The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-01-21
Decision Affirmed In
MGraW-De BGrriz Case
In Supreme Court

Special Dispatch to The IntelliGencer
Charleston, w. Va. Jan. 20-DecISion
or Webster county circuit court in the
case of the First National Bank of
Webster Springs and others against
Rose McGraw De Bcrriz and others. sis
, ter Of the late John r. McGraw, was af-
f'rmcG by the supreme court yester-
DAY. Decision was handed down by
Judge Poffcnbarger
Nr1ts OF maDdamuS were granted the
plaintiffs in tho cases CT !. W Harmon
against the board OF canVaSsers. and
). +. Napier against the board Of can
NaSscrS. compelling tho defendants 10
ISSUE certificates OF election.
I'll" supreme court reversed the de-
CiS'ou Of the circuit court Of Rtchle
county. and certified back in the case
Of G. W. Richards against Edward
McAtee and others. involving the
guardianship OF child, and the pre-
sc-vaHon Of the wards estate.
The Bank Decision.
Judge Noffcnharger'S decision IN the
case from Wchatc" Springs IS as fol-
lows:
"A barely possible. permissible or
c"nJc"tHrAl implication arising. from
the terms and PROVISIONS Of a statute
does not justify judicial adoption there
81 as 4 part or inc statute.
An implication raised out Of one
s;a,ut" cannot prevail over express
provisions Of another
There is n presumption against lcglS
liiEe intention in the enactment Of 4
statute relating 70 one. distinct subject
, To max" It innovatc or cncroach upon.
or limit the express terms and proyi-
lions Of. another statute relating to i
different subject.
Tic exclusive right Of Il persona!
representative t. institute suit tor
subsection Of the rca! estate Of his de-
ccdent TO payment Of the debts OF the
latter. in view of jnSu1iciency of the
personal estate for suc!, purposes with
In six months after qualification, &C
corded by sec. : Of ch. S. Of tho code.
does not stay. nor constitute ground for
staying, prosecution OF suit for Cu-
f"rccmcrt Of judgement liens. Instituted
against such dcccdrnt in his lifetime
under the provisions Of chapter 1879 OF
the code. nor does IN" commencement
Of suit by the personal representative
under said section Of chapter ST. with
;u such SIN months period. constitute
ground for dismissal OF the SUIT insti-
tutcd.
The Introduction os new parties
plaintiff and defendant by means Of an
amended and Supplemental bill and bll!
Of rcvivor u!cd IN sul' for enforce
men Of judgement liens. after the death
Of the judgement debtor. docs not
Grange th.. character Of the suit. nor
make such amended bill a Now or orr
g!nal anc.
"Aftcr tho death Of q Judgement debt
or against whom 4 SUIT for enforcement
% II" liens on his rca! estate was pend
INK a, the time Ci his death. Il is proper
AID necessary TO require settlement
Cr his estate in such suit, If Ne lett
any personal property applicable TO tn"
payment OF his debts. but such settle
mont is mcr, ~ incidental to H." accom-
plishmCnt OF the purpose of TIA" %uit
and docs not alter IT'S character. al
though il is Susccptihl" 10 enlargement
and extension 10 a purpose not strictly
within It's original sconc. namely. sale
Of r"a! estate - satisfy unsecured IN
G"htcdncSS"
Decisions in the election case were
made by Judge Lively. newest jur!st Of
the supreme court
The caSe Of Cora Jackson against
George jackson. infant. and others WAS
continued to February -. This case IS
from Marion county.
Cases Submitted.
Tho following cases were submitted
10 the court for decision yesterday:
T.. NJ. Ting!cr against Frank I.ahti.
from ilaurrck county.
OHIO & Pittsburgh MIA company,
against Joseph Snyder and others, from
Hancock county.
sat, Of West Virginia against sam