The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-17
SUIT SUFFERS BY
DELAYED SERVICE
Annexation Proceedings Post
poncd, Because Defendants Re
ccivcd Notices Too Late.
CASE COMES UP ON JUNE |
City Representatives Make Com
promise, Which Will Cut Down
Delay by Several Months.

Through tho failure of the Icnrico
shcrim's Office to promptly serve no
tees on some OF tho defendants, the
annexation suit instituted by the city
of Richmond against 1IcnriCo and
Chesterfield Counties was set back
more than two months when called
yesterday morning in tho l1cnrico Cir
cult Court by Judge y. y. Campbell.
who WAS designated to hear IL. l;y
consent Of both sides, the case will
come up on Juno l. The compromise
was the best that could bo made UNI
der the circumstances, for otherwise
the whole matter would lave been viz
tually dead, and il would have been
necessary TO start again from the be-
ginning.
Representatives OF tho city were
taken completely by surprise when
Sutton. Jr OF lfenrico County. asked
that tho motion instituted by the city
be dismissed. on the ground that some
OF the defendants had only received
twenty days notice, when tho auncXa-
ton law specifically stated that thirty
days were required. As the papers
had been filed in court in ample time.
City Attorney Henry r. Pollard was
dumbfoundcd by tho Development He
testified that he had given tho notices
10 Clerk samuel /. Waddul on Dcccm-
Der u. ana in this ne was verified y,
Mr.. Waddill.
When called to the stand, Sheriff /.
II. Kemp acknowledged receiving the
notices, which, he said, had been turn
ed over by him 20 Deputy Sheriff w
w. Sydnor for service. Some were
, served Immediately, but those on the
members of tho Board OF Supervisors
were held By Deputy sheriff S;yduor
until the board met on January c.
which was ten days late. All notices
on the Chesterfield County defendants
were promptly served. and there was
no complaint from that quarter.
Rules Service WINS !uproper.
Judge Campbell called court 10 or
der promptly at 10 O'Clock, and an
nounccd that he was ready 10 consider
Il motion TO declare certain territory
in iicnrico and Chesterfield Counties n
part OF the city of Richmond Air
ton he dismissed, ON the ground Of
improper service. Some argument fol-
lowed by those favorinG annexation.
but the court decided that the point
was we'll taken.
A conference was held and It was
decided 10 rivc the annexation oppon-
cnts tho delay which they sought.
iapers were drawn up, and, both sides
having agreed TO June 1 for the hear
| ing. Judge Campbell set il for that
date.
There Is no idea on tho part of tho
city's representatives that the service
was Intentionally delayed. but II is
believed TO have been due to ,niscon-
ception. Mr.. Sydnor. who had the
papers, believed that no could wait
until The board met. but he had not
counted upon the provision for service
laid down in the arneNation law. The
latest dag upon which he could have
served the natives was December -.
which was ten days after the CITY At
torney HAD hled them with Clerk
Waddill
City Attorney Pollard and George L.
Mise appeared for the city. and Com
mon"calih's Attorney Frank r. sutton.
Jrr OF iicnrico County, ana Common
Wcaith's Attorney ilaskins lIobson, of
Chesterfield County. were assisted by
II. NJ Smith, .r.