acting In Tic matter by prohibition.
Opllion by Poffenbaiger, j,
In the case of Griffin w. Fairmont
Coal Company, from aarrison county.
the judgment Of the Circuit Court was
affirmed. IN the Court below. Judge
Mason, circuit Judge, held that the
purchaser of coal under deed with
the right to mine and remove all the
cosl, might remove ull the coal with.
out liability for the breaking of the
surface by reason OF such removal. All
the English and American courts have
helc to the contrary VIZ, that there is
In such decd the implied reservation
that thc purchaser Of the coal must
leave enough coal TO support the sur
face in its original position. but the
Supreme Court of tris State repndiates
that doctriIe and haids as Indicated
~. We. Opinion by McWhorter, j. A
dissenting opinion was filed by Judge
PoIenDarger
In the case Of Woo,l'vs. Gordon. from
cehell County the Supreme Court re
fused a writ of niandamus, holding
that whenever the wrads. "1'he council
for the time being shall by u majority
vote of all the members elected" shall
occur in charter. they shall mean
majority of tie whole number of mem.
beers TO which the council is entitled
under its charter. Opinion by Nc
Whorter, ].
In the case Of Keller VS.. Keller, from
barbour county. the decree was ~.
yersed. this Court holding that an or
der for temporary alimony made in va.
cation, without notice Is void. opin-
ion by Brannon, p.
The Court refused writ OF error
In the case OF the State VS.. Pridemore.
from kanawha county.
D. NJ. Easley, OF Bluefeld. Mercer
county. was admitted to practice in
this court.
Court adjourned until Monday morn.
ing. November goth. 1905.