The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-02-13
States Highest Legal Tribunal
Passes on Litigations Ap-
y pealed to 1t.


CuApIEsToN Fab 1e-Tbo neg.
,,rcnt or unlawful EXERCISE Of tho
right To drift logs In n fontablo
ohlo stream wberehv tho water Is
divcrted from mo us,,nI channel and
In preat volrme cast unon md over
lands of nronerty owners
causing irrenalrable injury 10 tho land
and crons viii be nrohiblted nv thc
INV NJ enn,ty according N tho decision
This week Of the sunreme court In the
case of Summers against tho park
ershrrr Nail Comnanv from Gilmer
county
Ths decree NJ tho lower court WINS
affirmed In thc svI,ahus NJ ,ho onin-
Inn nrenared nv mdre lynch Il 10
sot forth that I'm ,niunction order 10
nor erroneous in scone md OBJECT
which enioIns eornoration from
drifting logs in N floatnhle stream
through the paintiff's land" 10 the
damage of bis nronertv
Coal Comnany against Rritton.
In the case Of the SoyereIsu Coal
comnanv against nritton from Ka-
nawha county writ Of nrohlbltIon
was awarded: Iynch indigo Tho svl-
labus follows:
a. The civil jurisdiction Of n ,us-
t,ce IN this state IL iimited 10 on se.
where .the cn,sc n, action arose In
hi. co,nty mr. tho dosandon. or ona
of the defendants reside therein or he
inr n nonresident Of tho state ia
fonnd or has nronertv mr. effects with
in tho county, $1s chanter 70 code
40 Such mrIsdiction IL not on
larged or extended Inv the statutory
nrovisions relating IN service n nro.
cess"
Blond arnlnst DAVIDSON.
The Judgment Of tho lower court
was reversed md the case Of bland
against Dayisson from Doddrldgo
county was reminded for n new trial :
Mason iudpe The syllabus IA as fol.
lows.
a" s. by his will beoueather all
his nroneriy. renl and nersonal, To his
widow Drusilla Sherwood. thon lei
nrovided that. nj the death Of m,
widow Drusillo Sherwood then let
the estate he divided into five ooual
shares az follows. 50 and ono
ro,,nI share IN nv grandson. Charles
Nj: Cowan or the children Of HIS
hodv, Held. That tho widow takes
n life estate and that charles NJ, Cow.
an bavinp died intestate after the
death Of the testator and before tho
7ont children, took n vest.
Cd remainder Of one-fifth OF tho es.
late which nasscd Inv descent TO his
heIrs. that the words .at tho death
NJ NV widow ~. then let the estate
So divided, re,atos IN the time Of tho
on,ovment NJ thc estate and NOT To
the time Of the yesting interest; and
that tho remainder vested ut the time
NJ tho death Of the testator
40 Where n MI, in cbnncery shows
that nerson mi n marty is materially
,ntorested IN tbo snbiect in contro.
rarsv a. 10 dem,,rrabie for want OF
nroner narties but il such person ap-
neors and files n petition and asks to
he made n marty defendant and to an
swe+ tbe bill the nlaintift should
amend HE bi,l make the petitloner o
Marty and make such allegations In
the amended bill against him as would
onthoriya tho court 10 decree against
him ~ nroner 10 do 30. Process
should be issued and served on the
dasenJants 70 answer the amended
SI,, mnios. woivod Such proceed
inps would cure defects in the orig
i ins1 hill %T' for want Of parties.
A'' poteet against Imboden.
IN tho case Of poteet against I'm
hoda, from Fayette county. the judg-
NOV. ., tho lower court was affirmed.
StllIer Judge The SYLLABUS is as fol-
Laws.
' w, nben tbe narties to a contract
ontor into an entirely new one with
r rs tn the same subject matter
and the terms OF which are cock
tans,,,o with br,t rpnugnant to those Of
tba original contract. the old will be
r ras " rded no having been discharged
h tve@ tha now contract
y" 20 Ey,dence which ia wholly in
o,ra ., .ant nav he taken advantage OF
i ~ an anneIate court whether OBJ
i ~ al - IN tho lower court or not
'ss 20 when " timely objection has been
,,o o. 70 the deposition Of an In
l INV, pt .en. witness The objection by a
co.np GUILD asa,o,nat;on limited to the sub
c sos s eA -, tha evidence given in
ssIs n'a'''t
cn'ei' na,tv AGAINST Mcyey.
:, .bo Ease case Of o Deitz against Mcvey
,,d ~ I leve eap county the Judgment Of
. .n a 1890 oorrt wac reversed and a
, .as '4 t,,e1 was was awarded: Williams,
i NV 'fis Mho SYLLABUS follows:
'uase' - ,n an action nm account tho