The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-16
SUPREME COURT
OPINIONS FILED
Still No Word From Sa-
loon Mandamus.
REGISTRATION ROLL
In StatesviIIe Case, it is Held That
Constitutional Provision for Perma.
nent Roll Applies Only to Educa-
tionaI Qualification. State vs..
H0rner Affirmed.

a number of opinions. the most inter-
esting of which was perhaps the de-
termination of the status of persons
registered on the permanent rolf IL
the various counties in conformity
with the constitutional Amendment,
the court holding that such registra-
tion relates only 10 the educational
qualification and not a permanent
registration carrying the right to vote.
The case of State VS.. Horner. where
the defendant while resisting arrest,
shot and killed a deputy sheriff, was
decided adversely to the defendant
the appellant. who must now serve
term in the penitentiary for murder
lin the second degree
There was a disappointment at the
failure of the court to decide the
cases of Gattis US. Kilgo or Pace vs..
City of Raleigh. tthe Saloon Man
damuS.)
Digests follow:
,. G. Wright vs.. j. +. Cotton. appel
Iant. from Stanley Affirmed.
Action for the recovery of S3.0U9
alleged to have been paid 10 the de-
PENDANT 10y c. l.. Cotton. his sen and
a bankrupt, TO hinder delay and Dc
fraud his creditors. such payment be-
ing alleged to have been made to the
defendant with knowledge on the part
of The latter of the bankruptcy OF his
son and within four months OF Such
bankruptcy and by way of preteren =
over other creditors. There was eN'-
dence tending to show shat the de-
PENDANT had been for some time the
financial agent of his father i'll charge
of all the latterS affaI"S and that the
payment of the money tic the latter
Yves in effect u payment by the bank
rupt la himself as agent. The serious
exceptions of the appellant We're di-
rected to the issues and the charge of
the judge as to burden of proof.
Held: l. Issues arise upon the pl' d
ings and not upon evidential facts all
that is requisite being that TIL" court
shall submit ISSUES in such form as
when decided either way they may he
the basis of its judgment.
= Where preference is defined by
the bankrupt act to consist in the pay
ment by debtor to one creditor of
greater percentage of his debt than
he is able TO pay TO all other ere doors
of the same class With the penalty
that if such preference has been nude
and the person receiving ii or rs
agent had reasonable cause to believe
that a preference was intended Inc
same is voidable and may he recoV-
cred by the trustee it is not necessary
for the plaintiff to show :, fraudulent
intent on the part of the person re-
ceiving the preference or that he dld
not give therefor Il present far con-
Sideration.
,. Where there is evidence tending
To show: LIST, that the transferof is M
solvent; md, that the creditor oo-
tanned a larger percentage OF his DEBT
than others in his class; 5rd, that the
preference was given within months,
of petition in bankruptcy anu. TN,
that there was reasonable cause on
the part of the creditor TO believe that
a preference was intended, the court
would be justified in charging the Jury
on the whole evidence that if in any
reasonable view it be found II be true
the plaintiff would be entitled To re-
cover the amount of such preferen =.
Alexander Kcarns, appellant. vs.. SOath
ern Railway Company. from DaIid-
son. Affirmed.
Action for damages for alleged per-
sonal injury resulting from defend
ants negligence. The plaintiff was
non-suited and Appealed.
l. Evidence has a tWO-fold Stif-
cheney in law and in fact, the court
being the exclusive judge of the one
and the Jury of the other and where
the evidence fails to directly or by rat"
ional deduction establish the questions
of fact involved in the issue 1t rs inc
duty of the court - instruct acoio-
lnSlN, the jury In SUCH eases nav i'S
Go duty to perform.
> Where the testimony showed that
plaintiff was injured by reason OF ms
horse backing his wagon into "a moV-
ing train which was occupying the
crossing which plaintiff had just
cleared. even if the train had been
brought to stop before the wagon
struck the train and a failure TO so
stop was negligence the fact that
plaintiff was thrown between the
shafts and injured was not evidence
sufficient TO establish that negligence
of defendant was the proXlnate
cause of the injury, even if negligence
he conceded.
w \. Mills vs. BiscOe Lumber Co..
Appellant. from Montgomery. NO
Error
Code, Section 1872. authorizing the
clerk or judge TO require a party To
produce books or papers containing
evidence relating TO the merits of the
action, contains no authority for an
order requiring such party TO De
post the papers, the intent of the
statute being simply to give TO the
adverse party opportunity for inspec-
ton or TO take copies
David Biles. Appellant. VS.. ). \. Il.
Railway from Arson. New Trial.
Action for damages for personal in
jury by reason of alleged negligence