The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-01-17
IMPORTANT RULINGS
BY SUPREME COURT
VICTORY ron GOOD ROADS ADyo-
Gates IN sPoTsYLvANIA
OPINION.
TAX LIABILITY CASE
POWER COMPANY MUST PAY CITY
ANOTHER si5,oOo--BIG BATCH
OF OPINIONS HANDED
DOWN.
TAX LIABILITY CASE

! Yesterday was the first opinion day
| of the January term of the State Su-
t prerue Court Of Appeals and big
! batch Of decisions vas handed down
! by the tribunal several Of them be-
| ing OF general interest
| In an opinion by Judge Cardwell
| Affirming the verdict of the lower
| court in the case of Polglaise VS.. thu
Commonwealth, from Spotsylvania,
! the question Of the right of county
/ supervisors to fix the kind of tire
| that shall be used on wagons is for
| ever settled. Polglaise refused to
| obey the rules of the supervisors TO
| use wide tires on his wagon, and
| took the case to the Circuit court of
/ Spotsylvania. This court found a YER
dict against him, deciding that the
| supervisors had. the right to fix the
width of tire that could be used, and
In losing his case yesterday the sup
ervtsors win a victory OF far-reachfng
importance and interest to counties
and good roass advocates alike.
FOX Liability Case.
Another decision of interest was by
Judge Buchanan in the case Of Com
| uionwealth ct ais. VS.. Schmelz sur
wing partner, in which the judg-
ment is reversed in part The case
@1Ah% w ITE 1ITCllL court OF
Elizabeth City county, and involves
the right OF the State and city TO tax
banking capital employed in business
elsewhere than at the place OF resi-
dence Of the owner
Judge James Keith reversed the
Circuit court Of Richmond in the tax
/ Liability case, entitled Saville VS.. Wiz
GINA Railway and Power company,
whereby the city Golfers will be en-
riched to the extent OF $4,000. The
! case came about over the recording
OF deed OF trust by the power com
pany covering a bond issue of SIS
| 100000. The fee of 5000 was paid
| Later on the power company filed
another deed securing the same bond
issue. but TO include more recently
added property. and Clerk Ssvlile de-
/ manded another fee The company
! took the case 10 the Circuit court
, and won. but the Supreme court now
reverses that ruling. saying the COM
pany must pay the fee
+ Big Batch af Opinions
Other opinions handed down yes
terday follow:
By James Keith, President
southall ~. Evans. Corporation
court OF city OF Danvilie Affirmed
C1ayvihs Manufacturing company
ct ais vs.. Southern Railway com
panv. State corporation commission
Affirmed
HOLIDAY vs. Kane Circuit court u
York county. Judgment affirmed.
The Water Front Goal pany,
Incorporated. vs. Sm,,haeld Mari,
Clay and Transportation company.
Circuit court of Isle Of Eighe county.
I Judgment reversed
savilie. clerk, VS. Virginia Railway
A.
OF city of Richmond. Judgment re-
/ versed
/ BY Judge r. Fl Cardweil
I Poiglatse vs. Commonwealth. Cir
( cult court OF Spotsylvauia .ounty.
/ Judgment affirmed.
! Carter ct al 20. Thorp. Circuit
| court OF Southampton county. uecree
/ affirmed.
| Jeter VS.. vinton- Roanoke Water
| company. Circuit court of Bedford
/ county. Judgment afffarmed. Judges
! Buchanan and white dissenting
I BY Judge John A. Buchanan:
! Prince William county. Writ dis
! missed
+ Moore We. Harrison. Circuit court
/ Of New Kent county. Writ dismissed.
Hogg VI. Shield. Circuit court OF
| York county, DEGREES affirmed.
| Commonwealth et ais. VS.. ScLnelx.
surviving partner. &c Circuit court
| CT Elizabeth Ci;y county. Judgment
| reversed in part.
! City Of Dsnville VS.. Danville Rail-
way ard Electric company. Corpora
| ton court OF city OF Dsnviile. .rudS-
| nent reversed.
! Royenton VS.. Common wealth. Ctr
| cult court OF Fauqu!er county. Judg-
! nent reversed.
! BY Judge George NJ Harrison:
Motley's administrator, sc. va
/ Carstairs Mccall & Co. Circuit court
OF Pittsylvanta county. Decree az
! armed
Eason vs- Lyons ct ais. Circuit court
I or Norfolk county. DEGREES firm I'd.
Norfolk and Western railway com
pany Ell al. VS.. Interstate abroad
company State corporation comis-
sion. order affirmed
Leweiling ct ais vs. Lcweiling. Cir
cult court of Elizabeth City county,
Decree affirmed.
Mitchell We Williams. Circuit court
Of Culpeper county. Judgment re-
versed.
Norfolk and western railway COM
pany vs. Golfer Corporation court Of
city OF Radford Judgment re-
versed.
BY Judge Stafford G.. whittle
~ eomnaan@s2ith rs wtiifot'd ct Ia
Circuit court of city of Norfolk rs~
cree afirmed.
Chambers va city Of Roan"Sc. Cor
poration court OF city of Roanoke
Judgment affirmed.
Norfolk and Portsmouth fraction
company vs.. city OF Norfolk Court
OF Law and Chancery OF city OF Nor
folk Judgment afirmed.
Virginia Railway and Power COM
psny VS.. johnson. Law and Equity
court of city OF Richmond. Judg-
ment reversed.
Roach vs. Southern railway COM
pany. Circuit court OF Pittyivania
county. Judgment reversed.
c. c. Smoot & Sons CO.. incorporat-
ed. VS.. Johnson. Circuit court Of Rap
pahannock county. Judgment re-
versed.
Petitions For Appeals, Etc.
Gayle & Eason VS.. Commonwealth.
Circuit court of city OF Suffolk Writ
of error and supersedeas. Bond, 5000.
Davis VS.. Cole ct ais. Circuit court
OF Russell county. Writ OF error and
supersedeas. Bond. $1,000.
Peek VS.. Hampton. Circuit court
of Elisabeth City county. Writ OF
error. Bond, $500.
City OF Richmond VS.. Chatfin Cir
cuft court Of Henrico AppeaI and