The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-06-27
state Supreme Cou1
Hands. Decisions
JItney Bus Appeal and The VIII
Hanson Charter Case Are
Disposed Of.

HamSon, Cnaftef Ease Are
Disposed Of.
!: CHARLESTON, june ee--The
following are the syIlfbi OF decisions
rendered by the supreme court OF
appeals this week.
R. d. johnson Milling Company
VS.. Read ct ais Randolph county;
reversed In part. affirmed In part
and remarded; Judge Williams
Naming person In the caption OF
the bill as a defendant and serving
him with process. are not alone suf-
fient to constitute such person a
party TO the suit SO as to authorize,
the granting of relief against him.
An ayerment showing his interest in
and relation to. the subject matter
of suit and prayer Tor relief against
hi mas indispensable.
A prayer for general relief does
not warrant the granting of RELIEF
no allegation is made and no special
relief asked
A ludgnent creditors bill to en-
force liens against debtors land, to
which other Henors and debtors wife
are named as defendants. and in.
which The only allegation respecting
tha -ifeis Interest In the suit is, that
some Of the judgments are against
her and her husband Jointly. and
which contains prayer for special
relief against the husband only, and
also prayer for general RELIEF, will
not authorize the granting Of relief
against the wife.
Her fling a so-called answer to-
suih bill. flaming title to some
of the lands averred in the bill to-
be her husbands land. does not sup
ply the lack of proper averment in
the bill. or make the wife a party
against whom relief can be granted.
Such bill is amendable. for the
purpose OF making the debtors wife
a party and attacking coAveyances
made by him to her, either vo1un-,
tary or fraudulent for the purpose OF
hindering. delaying and defraudfngi
his creditors: provided always, such
amendment be made with reasonable
diligence
Delay In making such amendment
for eight years. without excuse
therefor. constitutes laches. and
jujstif1es the court in rejecting It
on demurrer. A court Of equity re-
spends only to conscience. good faith
and reasonable diligence.
The same degree Of diligence Isl
required IN amending a bill so asl
introduce new subject matter. as isl
required IN bringing an original
Section IL. chapter 125. code
1913. does not give plaint1n an ABB
solute right and unlimited time. af-
ter appearance by defendant. tol
amend his bill The right to amend
depends on whether substantial JUS
tfce will be- promoted thereby. q
question which must be determined
by the court The statute does not
preclude the defense OF laches as
bar to the right
The burden is on the wife who
claims land by conveyance from her
insolvent husband. against his cred
itors, to establish by clear and con-
vinctng proof that the land was pur-
chased for her with her own means;
and If the testimony shows that thei
only means she had was money re-
ceived from her mothers estate
twenty-five or thirty years before her
husbands conveyance to her. and
that she turned the money over 10
him, taking no note or Wr1t1n9 eVl-E
dencing the transaction as Aodn
and neither of them keeping an ac-
count thereof. the presumption Isl
that she inferred it as gilt TO MIN.
In the absence OF frauo on ene
mart of the grantee, or mutually OF
mistake by both parties to deed, ~
will not be set aside or altered on
the ground that the grantor was 1g-
norant of its contents
The return of a constable On al
summons issued by justice. IN q
case In which he has jurisdiction OF
the subject matter, stating that ne
executed it by delivering copy
III ereof to the defendant on GER
tain day. is conclusive evidence OF
The omission by a justice, in rem
dertng a, default judgment. to note
In his docket that he waited one
hour after the time set for trial Tor
defendant to appear. does not rem
der the judgment void
The judgment or decree OF a court
of a sister state, having jurisdiction
OF the parties and the subject mat.
ter OF suit. is res judicata as to al
matters determined thereby The
parties are stopped by such hnal
judgment or decree from again i1t1-
eating the same matters In a court
of this state
State e1 rel. Peters vs.. Pinson.
mayor. ct ais; in mandamuS, VIII
refused; Judge Williams.
.An act OF the legislature to take
eect NINETY days from its passage.
amending the charter Of city, and
providing that ALI persons holo1ns
Office at the time of the passage OF
this act shall continue in office IN
the first day of July. 1915. refers to
those officers lawfully holding Office