The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-08
COURT or APrEALs AFFTnMs
JUDGMENT or CAROLINA COURT i.
IN CASE AeAINsT CARLISLE.
MIsAPPLIED DEPOSITS
CONVICTED ON FIVE OF lGs COUNTS
AND Acquitted on OTHERS.
; GOV. BLEAsE APPEARED
FOR HIM.

Slrcht Court OF Appeals Is concernsd
according TO an opinion handed down
yesterday.
He was charged on 1sc counts with
mtsappiication of certain funds de.
posted in the bank, of which he was
the chief executive. On f,ve Of them
county shrdlu cnfwyp ON
the chief executive. On five OF these
counts he was convicted. being ac-
quilted on all OF the remainder. The
case was heard by the District Court
at Charleston, &. c. An appeal was
taken to the Circuit Court of Appeals
on account OF certain errors alleged,
including the charge that after tho
Jury had taken the case an opportunity
VAS given for outsiders to commun.
icate with and influence the jurors.
But the Court of Appeals came to
the conclusion and so announced that
there was nothing in the errors as
signed. ana that the defendant was
given as patient Q hearing and as
fair and impartial trial as any man
con!d ask" Judge Gor wrote the
opinion In this case Governor Cole l..
bleaAe, Of South Carolina, was OF
counsel for Carlisle In the argument
last December before the Court Of
Appeals.
eis judgment Sustained.
Another decision Of the lower court
that was affirmed was that in the
case Of Wylie Permanent Camping
Company, plaintiff in error, VS.. Gall
v. Lynch, defendant In error, In
error to the Circuit Court. at Charles
ton. w. Va, Judge Pritchard pre-
pairing the opinion,
In this case the question Of juris-
diction was raised by the Wylis Fer
manent Company, q corporation char
tered In West Virginia. and doing a
stage coach business In the Yellow
stone Park region, in Wyoming, Mon
tana and Idaho. But the lower court
was sustained In holding that West
Virginia was the proper State for the
corporation TO be sued In, that State
| having granted the charter
Mrs. Lynch, whose residence was In
Ohio. with her husband. was on q
wedding trip In the park region, and
hired one OF the coaches Of the camp
(: ing company. I'm the Journey a wheel
! came of and the young woman had
! several bones broken and WAS other.
wise injured. She brought suit In
West Virginia. The defendant corpor.
/ alton. through some misunderstood.
/ ing. as It claimed, failed to appear
and plead, and Judgment Tor the full
| amount, asked tor by Mrs. Lynch
| $4,000, was given in default. The
corporation commended before the ap
| pellste court that there WAS error Of
| the part II The lower court In not &C
| ceptin~ az satisfactory the expiana
ton OF the failure Of the corporation
to appear and plead. The Court o.
! Appeals held that the various error
assigned were without weight.
| Judge Waddtii Reversed.
! Judge EDMUND Waddill was reversed
In the case OF the Colonial Trus
Company, of Waterbury. Conn, execu
tor OF frank ]. Ludington w. X. 7
/ Thorpe, receiver OF the Ware Krame
Tobacco Company. OF Wilson. n. G
The question involved here was thu
title to cigarette machine. which
Ludington. before his death, sold tn
Ware-Kramer Company As he hal
reC6ived Onay $otv on the purchas
1 price OF the machsne--$7, 500--wher
the are-Kramer Company went int
the hands OF a receiver the execute
Of his estate sued to recover the ma
chine. claiming that under tl.> term
OF the sale title remained with thu
| seller until full payment was made
4 Subsequently, by agreement the ma
chine along with other property wa
sold, and the claim transferred tc
three thousand dollars OF the fund de
| rived from the sale. The referee II
! bankruptcy ruled against the peti
tioner. the trial court affirmed tn
| referee. and the case was then ap
pealed to the Court OF Appeals whicl
construed the agreement OF sale Oh
contained In correspondence to meal
that the seller was TO retain title un
III payment In full had been made
The lower court was accordingly re
vcraed and the case remanded witt
costs. The opinion was by Judg
Pritchard.
4 A Judgment OF $1,000 in favor 0
t w. j Connor obtained In the Ctr
cult Court At Columbia, because o
| alleged negligence on the part OF tn
/ AtIartic Coast Line Railroad Compan.
+ fasnssssss In EetserFs horse bsini
frightened by shifting engine ant
throw Ing him out OF his buggy. wa
affirmed. Opinion by Judge Pritchard
/ The case was appealed on the groun,
that the presiding Judge erred in re
| fusing the defendants motion Tor
4 nOn-suit.
Opinions In other cases were:
| No. 1888. Broad River Lumber Com
pany. appellant. VS.. Katherine Mid
| dleby. wi,sw. ct al. appellses; ap
! peal from the Circuit Court at Creams
i aasru, NJ 9C.r~so Opinion aasy asdsasS mlth
! Modified.
No. i04s, Aetna Insurance Compan,
OF Hartford. Conn.,, pisintin In error
", Bank OF Bruneon, defendant II
! error; IN error to the Circuit Cour
| al charleston, 8. G. Opinion by Judx'
/ Pritchard. Reversed. and demanded
for new trial.
- ot r..