The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-02-07
HIGHCOURT
HANDS down
ITS OPINION

lima Number Of Cases .Appeale,
to It from Circuits for
Decision.
The following decisions have bee
handed down by the supreme court Q
appeals OF West virginia:
Hubbard, Ex'r n. Robreeht.
Ohio county; affirmed by Judg
WilHams-upon a bill OF eQuit,
brought BY a father against his sol
to. procure legal title to propert,
which the father alleges no bough
and paid for with his own means. an,
caused to be conveyed to his son, b,
deed absolute; but upon secret trus
that his son would thereafter conve,
II to him, whenever requested by. hin
TO do so, equity will refuse belief, 1
1t appears that purpose of the faith
er, in such plan, was to hinder ant
delay his creditors, then existing, il
the collection OF their debts. In suci
cases it lis inmaterial whether thu
son had actual knowledge OF tn,
fathers fraudulent intent or not, OF
whether the alleged trustwas EXPIRES!
or implied -
State VS.. Decked:
Lincoln county: affirmed BY Judge
Williamson writ OF error to,a judg-
ment rendered In case. tried by the
court Is lieu Of a jury. this court will
consider the case as II upon a denfur-
rer TO the evidence, regarding the
plaintiff in erroi. as demhrrant.i
One who, without a state license to
sell spirituous liquors. prior to July
!, 1914, received orders therefor, even
though he did not solicit them, is
guilty of violating clause (c), section
1 ) chapter 80, code 4 1918. M
Hatfield VS.. County Court.
Cabell county; reversed; judgment
OF NIL capiat; by Judge Robinson
preside an obligation con>
fers a Joint right on several ohlfgees,
they must. all Join in an action found
ed onSit.s
Payment to one Of several Joint OBJ
lisees affectually operates a discharge
Of the obligation.
Where a case has been tried ON an
agreed statement OF facts by the court
In lieu Of a jury, and Judgment rem
dered for the plaintiff, upon writ. OF
error the evidence will be considered
as though the defendant was q demur-
rant thereto, and IL insufficient to
warrant the judgment. reversal and
Judgment nil capiat must follow.
Horse Creek Coal Land Company Y
vs.. Trees, ct al.
Boone county; decree reversed, In
Junction dissolved, and cause remand
ed; by Judge Lynch To confer juris-
diction in equity to remove cloud
from legal title to leased premises,
averment and proof OF possession by
plaintiff are indispe nsable.
. Equity will deny relief at the suit
OF a lessor, based .cn locationss for
operations elsewhere than as pre-
fscrib6d by the lease, where, with
knowledge thereof, he accepts, with
out complaint, his share OF the pro-
ductions theretrom.
Equity will not enforce a forfeit
ure. It will not divest a. vested es-
tate by enforcing forfeiture for the
breach, ora subsequent condition. In
SuSh SttSS tuS Pal ~ 10 letI 10 ufS leSht
remedy.
State vs.. Miller.
Cabell county; Judgment reversed;
verdict set aside; remanded for neN
trial by Judge neutrality-suspicious.
to give INSTRUCTIONS correctly stating
the law OF self defense. In trial on
an Indictment for murder, when there
is evidence appreciably and directly
tending to prove legal excuse for the
killing, Is reversible error.
1t is error to admit evidence in
such a case, tending to prove bad
character or degradation on the part
of the accused, oyer his objection and
in the absence Of evidence adduced
by him: to establish good character
on his part.
It is likewise error to require the
prisoner, testifying on his own be.
half, in criminal case, over objec-
ton made by his attorney, to admit
on cross examination, acts OF degra-
dalton, not relevant nor material TO
the issiie. IL
Dent vs.. McDougle.
Writ county prohibition: writ re-
fused; by Judge Poffenbarger-Al-
though the complainant in a bastardy
proceeding, has signed and acknowl-
edged paper, avowing misapprehen-
sion under which she made the com
plant and lack OF intention to make
It. releasing the accused from all
claims OF every kind and character
that she might or could allege against
him, on account of his paternity Of
her child, and directing the warrant
TO be returned and caused the same
to be filed in the circuit court, with
the warrant and complaint, that court
has jurisdiction, by virtue OF section
s of chapter 50 Of the code, serial
section 1899, to order the proceedings
to be had in the name of the county
court of the county.