The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-03-07
Agreement Not Binding
Says the Supreme Court
When Person Signs Contract
under Duress, State Courts
Will Give Relief

CHARLESTON, Mar. g. That a per-
son unl-wfully inprisonel. Who Isl
induced by his prosecutor, or his
agent, to sign written agreement
not to sue for damages, in order to
obtain his liberty, is not bound there
by, and that In an action for mallc-
ious prosecution he may prove that
he signed such paper under quress
Notwithstanding he put 1t in evidence
himself for the purpose Of proving 9
termination OF the ecution, NJ as
declared this week by the supreme
court Of appeals in reversing an or
county in the case of q Lyon.
against the Davy-P cahontas Coal
Company. 81
nil erS IN the employ Of the Davy--
Pocahontas Coal Company received a
verdict for SO, 500 against theScompany
in an action for malicious prosecu-
ton and I. on motion Of the defendants.
the court set it aside and granted.
them new. tlial. On this writ of err
ror Lyon appealed to the supreme.
court. seeking to have this order Of
the Mcdowell, circuit court reversed.
This the supreme court did and rein
stated the Yerdict and entered 1udg=
ment as fixed by he ju lys.s
In November, 9f3, according to
the evidence, Lyon was in the employ
of tile coal company. as a miner and
occupied one sof its houses The he de de-
PENDANT, il. II. Grad n uperinte lent
Welch. Decendber s, 1913, and told
him that the company wanted the,
house he was occupying, and asked
him Nv hen he tended giving it UP: @
Lyon replied that he was ready to.
give, its4up at any time, and Grady
said they wanted M sri gflts N W.'''
+ Lyon testified that Grady was
angry and said to him, 7YTou and u
are going to run together, and we
are going TO have trouble: am go
IN e. to tix you and ii am going TO fix
you proper. too. n sas s4
About thirty minutes after that
conversation Lyon was arrested on.Sa
Warrant issued by "a. q Hufford. JUS
Htice OF the peace, on COMPLAINT.
made by Nv a.. Burre1l |, deputy sheriff
s.of Mcdowell county, and in the en-
hp1oy Of the Baldwin-Felts detective
agency The warrant charged him with
unlawful trespass on the personal
iproperty of the coal company. s
Lyon was arres ted but inst lead OF
being taken before the justice of the
peace for a preliminary hearing he
was delivered TO the keeper of the
county jail and was confined there
isuntil December &c, when he was re-
leased upon igning q paper in hich
lhespromised !. In orde ITO gain his free
dom from further pros ton for
s5trespass. that he would not only va
cate the house. but further agree not
Ito bring any suit by way Of damage
or otherwise for his arrest.
/ Later, however, he brought suit for
NAL ciousj prosecute ion and the jury.
gave him the verdic of S.. SOC, hichs
the supreme court now holds to ske:
proper The opinion in the case was
written BY .Jlid gef Wi llians. ssasS
Other cases decided by the court
were Grass against8D eve nprnent Conf
tpany, from Lewis county; reversed,
verdict ser aside and new trial award.
ed. opinion by Judge Lynch II Board OF
Education against Angel. from Nc;
Dowell county, indgme nt of the lower
court affirmed, opinion by Judge aIiI-
Eler;; Jarrell against Laurel Coal and
Land Company rom Boone county,
affirm ed !, opinion by Judge robinson.
@ SEED OATS.
The oh DIGEST qual lily can be, had at
Chris Iyers ICED CO.
HEA NOE RTERS
kinds lsoiil try as and
the
si4sSSSsa Nj