The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-02
T EDE: RAIL COURT
. BEGINS NEW TERM
Opinions Handed Down on Open.
ing Day in Many Important
Cases.

The United States Circuit Court OF
Appeals for the Fourth Circuit con-
vened for the February term at noon
yesterday, the opening being deferred
until . o'clock on account of the GER
emonies Sincidcnt to the Inauguration
OF Governor Mann. The following
judges were in attendancc: Circuit
Judges Cor and Pritchard and District
Judges Dayton and Waddill. District
Judge Boyd arrived in the city last
night and viii sit during the remain
der of the term.
The court announced and handed
down It's opinion in tho following cases:
No. S23-Charles r.. Flint, plaintiff IN
error, vs.. f. c. Coffin and II. NJ. Mac
donald, defendants in error: in error
to the Circuit Court at Asheville. n. G.
Reversed, with costs.
No. s24-Namyo Bessho, appellant. vs..
United States. appellee; appeal from
District Court at Norfolk. Va. opin-
ion by Judge Golf. Affirmed.
No 9Gs-John Bakhaus and Emma
Eakhaus. his wife, plaintiffs In error,
VS. Germania Fire Insurance Company,
defendant in error; in error to the
Circuit Court at Baltimore, Md. opin-
ion by Judge Brawley. Affirmed, with
costs.
| No. s1s-The United States, appel
liant. vs.. the knowlton Danderine Com
| pany, claimant of sixty-five casks of
LIQUID extracts, appellee; appeal from
the District Court at Phillippi, w. Va.
Opinion BY Judge Gon. Affirmed.
| No. 9S3-United States. plaintiff in
| error. VIZ Kelly w. Sisk. Henry II. Reid
and John Moreheld defendants in error;
In error to the Circuit Court at Green's
boro, n. C. Opinion by Judge Pritch-
ard. Reversed, Judge Goff dissenting.
Case In Call To-Day.
Powhatan Coal and Coke Company,
| appellant, VS.. Norfolk and Western
Railway Company, appellee; from the
| Circuit Court of the Western District
of Virginia, at Lynchburg. Opinion by
| Judge Mcdowell. Case to be argued
| by Arthur b. Hayes. of Washington. d.
| c.. and Chapman g. Gillespie. of Taze-
we'll, Va, for the appellants and Luz
| Glen H., Cooke. of Roanoke; j. ii. Holt,
of Huntington, W. Va, and j. j. Doran
| and Thomas w. Reath, Of Philadelphia,
| for the appellees.
A motion to amend the decree en-
tered in the case OF the West Virginia
Pulp and Paper Company and the West
! Virginia Spruce Lumber Company. APP
pellants, VS.. Mary Virginia Miller. APP
| pellee, was argued in the Circuit Court
| of Appeals yesterday afternoon ano
submitted. Maynard L. stiles repre-
scented the appellee, and j. w. Davis
and Calvin Chestnut appeared for the
appellants Judges Golf, Pritchard and
!! Waddill heard the motion.
Cannot Collect Insurance.
! The Germania Fire Insurance Com
pany Is not responsible for contrac
of insurance issued to John Bakllau:
| and Emma Rakhnus, his wife, of Bal
| timore. If an opinion handed dowr
in the United States Circuit Court Of
! Appeals yesterday is not reversed O,
!appeal The plaintiffs were insured
| for $4,000, when six frame dwellings,
/, in Baltimore, were destroyed. TIL,
opinion, concurred in by Judges Pritch
ard, Brawlcy and Conner, aftirms TIL
lower court. Alleged misrepresenta
ton Of facts IS the basis Of the ruin,
that the policy is invalid.