The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-08

Of Some Appeal Cases Recent
~ Decided BY the State
Supreme Court.

syllabusss Of cases recently de-
cided by the state supreme court are
Now. 1905. Franklin end Ponto
vs. Brown, wardent, etc In haneas
corpus. Writ refused President
Miller. Syllabus.
!. Section II. chapter IA, Code
of 1913, serial section , 1863, pre-
scribing robbery. is not void,
contravening section 3, article 3, oi
the constitution, providing against
cruel and unusual punishment,
and that penalties shall be proper
toned to the character and degree
OF the offense.
. Nor is a judgment of impris-
onment for life on conviction of rob
berry under, said section ~, chapter
ia, of the Code, void as in violation
of said provision Of tine constitution,
emitting the accused TO discharge
on rnabeas corpus.
No. 226S. WoodfoTd vs.. McDan-
iels. Randolph county, Judgment
affirmed Judge Lynch. Syllabus,
L. A cause of action ex dehcto
whic labated by death and did not
survive, at common law to or
against the personal representative,
does not survive by virtue of section
2, chapter 127. code Of 1913.
2 Section 2, chap%r z3SZ, code,
prescribes only the moue OF proceed
ures for the revival of action which,
at common law or by virtue OF other
statutory provision. survive TO or
against the personal representative.
1t does not create a new cause or
give a new right of action which dld
not exist before
8. Section 90, chapter So, code,
does not authorize recovery of tndl-
racl or consequential damages re-
sulting from the wrong use OF Ju-
dietary proceedings, wTereby the per
son injured was deprived merely OF
the use and benefit of property pend
ing a suit subsequently dismissed
on appeaI for want of Jurisdiction.
4. A cause of action for malicious
prosecution does not, under the COM
mon law or by statute, survive
against the personal representative,
unless as a result thereof properly
is required by tne wrong way wh.ch
enures to his benefit or ENHANCES the
value OF the estate in the hands OF
his personal Representative.
No. 2299. Marshall ct al vs.
O'Brien ct al. Hancock county
Judgment affirmed. Judge Lynch.
Syllabus.
a case for jury determination up
on conflicting evidence. and not re-
quiring the statement OF any new le-
gal princ.p1
No. 1865. Calvert vs.. MURPHY. ct
ais. Wetzel county. Decree afilrm-
ed President Miller. Syllabus
i. A deed by a married woman,
her husband not joining therein,
purporting to convey her sole and
Separate estate In land, is neverthe-
less color of title, by which an al
verse possession Hereunder for ten
wears and payment or taxes, the
grantee may acquire absolute title'
working a dissciztn OF her estate IN
the land.
2 Where a married woman ras
been SO disscized of her separate es-
tate in land in her life time, her
husband, as tenant by the eurtesy.
though at the time of her conveyance
and subsequently and until after her
death under the disability of insanl-
ty. cannot within I'VE years atter,
disability recover from the par
chaser. or his successors, IN title
possession of such land, for the stat
ute of Limitation having run against
her in ner life time, dissezing her
she would not, within the meaning
OF section Is, chapter So, code OF
tq13. serial section 1868, die seized
Of an estate OF inheritance IN such
land. so as to entitle him to curteSy
No 26oO. Pfalzgraf IS. County
Court. Wood county. Mandamus
refused. Judge Pohenbarger. syI-
l. Chapter 51 OF the Acts OF
teo5 limiting the Indebtedness or
Counties, cities. school districts and
municipal corporations to two ana
one-half per centum of the assessed
value of the taxable property there
in does not conflict with seton J OF
article 10, of the constitution, and Is
2. Sec. 3 of article 10 OF the con
stitution does not grant to counties
cities. school districts and naunte--
nal corporations the right to incur
inde btedness to the extent Of Ave per
cent Of the assessed value or tne
property therein nor recognize such
right in them as pre-exstent.
g. a county court cannot issue
bonds. payable or redeemable out OF
taxes TO be raised from persons and
property OF a magisterial district, IN
excess OF two and one-haf per cent
az the assessed value Of the taXaoIe
property in such district.
4. Section 25a Of chapter 50 OF the
Acts Of p911, authorizing the ssu-
ance or bonds for road improvement,
does not implicitly reveal the, limi-
tatian imposed by chapter OIL OF the
Acts of 1905.