ARGUED AND DETERMINED IN THE

SUPREME COURT OF APPEALS

-OF

WEST VIRGINIA.

AT THE FALL-SPECIAL TERM, 1892, AND THE JANU-
ARY AND SPRING-SPECIAL TERMS, 1893.

-BY-

THOMAS S. RILEY.

ATTORNEY GENEREL AND EX OFFICIO REPORTER,

VOL. XXXVII.

CHARLESTON :

BUTLER PRINTING COMPANY,

1893.

Entered according to an Act of Congress in the year one thousand eight hundred and

ninety three.

BY THE STATE OF WEST VIRGINIA,

in the office of the Librarian of Congress, at Washington, D. C.

Rec.

Aug. 81893

OF THE

SUPREME COURT OF APPEALS

DURING THE TIME OF THESE REPORTS.

*DANIEL B. LUCAS, PRESIDENT.

*JOHN W. ENGLISH, PREsident.

HENRY BRANNON,

HOMER A. HOLT,

*MARMADUKE A. DENT.

ATTORNEY GENERAL AND EX OFFICIO REPORTER,

THOMAS S. RILEY.

CLERK,

O. S. LONG,

On the expiration of Judge Lucas's term of office, January 1, 1893, he was succeed

ed by Judge Dent, and Judge English was elected President of the Court.

Applegate & Waters et al. and Brooks, Rogers & Co.,

373

Archibald and Marmet Company,

778

Brooks, Rogers & Co. v. Applegate & Waters et al.

373

Brown et al. and Austin et al.,

634