The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1907-04-25

case of the state erTfK3ssThe Kahawha
banking & Trust Cdmbahy VS.. John
j.. Melton. sherif9|fof Kanawha
county coming FbetoSa the Supreme
court ON a writ otssfa6f and super
sedeas granted to HIS Judgment Of.
the circuit court OF 4eakiawha scdifHtv
whereby the said Jjfh Melton was;
compelled to <recefvka payment Tor,
| taxes outstanding 5S1ers issued by;
'he county court oGt4&an awha cdu nty;
prior to the year 1s89aS, with 8he ely
ception, and with the exception of,
three all the orders Were issued tot
| the year 1905. Sttgss 2~ -
The 'Kanawha Rassssssaiis fR :tf-rust
| Company was pfRaeanted by. Attor-,
neys Price and CLAY End w. Err.
Byrtle represented 1.-The sheriff; and,
Captain Avis the eosshsA court of Ka-
nawha county. TheHA 5guments weret
submitted and it is likely decisioni
will be reached befonAsthe eourbsgoes
to Wheeling %s8YS ....,>0 =.
| Upon the outcome .sEGSthele case rests
the disposal Of some s@16O, 600 orr
4 5000, 900 in county assssfs, isame ed : by;
| the county court OF KaS #hR county.
In this suit the .:Kanas Is ban king,
& Trust Company ,fla2ssi To- petition
I alleging that twas ON DR before the
30th day of ,NoVembXs, 1896, the;
owner of a large nu mtSers. Of county
orders issued by the .5hhty court
of KanaWha county, upssn the sheriff
of. said county, and: tha ON the 3Oth
day of NoyembeP. 99kS had IN his
possession taxes. cou nfl and; district
i leyies, against the company.
On that date .county orders stuff cient
to pay the taxes were &Shdered te
the sheriff by the. banking company,
I but he refused to accept them. :. The
/ alternative writ of mAmd&mus was
awarded on. the oetfti0R.&:l, e..
\ Sheriff Melton, throMgh his attor-
neys filed his return toSfhe alterna-
tive writ and the coghhy 7:eouft OF
Kanawha county upon dts petition
asking leave to- inteEEene and be
made a party defendant to said
proceeding was permittadS1ke wise to
file its return. From the gfeturn Of
the defendant It aDDe$Es that there
are and have been for Fears out
standing, unpaid and 4Ee6fhhlating,
funds of former years, atpM aggrega-
ting $4,000 to $2O0sA4g 1t ap-
pears, says the return d1SMelton, on
the face of the record fH8fsif man
damus will lie to compSEEhe sheriff
| to, accept in: payment <SnE taxes the
orders rendered by ,thansak1ng 813d
! trust company, :the iHhgffR " ould
have to accept each of 'thA6td equity
orders aforesaid. aggreE8ttng almost
l$2GO,OO0; and that tfIfg ipg done
1 that practically the ,s3h6te of the
funds coming into k0as of the
sheriff from state, cosfsStd dis
! trict levies win be cofYN ,a by. The
county orders now olttD Ing and
the county orders oER ktep rre en-
year, leaving In, the tf THE
sheriff, nothing, whS3Mtth 10 pay
Estate and school taxeMS9k TO settle
with the districts ORGRf IT. be the
case that the sheriff R8H&ffeady. COZ
Elected the revenues s1 he year
f19O6 and shat this coffNufation will
tnot arise in that year;s1E :fs Hs,1re TO
(arise in the year. / 90 z ttdE,,aB SCOT, as
1T becomes known that 1he. court Of
Hast resort has by asa9andns de1
4 clared that the sherik 8hall ACCEPT
these old orders for t33AHsS.tzlz -,
/ Judge Burdett Of tHg gsEtUit COURT
on the 2Sth day Of BslHhsry after
considering the petition 1S'the blain-
tin and che returns M NE defend
ants was Of the. ,opinidh s1lfat the re
turns we're ttsuficten tSa1P awarded
a peremptofy writ 6f smagd ANUS
compelling sheriir MettpR ITO, receive
the outstanding ordera III .Yayment
4 OF taxes. TRe ,detendagt kgpee1ed
and the decision Of i. bHs 8npr cine
court OF appeals Is aWH5Ha1s ".r