The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-03-25

public corporations.
"3. Exemption Of such corporations
from process OF garnishment Is not a
personal privilege which may be
waived by them, by appearance and
answer, but one based on principles
OF public policy and which cannot be
waived"
Dawson against Phillips
In the case OF Dawson against Phil
lips. from Morgan county. the 1udg-
ment OF the lower court was reversed
and the cause was remanded. Miller,
Judge. The syllabus was as follows:
Il. Proceedings for the removal OF
public officers, pursuant to section Z,
chapter 7, serial section 222. code 1913,
are not criminal proceedings, and may
be instituted and prosecuted, under the
direction of the court, by citizens
and taxpayers.
e. The requirement OF BaId stat
ute that the charges against such pub
lie officer shall be reduced to writ
ing and entered OF record by the
court Is mandatory. and must be lit
orally complied with rs q prerequisite
to valid process against the defend
ant to answer the same. The mere
filing OF the petition OF Complainants
containing the charges and the issue
Of process thereon, will not satisfy the
other requirements OF the statute.
"3. The statute OF limitations ap-
such offcnses is inapplicable to pro-
ccodings under said section 7, Of chap
ter 7. Of the code.
a. Said statute providing for the
removal from office for official mis-
conduct, incompetence, habitual
drunkenness, adultery, neglect OF duty,
or gross immortality. Is not unCOnsti-
tutional, for adding grounds Of re-
moval not specified in section s, Of
artlcal Nv, OF tho constitution. The
grounds specified in the statute are
fairly comprehended in the several
classes of offenses named in the con-
stItution."
Day against Lumber Company.
The judgment OF the Mcdowell cir
cult court was affirmed in the case Of
william Day against the r. T. Wood
Lumber Company: PoffcnbarEer,
Judge. The syllabus is rs follows:
81. Inconsistent general and par
ttcular descriptions of the tracts Of
land allotted by a decree of partition
have the same force and effect as are
accorded to them In deeds. and, II a
decree in which they appear Is shown
to be Iatently ambiguous, by appllca-
ton thereof to its subject matter. its
Interpretation Is governed by the rules
and principles applicable in the inter-
probation OF ambiguous descriptive
matter In deeds.
A decree confirming n verbal
partition. containing general descrip-
lions of the lots or parcels of land.
awarded to the parties as their sep
arate and Individual property and also
particular description thereof based
upon an actual survey which appar-
emily and supposedly agrees in all re-
spects with the plat but which isl
shown not to do so. by application
thereof to its subject matter. is latent
ly ambiguous.
"3. Calls for monuments and
marked lines In such a decree yield to
inconsistent and ordinary inferior
calls for length of lines. aided by the
plat and specifications of quantity in
contiguous parcels OF the land divided
and prior claims of title in conformity
with the plat and specifications OF
quantity.
20. Interpretation of the descrip-
tive clause in decree or partition. not
dependent in any way upon extrinslc
and also of one dependent
upon undlsputed extrinsic facts. is a
question for the court and not for the /
jury.
Trust Company against Hearne.
In the case of Trust Company
against Hearne. from Ohio county, the
judgment OF the lower court was re-
vcrsed and the cause remanded;
Lynch, judge.