The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-17

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which are broad enough to embrace q
this a court or Judge may upon the Pc
tltion Of the Acknowledgement or Com
monwenltli's Attorney, at tho relation OF
any person interested, award u writ OF
quo warranto against the corporation;
while It Is provided In the chm pter Of the
Code relating to thc4 State Corporation
Commission that the State alone may
proceed by writ of quo warrnnto against
an internal Improvement company IL Its
works be not commenced and completed
within the time Hpl escrlbed by law
Matter Of Jurisdiction.
1t IS first decidedly that though this
question was not raised In the trial court
It may be relied on III the Supreme
Court, as It relates to the Jurisdiction
Of the trial court. and may not only be
raised for the first time In the appellate
court, but where 1t appears that the trial
court did not have Jurisdiction the ap-
peilatc court may OF Its own motion take
notice OF that fact. .
Passing, then. to the construction OF
the conflicting provisions, 1t is held that
the special provision contained In the
chapter relating to the Corporation Com
mission should be construed as linlita-
ton upon or an exception 70 the general a
provisions contained In sectlo ns H5ozzZ 2VzS W.,
3U24 and 11c5e, cl. 80 of tho Code; and
that as under this construction the State
alone had authority to lnstituls the pro-
cecdings in this case, the Corporation
Court of Bristol had no Jurisdiction, to
award the writ of quo warranto upon the
petition Of private persons. as were the
REALTORS
Another Railroad Case.
In another case, In which the South
ana Western Railway Company was COM
plainant, the decision was against that
company
Tho virginia. and Southeastern Railway
! Company was sought to be enjoined by
the South and Western Railway Com
! pany from entering upon the property
OF the latter company and from max
ing or attempting to make surveys ana
locations for a railroad thereon, and cs-
peclally from lnstituting and prosccut-
ing condemnation proceedings agulnst
strip of land &C feet in width, extending
from near Cllnchport, in Scott county, TO
near st. Paul, in Wise county, upon
which the railroad OF the South and
Western was in process of construction.
Upon the appeal from the decree OF
the Circuit Court of Wise county, dis
solving the temporary Injunction granted
and Diminishing on demurrer tho bill
OF the South and Western Company,
Judge White, handing down the opn-
ion of the Supreme Court allirms the
lower court. holding that the bill does
not present u case for injunctvc relief
on the theory that lrreparnble damage
will result from the acts complained
| Of, the facts and circumstances constl-
| tutlng the alleged grievance not being
! sppcflcally set out therein MS tho rule
| requires; that every question raised by
| the bill touching the right Of the vir-
ginia and Southeastern Railway Company
to condemn any part Of the land in
| controversy can be determined In the
condemnation proceedings; ana that the
/ South and Western, having an adequate
remedy at law. 1t follows that bill
for injunction does not lc The court
| refuses to consider the objection made
that tho Virginia and Southeastern had
not complied with the provision of the
| Code requiring It to obtain permission
from the State Corporation Commission
! to coudcmn the property, because such
n-compance was not charged in the
! bill.
On Fire Insurance.
In Prudential Fire Insurance Company
w. Alley, from the Circuit Court OF
Wise county, opinion by Judge Buchanan
among other questions raised and passed
upon Is that In which the Iron Safe
| Df IN In NIL rv "a