The news & observer., 1905-12-16
Docket is Practically
Cleared of Cases.
DlGESTS OF OPINIONS
Eight Cases Decided Yesterday, Nor e
of General Interest. Among First
Business of New Term Prob
able Petition to Rehear in
Gaitis VS. KiIgo.

The Supreme Court yesterday ad-
journcd for the Fall term. to meet
again on the first Monday in February.
handing down opinions in eight cases.
With the exception of four cases
carried over under adversari, yester-
days opinions clear the docket of the
court
Among the first matters to come up
at the February term will doGotless
be a petition to re-hear in the case of
Gattis VS.. Kilgo. which under the rule
must be presented within twenty days
after the commencement of the term
subsequent to that at which the case
was determined.
The new reports are now bound in
buckram the court on investigation
among lar~e publishing houses having
ascertained that binding to be much
moro durable as we'll as cheaper than
the oid-fashioncd sheep. FREQ. entity
the court has been compelled to have
the volumnS of the older reports re-
bound.
Cases decided yesterday, digests of
which follow, were of no general State
interest:
Maggie PlummonS, administrative, VS..
Southern Railway Company, appel
liant, from BuncomDc. Affirmed.
Action to recover damages for al
legged negligent killing of plaintiffs in
testate. The defendant requested the
court to dismiss the action for that
plaintiff hhd not filed bond at the
time letters of administration were is
sued and at the conclusion of plain
tiff'S testimony made motion of nom
suit which was refused.
Held: /. The issuing of letters Of
administration cannot be collaterally
attacked in the trial of an action for
damages If issued in violation of
the statute the Clerk should revoke
tho letters of his own motion or on
application of any party interested in
an estate and for dcvastavit in the
interim his officiable bond is liable.
2. Evidence tending to show that
an intestate was killed at night in
the yards of the defendant, while
lying across the track unconscious;
that the track was straight for 300
feet; that the headlight of the engine
was burning and the train running
so Slowly as to be stopped within 80
feet after striking the intestate and
that the engineer oT fireman either
saw the object on the track or could
easily have done so for distance of
more than one hundred yards is sufii-
cent to go to the jury on the cues
ti1n of negligence OF the defendant
Emerson. from Cherokee. Error.
Appeal from Judgment setting aside
an order of arrest and relieving the
bail. The original action was insti-
tutea to recover plaintiffs share of
profits from the sale of certain options
obtained bv plaintiff md taken in de-
fendants name and an agreement that
the later would advance expenses. sell
the options and share the proceeds
with the plaintiff. 1t was alleged that
defendant sold the options for $4,000
frauduIently concealing the facts from
the plaintiff to whom he paid s250
under false representations as to the
disposition of the options and took
therefor plaintiffs receipt in full. on
the hearing the Judge below found the
fac set forth in the plaintiffs affi-
davit to be true and held. as mat
ter of law. that on the facts there
was no right shown o arrest the de-
. fendant
Held: l. When partnership has
terminated and nothing remains tn
be done but to pay over an amount
due from one to the other upon a
reckoning as to one or several special
items or where the partnership was
for one special purpose or single ven
ture which has been closed. the rule