The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-11-28
One Case from the Circuit
Court of,Tffis County is
Remanded by 1t.

Remanded by 1t.
Eight decisions in cases appealed
from the lower courts were announced
this week by the supreme court Of APP
peals, one each from Randolph, Har-
srtson, Braxton, Roane. Monongalia.
Nicholas. Kanawha and Cabell coun-
ties.
In the case OF the Ohio Fuel Oil
Company against Price, from Roane
county. the judgment OF the lower
court was reversed and the Injunction
was reinstated and perpetuated. The
case involved $500 in taxes assessed
BY the county court and board OF
equalization against the oil company
In addition to those assessed against
the company by the state board Of
public works.
The Injunction, originally allowed
and then dissolved by the lower court
and now reinstated by the supreme
court Restraints the sheriff OF Roane
county from collecting the additional
tax. The opinion in the case is by
Judge Lynch. concurred in by Judges
Mason, Williams and Poffenbarger.
Judge Miller dissented.
Sanders against Meredith.
In the case of Sanders against
Meredith and others, from Monongalia
county the judgment Of the lower
court was affirmed; Miller, judge. The
syllabus is As follows:
The quarterly conference OF cir
cult OF the Methodist Episcopal church
West Virginia annual conference,
composed Of a number Of church So
cteties. or ministerial appointments,
Is not authorized by the discipline OF
said church to permit portion Of a
lot previously conveyed to trustees
as parsonage for the use Of the min
ister OF said church serving. such cir
cult, TO be taken and used for church
Z building for the use Of local society
sofssaid church"
Friedman against Craig.
The Judgment Of the circuit court
of Nicholas county was affirmed in
the case Of Friedman against Craig
end others; Williams, Judge. The syl-
labus Is as follows:
Il The Offices Of deputy clerk Of a
county court and notary public are
not incompatible. and the clerks ac-
acknowledgement to tax deed, taken
and certified by a notary public VINO
y also the clerks deputy is valid.
Al tax deed is not void for any
of the following reasons:
(a) Because at the head OF the
page OF the delinquent land book, on
which is the owners name, appear
the printed words, suspended from
sale by the sheriff. when, ON other
pages just preceding 1t, those words
are cancelled, and the words, 'delin-
quent for non-payment of taxes are
written by the clerk in their stead.
OBJ Because the owners name In
the assessment is spelled Joseph
freedman, and in the delinquent list
and tax deed Joseph Freedman, instead
of Joseph Friedman, the correct SPELL
ing Of it.
"(c) Because the estate of the
owner Is not mentioned in the delin-
squent list or in the sales list.
s(d) Because the delinquent list
was allowed by the county court at
9 special term, the notice whereof
contained no reference to the pro-
posed filing thereof by the sheriff.
lei Because the sheriff's affidavit
10 the delinquent list was made on
the same day the county court al
lowed the list.
ll(D Because it does not affirma-
lively appear that the sheriff posted
and published the delinquent list for
two weeks prior to the time of pre-
.senting 1t to the county court for
examination. as required by section 90,
chapter 80, code 1913.
SO Because the sale was made
by the sheriff's deputy. The deputy
sheriff can return land delinquent and
sell same for taxes.
lob Because 1t does not affirma.
lively appear that the sheriff offered
TO sell an interest in town lot be-
tore selling it as whole"
Nuzum against Nuzum.
In the case OF Nuzum against Nu-
yum. from Harrison county, the judg-
ment OF the lower court was reversed
and the case was remanded for q new
trial; Mason, Judge. The syllabus
follows:
Where It is charged in a bill
and amended bill in chancery that
plaintiffs and another were induced.
by persons who are defendants, to
subscribe for shares Of the capital
stock Of corporation to be there
after formed and to pay into bank.