The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-03-02
ONE WRIT IN FIVE
GRANTED BY COURT
PETITIONS IN FoUR APPEALED
CASES REFUSED ny SUPREME
TRIBUNAL or VIRGINIA.
TO HEAR HUGHES CASE
JUDGE WILL NOT REVIEW CASE IN
voLvING AMHERsT's MAYOR
ASD>CouxCILMEN AND III.
COLEMAN LOVING.

The Supreme Court of Appeals OF
Virginia on THURSDAY granted one
writ of error and refused four. among
the latter being the case Of the town
of Amherst VS.. III. Coleman Loving,
in which Loving as petitioner sets
forth his grievance against Judg-
ment of the Circuit Court of Amherst,
entered at the December term.
Loving declares that the mayor of
Amherst and the nine members of
the council passed an ordinance which
he claims to be unconstitutional. He
sets forth that the mayor and council
men took oath of office on June %.
1910. and that on July 10 OF the same
year they enacted ordinances, includ-
ing one concerning a tobacco license.
For selling tobacco without a IL
cense and thereby violating the So
called ordinance, Loving states he was
fined $40 by the mayor, The petition
er took an appeal to the Circuit Court,
which entered Judgment against him.
Loving declares the council and
mayor were without authority to en-
ter their duties and pass ordinances
on July 10 because they had failed to
file statement OF all the money spent
In their election as provided by stat
ute.
~ "Eaht WITT OF Error.
! A writ. of error was granted in the
case of John Il. Hughes against Nj.
p. Burrell, of Warrenton, y. c,
ihghes represents he was aggrieved
by judgment of the Corporation
Court of Danville In an action agaIns,
him by Burrell to recover s2.57O.5O
which Burwell alleged that Hughes
had agreed to pay for an open ac-
! count which Burwell claimed to have
aaginst Swain and Wyllie, dealers in
! leaf tobacco at Danville, which firm
had recently made an assignment for
/ the benefit of its creditors.
The appeal of ". II Carter and
| w. d. Carter. who were Mggrieved b,
decree of the Circuit Court of Giles
! county on March ., 1910, In a chan.
Gerry suit In which the Carriers were
| complainants and NJ. W. Jones de.
! PENDANT was refused. The case in.
| wolves the Green Valley farm nes,
| Egglestons, In Giles county, which
the carriers purchased from Jones' ft,
I $4,000.
FOLLOWING the alleged discovery oi
encumbrances on the property after
| the sale, the laid was placed in the
hands of A. II. woodward. trustes
who, 1t Is stated later advertised tn,
property for sale.
The Carriers obtained an injunction
preventing the sale and the court an
pointed commissioner to investiRat.
the case. After the report of tn,
| com missioner was made the court
| dissolved the injunction.
/ Apprentice Refused Divorce.
The Supreme Court also refused ,
writ of error in the case of Iohi
Thomas Milstead against Lillian Lyor
| Milstead. Milstead. In his petition
states he is plumbers apprentice a
salary of SIS a week.
He stated he married Lillian Lyor
Miistead on May IS. 1910. while un
der arrest on serious charge pre-
Terred by the woman. After tn,
ceremony Milstead declares he learn
ed facts concerning his wife's prevt
Gus life which led him to institut,
SUIT for divorce on November Z, 1910
The suit was dismissed by a deere.
of the Circuit Court of Loudoun conn
~ on January 4, 1911, thereby caus
ing the petitioner grievance.
Floyd Nichols was refused a new
trial on charge of housebreak kin,
with intent to commit larceny. Nick
OILS In his petition states he. was az
grieved by Judgment of the Circuit
Court of Roanoke county on Januar,
10, 1911, upon an indictment charsin,
him with housebreaking.