The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-10
FARMER APPEAL
REFUSED BY COUR I.
Has No Ground for Lcgal
Action Against Governor
Mann.
CLAIMED BREACH OF FAITH
Petition Charged Judge Mann
With Representing Both
Parties to Suit,

In refusing to grant writ of error
asked for by John Fl. Farmer In his
suit against Governor william Hodges
Mann, the Supreme Court of App eals
yesterday disposed finally Of this case
There is probably no way in which
the litigation Gun now DO revived
This action for damages In the sum
of $4,000 was filed in August of last
year by Farmer in the Law and Equity
Court of Richmond. Tho bill charge
that the Governor. by first tuIslng
Farmers case as attorney and later
appearing MS counsel for the opposits
side, had caused his financial ruin.
Farmer wa: engaged In the lumber
business in Nottoway and Prince Ed
ward counties. operating four sawmills.
lie claims that at the time the trouble
began. he had $4,000 worth of property
over and above his Indebtedness.
Marketed Timber.
Farmer alleges that he bought some
timber from Judge Mann and ono
Bradshaw for $4,000, the money being
advanced BY the Akcrs Lumber Com
pany, OF Lynchburg Tho latter con.
Germ agreed to pay Farmer SO per i, 900
rect from the product loaded at Grove.
OF which $3.50 was to be paid in cash,
on the $4,000 loan. This arrangcmetlt
continued for some time, until q dis
pute arose between Farmer and Akcrs
over the quality OF title lumber. and
also over the amount paid olf-the loan
Akers. Farmer says, would not MAKO
the romittances according to contract
In this dilemma, said the PLAINTIFF,
he consulted Judge Mann, then prac-
ticlng attorney at Nottoway.. The at.
torncy advised Farmer to stop ship.
ping lumber. and the latter said that
IL he took this advice Akers would
probably sue him. Thcrclipon. he saws.
Judge Mann promised to represent hin,
In whatever might como from mis- ad ;
vice. NM.
Attorney for Other Side.
Farmer stopped his shipments ana,
nc says, was surprised to be served
with an Injunction forbldding his sell :
Ing any of the product from the land
involved except to Akera. Judge
Mann had secured this Injunction. or
at least. his namc appeared as at.
torney for the Akers Lumber COMPANY
Farmer says lie was unable to get his
usual credit as result of this injunc-
tion, could not market his goods from
MS other mills In time TO save him.
and was forced to discharge his men.
close down his operations and dispose
OF his property. The result was ho
says, his utter ruin. His claim against
Judge Mann was that the latter co,l,d
II he remained his attorney, have rlyon
him knowledge of the contemplated
proceedings and Alsers could have
protected himself.
The attorneys for Judge Mann replied
TO the effect that tho declaration was
not sufficient In law. Tho point was
made that the only money for which,
Judge Mann could be held liable was
the SIS paid him by Alkers at the tim.
of the conference referred, and OF this
amount the Law and Equity Court ha d
no jurisdiction, Further 1t was ar
gued. In order TO secure damages it
would be necessary for Farmer to
prove that he could have gotten no
other lawyer who could have convinced
the court that his contention as agains,
Akers was correct.
Case D!=Tit5scf.
The Law and Equity Court sustain
cd the demurrer and dismissed the
case. whereupon w. L. Royal, i3as at
torney for Farmer, took an appca,
without result
AZ the time the suit was filed Gov
ernor Mann made a statement TO Tho
effect that he was consulted bv Farm
er, advised him and was paid So for
this transactions Later. forgetting the
matter, he was employed by the Nkers
Lumber Company Upon being remind :
cd OF his talk with Farmer he al once
withdrew from the case as attorney
for Akcrs. and had nothing further IN
do with It.