Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-01-28
TAXES ON BANKS ILLEGAL
Judge Daily Decides Against the
Berkeley County Court.
OTHER CASES ARE DECIDED
Court Holds That Certain Transfers
Made By c. j. Graybill Were
Not Legal.

Not Legal.
Judge w. r. Daley, of Romney.
occupied the bench in the Circuit
court Tuesday TO hear cases In which
Judge Faulkner is interested and thus
debarred from deciding.
In the case OF the County court
against the national banks. where
the court sought to enforce payment
OF county taxes on the capital stocks.
she court held that the capital, being
in government bonds, was not sub
jet of taxation.
In the case of @. J. Graybill, charged
with fraudulently transferring prop
erty to keep it from his creditors. the
court held that such property had
been illegally transferred. except in
the case of Frank Gravbill, which
was properly transferred. The other
property Will be placed at the dispo-
sal of the creditors. the transfers being
set aside.
A novel point was brought to the
attention of Judge Daley for settle.
ment, when it was stated that the Old
National bank. which recently pur
chased the Martin hotel building
wanted to pay the whole OF the pur-
chase money in cash. which one OF
the former owners of the Motel refused
10 accept. insisting that the terms OF
the contract be complied with. Ac-
cording to the terms of sale, one-third
cash is required, the balance in one
and two wears, with interest. The
bank wanted to nav the whole and
thus save the interest, hut Mr. Shaffer,
considering the investment at 6 per
cent. good one. refused to accept
the proposition. 1t was the first case
of the kind ever brought up in this
court.
The court decided that the bank
tscould not enforce the acceptance Of
the purchase money in contradiction
of the terms of sale, except on the
half owned by the late Mr.. Shatfer,
and then only after the accounts
viviug owner could not he forced TO
accept any part OF the purchase money
until due.
VERDICT BY DEFAULT.
In the case of Il. V. Champ against
.. w. Raney. brought to the Circuit
court on an appeal from Justice Sny-
der. the court ordered verdict for the
defendant on the ground that the
plaintiff failed to introduce any evi.
dence. This suit was to recover about
$3.50 and costs which Champ alleged
to be due for the caro- and maintenance
Of the children Of Ranev. 1t is stated
that Raney married Champs daughter
and aftsrward they separated, the
father of the wife being Obliged to
care for the children.
MILK SUIT SETTLED.
In the case of Mary Henry against
Gottlt ID Welliuger. the judge refused
to allow the introduction of certain
testimony sought to be put in bv the
plaintiff. and the result was the fizz-
ling out of the case. This suit was
brought to recover an alleged m Tx
bill. amounting to about $50, which
fhe plaintiff said was due from Mr..
TWellinzer. This will probably end the
matter.
IMPORTANT WILL CASE.
One of the important suits to be
tried at this term of court is that
over the will OF the late j. Henry
Weidmar, which vas filed for probate
severa' mouths ago. aud which be-
queathed a considerable sum of money
TO the Lutheran Home for the Aged
at Washington. The suit is based
over the validity of this provision.
the heirs at aw allegi 6 that IN ine
il fiuence WIS exerted over ths dece-
dent when the will was executed.
DAMAGE SUIT UP.
The damage suit of S. L. Dndd
against the Clement Co. which was
tried in the Circuit court ON Friday
and Saturday. went to the jury Satur-
day evening. The jury was not verv
long reaching verdict, returning
with decision in favor of Clement
90. Mr.. ID ID sued for 500 damages
for his land, alleging that employees of
the Clemenr Company bad cut it up nv
baulpg heavy machinery and engines
over it. aud for $50 for the loss of a
cow. which died from the effects OF
too much corn. which be claimed was
due to the carelessness of employees of
the defendants. The jury evidently
believed that Clement q Co., had
already pait for the damaRe to the
land, and were not responsible for thu
death of the cow. Fl. Fl. Emmert for
Mr. Dndd and Walker & Wnnds for