The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-03-19
CASES ARE DECIDED
BY SUPREME COURT

nhInet az by himself, al guardian
ad Item; or signs his own name first
as guardian ad Item for the In
FAINT. Either manner OF signing shows
the answer liz filed on the infants be-
half.
-. A court has Jurisdiction over
its final DEGREES during the term at
which they are made. and may set
them aside at any tImo before adj
I1ournment
70 Having improperly decreed the
sale OF an undivided interest In land.
In a partition suit, 1t Ia not reversible
error to decree the sale Of the whole
at q subsequent term, without reverg-
ing the former decree, and sell there
under. Such subsequent decree Is
only supplemental to, and not in con-
Ifllct with the former one.
IS. To justify the sale Of land. in
a partition suit, 1t must appear that
the land Is not susceptible Of partition
In kind and that tho interest OF the
parties will be promoted by sale.
~. Where commissioners to make
partition have reported the land not
susceptible thereof, assigning reasons
therefor, TO which there were no ex-
captions. and the court thereuDOn finds
accordingly. and DEGREES a sale and the
land Is sold, upon bill OF review to re-
verse the decree OF sale for errors OF
record, averrlnE the loss Of the COM
missIoners' report and assailing the
courts decree on the finding OF fact,
such finding will be presumed to be
correct. In the absence Of any aver
ment OF proof or fraud.
IS. A guardian nd Item has no
authority to consent to anything that
will. in any manner. prejudice the in
fant's interest. but he may agree to
such matters as are intended only to
facilitate hearing OF the cause. He
may consent that a certain designated
person, possessing the requisite quail
IfIcation. may hear the cause as special
judge, the regular judge not sitting.
~. 1t Is error to sell land without
advertising notice thereof, as required
by Sec. Ia !. Oh. 1872. ser. acc. 1882.
Code 1913, II the land appears to be
OF greater value than $4,000.
40. Where land has been iudicially
sold and confirmed to the purchaser
who Is not an interested party to the
suit, his right Is protected, and the
decree OF sale Will not be reversed,
nn=hill Of review. for error not affect
ing the Jurisdiction. when IL appears
! that the only relief Gun be obtained by
the suit.
I'll. That a Judge should have no
interest in the subject matter of suits
which he decides is q sacred prlnCl-
pie To he jealousy guarded in the adj
ADMINISTRATION OF justice. But a judge
who has no interest In decreoing a
sale of land, does not violate this
principle by afterward becoming the
purchaser at the sale. provided the
sale is fairly made and is confirmed
by another Judge.
#. ]. Flanagan against Flanagan
Coal Company; Mcdowell county
judgment reversed; verdict set aside:
new trial awarded: William ". Miller.
Judge.
81. Unless the excess OF a verdict
is clearly ascertainable from data in
the record, the trial court cannot re-
dice the verdict or suffer a remitti-
tur; and in no case without such re-
Imittitur can the court of it's own mo-
ton abate any part of the verdict
and pronounce judgment for the ball
ance. Its only course when a re-
mittitur is refused is TO set aside the
verdict and award n new trial.
~. There is no inherent authority
in the president Of corporation to.
execute notes or other instruments on.
its behalf.
"3. The resolution OF board of
directors OF corporation. passed at
Ia meeting at which one OF its MEM
bers interested therein and necessary
to quorum Is present and voting in
favor thereof. is prima pacie fraud
ulent and void.
~. Ratification OF an unauthorized
act OF the president of a corporation
by n board OF directors likewise con-
stltuted. ignorant of the facts con-
nectcl with the transaction to which 1t
relates. will not preclude such cor
poratlon from thereafter repudlatIng
the same for good cause shown.
"5..Where an accounting officer OF
a corporation, as treasurer, partic-
ipates in the irregular and careless
conduct of the business. and suffers
the moneys loaned by him or borrow
ed on behalf of his company to be
paid over to another officer and COM
mingled with the latter's private
funds, and has not accounted for the
funds coming TO his own hands as
such officer. he will not be permitted
to pick out certain items of money
loaned by him OF goods or property
furnished, and in a suit against his
corporation recover therefor without
showing the actual state of the nc
count between him as such account
ing officer and his company. and the
actual balance due him. II any"
James P. Flanagan against Flan-
agan Coal Company: Mcdowell county:
reversed; remanded; George Poffen-
barger, Judge.
al. In the absence OF an express
agreement with his principle to the
contrary, an agents adyancements Of
money for his principles benefit. in
the accomplishment of the purposes
OF the agency, are items, factors or
elements in the account between
them. not loans or debts by express
contract.
"2. All entries made In books of
account or memoranda. respecting
such adrancements by the agent. are
a part of his work US agent, and he
cannot withhold such books and pa
pcrs from the principal as being his
individual nrnnnrtv WhnfaVnr THAR