Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1911-01-27
CIRCUIT COURT

| ~ winch no order has yet been record
ed. This case involved the question
IS to whether a Judgment entered in
the clerks office by confession upon
what Is known as Judgment notes
ago the A. Is, Farquhar & Co, Of York.
Pa, sold Messrs. Defiaven steam en-
sine outfit and had rs a judgment
note, which on It's face authorizes the
holders or any agent or attorney TO ap-
pear in the office of clerk of court
OF record and confess judgement. Snch
a proceeding was had In the office Of
the Clerk of the Circuit Court OF this
county and execution was issued on
the Judgment and property OF the de-
PENDANTS levied on to satisfy the exc
cution. The DeIIavens sought to have
tiiat the laws OF West Virginia do not
recognize judgement note, and that
the Judgment thereon rendered was in
| valid.
The matter was submitted to Judge
Faulkner and argued by Martin a Sell
bert attorneys for the Faruuhar Co.
and by Noll and Boyd for the defend
arts.
The decision of the court held this
particular transaction as valid, and
the defendants, it is understood, will
carry the case TO the Court OF APP
] peals.
/ The Baltimore & Ohio Railroad Com
rany has filed at the present term OF
the Circuit Court petitien against Ira
w Houck and George w. Houck, jr,.
for condemnation of part Of their
lands near the Opequon pumping STA
ton for the purpose OF laying addition
al track and other Improvements. /"
The last two words caused a spirited
argument between the attorneys in the
case. 1t is contended on the part of
the railroad company that the words
"other improvements mean the 1ec-
essary grading. etc, for the purpose OF
laying such additional tracks as may
be necessary, while the attorneys for
the Houcks claim that the exact use
for which petitioners desire 70 take
additional land Is not mentioned In
the petition. Having heard the argu-
;nents OF counsel Judge Faulkner sus-
tanned the demurrer made by the
Houcks and the plaintiff took leave to
file an amended petition.
The railroad Is represented by
Faulkner. Walker & Woods. and A. n.
Noll and Charles e. Williams repre-
sent the defndants.
Giovanni Ronnzio, well known in
Martinsburg and at present associated
with Fruit Dealer o. Ferrari, was this
morning, in the Circuit Coure, admit
ed as citizen of the United States.
His witnesses were Samuel r. Pickett
and Louis Botti. W. T. Shockley, spe-
cial naturalization agent Of the United
States and connected with the U. g..
appeared on behalf of the government
and conducted the examination of wit
nessese and the proceedings In court.
The applicant was asked numerous
questions as to the form OF our gov
ernme1t, and as to his reason for
|
which were satisfactorily answered.
The cases of Joseph Mundey against
T. T. Lemen and w. E. Minghipi, and
George T. Grimes against J. P. Kline,
both Of which are before the court on
motions for new trials, have been set
for final argument on next Monday, at
which time Judge Faulkner will give
the various attorneys interested the
whole of said day for argument.
The cases of the State of West Vir-
ginia against Clifton Mundey and Earl
Mundey were continued until the April
term, both parties having given bond
for their appearance on the first day
CT that term.
Charles e. Brandt, special officer
Of the Blair Limestone Company, was
| granted license to carry a revolver
and gave bond in open court in the
penalty of $500.
The following DEGREES in chancery
causes were ordered to be entered by
| the court:
| Gray Silver VS.. w. H. Chenowith;
order filing demurrers, overruling the
same, a1d giving the defendant thir-
| ty days within which to file bis an
swer to the bill of complaint.
| Baltimore &c Ohio Railroad Co. vs..
Ira Houch and George w. Houch, jr.;
order filing amended petition Of the
plaintiff, entering and overrul'ng de-
murrer to the same and making up
the issue on the same.
George P. Schmitt, etc, VS.. Ernest
D. Schmitt and Others; decree con-
! frming report of bonded special COM
missioner, directing deed to be made
| to the purchaser of the real estate and
making distribution in hands Of said
commissioner.
Eliza B. Snyder VS.. Abram Snyder;
order filing the answer Of the cefe1d-
ant and making issue thereon.