National Reporter System.-State Series.

THE

SOUTHEASTERN REPORTER,

VOLUME 44,

CONTAINING ALL THE DECISIONS OF THE

SUPREME COURTS OF APPEALS OF VIRGINIA AND WEST
VIRGINIA, AND SUPREME COURTS OF NORTH

CAROLINA, SOUTH CAROLINA, GEORGIA.

PERMANENT EDITION.

MAY 23—JULY 25, 1903.

ST. PAUL:

WEST PUBLISHING CO.

1903.

COPYRIGHT, 1903,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

GEORGIA-Supreme Court.

First Division.
THOMAS J. SIMMONS, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
WILLIAM A. LITTLE.1

ANDREW J. COBB
JOSEPH R. LAMAR. 2

Second Division.
SAMUEL LUMPKIN, PRESIDING JUSTICE.

ASSOCIATE JUSTICES
WILLIAM H. FISH.

SAMUEL B. ADAMS.
JOHN S. CANDLER.

NORTH CAROLINA-Supreme Courto

WALTER CLARK, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
WALTER A. MONTGOMERY. HENRY G. CONNOR
ROBERT M. DOUGLAS.

PLATT D. WALKER

SOUTH CAROLINA-Supreme Court.

Y. J. POPE, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
EUGENE B. GARY.

IRA B. JONES.
C. A. WOODS.

VIRGINIA-Supreme Court of Appeals.

JAMES KEITH, PRESIDENT.

JUDGES.
RICHARD H. CARDWELL GEORGE M. HARRISON.
JOHN A. BUCHANAN.

STAFFORD G. WHITTLE

WEST VIRGINIA-Supreme Court of Appeals.

MARMADUKE H. DENT, PRESIDENT.8
HENRY C. McWHORTER, PRESIDENT.

JUDGES.
HENRY C. McWHORTER. MARMADUKE H. DENT.8
HENRY BRANNON.

GEORGE POFFENBARGER.
WARREN MILLER.6

1 Resigned January 13, 1903.

5 Became Judge January 15, 1903. 2 Appointed to succeed William A, Little, Jan. 8 Appointed by Governor January 17, 1903, uary 13, 1903.

under constitutional amendment adopted at No. 3 Ceased to be President January 15, 1903. vember election, 1902. * Became President January 15, 1903. 597710

(111) *