Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-02
District Supreme Tribunal Is
Reversed Four Times as
New Method Starts.
GUSTS DIVORCE DECREE
ON RESIDENCE GROUNDS
Undue Advantage Taken, Opinion
Holds, in WOman's Forfeiture Of
81, 800 in Real Estate Deal.

The District Court OF Appeals TO-DAY
inaugurated its new method of nm.
nouncing opinions weekly instead of
the old way Of dispoSing Of Its decisions
in a group on the first Monday OF the
month. Another innovation Is the fur
ntshing OF printed copies OF the opinions
20 justices of the lower courts and
members OF the Board OF Tax Appeals
ana members OF the Federal Radio
Commission, from which tribunals an
peals lie to the court. Ten opinions
were rendered today.
Inc decision Of the District Suureme
Court was reversed in an opinion nv
Justice Groner in the case of Harry w
RollngS against Mile Rollinos in
which the lower court had granted q
Hmited divorce to the wife. The record
showed that DR.. Rollings, an emnIove
OF the Veterans Bureau. and his wife
were residents Of West Virginia until
1871, when he came to WASHINGTON r.
accept the position and that I'm Ia iaoe
the wife continued to claim residance
In that State by voting there bv mail
ana the record shows no contrary claim
, Oh Inc part OF the husband or wife
WILL III, tnelr separation January I6.
Inc court held that it would he
straining the statute beyond its reasor.
able amendment to hold that since No
period OF time Is prescribed in the
SsaCuIe' the election to change her res
usnce could be made coincidentIv
WIFI the separation and her declaratior,
at the time Of the filing of the sns.
woulo DE sufficient TO bring about the
cnange OF residence and thus connlv
WAN the District law as to residence
Cruelty Caused Move.
In the present case said IN. .a,,..
the cause which moved the y,, sou. !. =
cnange her residence was her h,,shsy1,s
cruelty and her inability to live Ionoss
unuer ms roof. The motive for the
s.l1iiss was 10 accomplish her divorce
anu OBTAIN decree for maintenance
Dut IN the whole proceeding notIsrs
appears which would justify saving thai
On vi the Gay In question there was aIso
ale intent 70 surrender her citizenshin
IA IA west virginia and to change her
Iesai Iesioence from that State TO the
Holding that. while there was ~. -.
elal fraud committed bv Otto &c.
mann when he exacted 81 500 fro,,,
MIS- christina F. MacNanaee whan sl.s
was unable TO carry out an acrenn,e,,t
20 purchase real estate belon0ing 10
NM an undue advantage was tnkenS
,ne court OF Appeals in an opinion bv
JuSIlce Robb reversed the action az the
tSs. supreme Court which had sus-
ealneu motion TO quash a suit bV Mrs
MacNamee to recover the money nai5i
Hermann. eS palu
Tne court declared that Mrs Mac.
Eamee was influenced and nfisled by
hermann in the payment 10 him ~
$1,000. Under the admitted facts
says justice Robb, 1T would be uncon-
n D0,naDie 70 permit him to retain the
h nUnsE' ~ may be recovered from
The woman had made a denosit Of
$iOO and when she found herself nm
aple 20 carry out the agreement told
hermann, who agreed to let her ont ~
the agreement for $500, which she
paid IN ignorance of her right To rern3it
the forfeiture OF the 500 deposit.
Reversal In win Contest.
The District Supreme Court was aIso
reversed in decision by Justice Groner
in viii contest over the estate ~
Julia ID. Strohecker, whose Testament
had been attacked on a charge Of undue
influence by one of the sons The court
points out that the mother seeking to
take care OF a sick daughter, the chief
penenciary under the will, secured the
assistance Of neighbor friend a. Ia
the legal method TO accomplish this
desiI =. ''-D
If the SON sympathized," says the
court, with this purpose and Allotted
IL, as 70 which there Is some evidence.
we think he should be commended"
Another reversal was marked I'm
against the same tribunal when the
Court OF Appeals IN an opinion by
justice Van Orsdel sustained the claim
OF Secretary Of the Interior Wilbur
that he could not be required by
mandamuS to issue an unrestricted
patent to Wilbur r. Stuart far public
lands in New Mexico. The court held
that Stuart's final proof as to the
original entry was legally defective, and
that the issue as to the mineral CLASH
hcation was matter falling within the
discretion of the Secretary, which cam
not be controlled by mandamus.
The Board of Tax Appeals was re-
versed by the court In decision against
the board on the application Of the ex-
ecutors Of the estate Of Thomas Cover,
Winchester, Va.
Two other decisions of the District
Supreme Court were affirmed today by
the appellate tribunal. The conviction
Of Sam Hurwitz for illegal transporta-
ton and sale OF liquor was affirmed,
the court holding that the amendment
to the Jones law did not prevent q
sentence under that law when the guam
tity sold or transported was in excess
OF one gallon, but merely gave the lower
court the right to discriminate between
casual and habitual offenders.
UphoIds Lower Court.
The lower court was affirmed In its
finding that the United States Shipping
Board may not be attached for debt
OF one of its employees, because 1t Is an
agency Of the United States. The case
was an appeal by Margaret M Nc
Carthy from the decision In favor OF
the Shipping Board.
The Court OF Appeals affirmed the de-
cision Of the Police Court which had
convicted Guido Aquilino of unlawful
possession of liquor and fined him $500.
The Municipal Court was upheld Ia
an opinion by Justice Robb that w. w.
Lghtbown was entitled to a real estate
commission which had been attacked by
Breuninger & Co.
The Board of Tax Appeals was af-
hrmed In an opinion by Chief Justice
Martin when its decision had been at.
tackled by the First Savings Bank OF
Ogden. Utah. The decision involved in
come and profit taxes for the years 1922
and 1928.