Thompson vs. Hern. Monroe County. Reversed and Remanded. Poffenbarger, Judge. SYLLABUS. 1. To a bill in equity, seeking the release of a vendor's lien, reserved in his lifetife by a person who has since died, the personal representatives of such person is a necessary party. 2. The defect of want of necessary parties is not waived by failure to assign it specially as a ground of demurrer; and when a demurrer has been interposed and overruled and a decree entered, without such special assignment either on the demurrer or at the hearing, it may nevertheless be relied upon in the Appellate Court. State vs. Davis. 1. A judgment of acquittal, in a case submitted to the court in lieu of a jury, on an agreed statement of facts, showing that the accused, a licensed retail dealer in intoxicating liquors, had received at his place of business a telephone message, ordering liquor, to be delivered at the place of residence of the customer, and there to be paid for, and accepted the order, selected from his stock the article ordered, and delivered it and received payment therefor in accordance with the terms of the order, is not erroneous. 2. On a writ of error in such case, the State is regarded as a demurrant to evidence, and it would be competent for a jury to find, on the facts agreed and common information and knowledge of the practice of retail dealing, which they have the right to consider, that the sale was complete, so as to pass the title to the liquor, at the dealer's place of business. 3. A sale, by a retail dealer in intoxicating liquors, in which the delivery is made within the town or county in which he has a license, in fulfillment of an order, received and accepted at the place of business, designated in his license, from his stock of goods kept in that place, is deemed by the law a sale at the place of business and not a sale at the place of delivery, unless it appears that the place of delivery was agreed upon as the place of sale. 4. A contemporary exposition of a statute, uncertain in its meaning, recognized and acquiesced in, for a long period of time, by the officers charged with the duty of enforcing it, the courts, the Legislature and the people, will be adopted unless it is manifestly wrong. 1. Boylan vs. Hines. Special commissioners who have in their hands an amount arising out of a chancery cause belonging to a judgment debtor, and which amount by decree in such cause has been directed to be paid over to the said owner, are liable to garnishment thereof. IN THE COMING ELECTION YEAR with its tense interest in the trusts, the tariff, the railroads, politics generally and political personages, the Review of Reviews will be doubly valuable to you. The Review of Reviews offers busy people an education in current events that is concise, comprehensive and authoritative at a minimum cost of time, effort and money ALL THE MAGAZINES IN ONE With Dr. Albert Shaw's monthly "Progress of the World," with the cartoon history of the month, with the timely contributed articles on just the question you are interested in, with the gist of the really impor tant articles of all the other maga- WE WANT REPRESENTATIVES THE REVIEW OF REVIEWS CO. 13 ASTOR PLACE, NEW YORK Room 500 A New West Virginia Law Book Edition of the Negotiable The Standard Form of which was enacted at the last session An invaluable aid to the interpretation of the new statute. Printed on heavy paper. Price, bound in buckram, $2 net. Bound in sheep, $2.50. Address Educator Pub. Co., Charleston, W. Va. SCHRADER & BUMGARNER Official Shorthand Reporters. National Shorthand Reporters' Association, West Virginia Senate, West Virginia Bankers' Association, Circuit Court, Ohio County, Part I, Criminal Court, Ohio County, Court of Common Pleas, Belmont County, Ohio, Circuit Court, Belmont County, Ohio. Room 305 Court House, Wheeling, W. Va. THE BAR'S List of Trustworthy Attorneys CLAY COUNTY. WEBSTER COUNTY. MORGAN COUNTY. MERCER COUNTY. KANAWHA COUNTY. HARRISON COUNTY. MARION COUNTY. UPSHUR COUNTY. RALEIGH COUNTY. JEFFERSON COUNTY. TUCKER COUNTY. RANDOLPH COUNTY. WIRT COUNTY. SUMMERS COUNTY. NOTE-The above sample page will be continued during the year 1908 for the convenience of attorneys who desire to advertise, filling in the names of those who apply, under the proper counties. Applications, to begin with the year, should be sent in at once. THE BAR reserving the right to reject any applicant. Other counties will be added as required. Address THE BAR, Morgantown, W. Va. OFFICERS AND COMMITTEES Of West Virginia Bar Association, 1907. OFFICERS. President J. HOP WOODS, Philippi. VICE PRESIDENTS. 1st Dist.-N. C. HUBBARD, Wheeling. 3rd Dist.-C. W. OSENTON, Fayetteville 2nd Dist.-R. W. DAILEY, Romney. 4th Dist.-H. M. WILLIS, West Union. 5th Dist.-GEorge poffENBARGER, Point Pleasant. SECRETARY-W. G. PETERKIN, Parkersburg. J. J. CONIFF, Wheeling W. N. MILLER, Parkersburg. CHARLES E. HOGG, Morgantown. EXECUTIVE COUNCIL. W. P. WILLEY, Morgantown. STANDING COMMITTEES. ADMISSIONS. BASIL T. BOWERS, New Martinsville; C. M. MURPHY, Philippi; M. M. NEELEY, Fairmont; H. B. GILKESON, Romney; E. A. BOWERS, Elkins. JUDICIAL ADMINISTRATION AND LEGAL REFORM. B. M. AMBLER,, Parkersburg; JOHN BASSEL, Clarksburg; NELSON C. HUBBARD, ST. GEO. T. BROOKE, Morgantown; GEO. E. PRICE, Charleston; W. W. BRANNON, LEGAL BIOGRAPHY. MELVIILLE PECK, Philippi; WILLIAM MACDONALD, Keyser; GUY R. C. ALLEN, Wheeling; FOREST W. BROWN, Charles Town; C. D. MERRICK, Parkersburg. GRIEVANCES. THOS. P. JACOBS, New Martinsville; WM E. HAYMOND, Sutton; B. L. BUTCHER, Fairmont; O. S. MARSHALL, New Cumberland; M. H. WILLIS, West Union. LEGISLATION. C. W. OSENTON, Fayetteville; ROBERT STALLINGS, Davis; JNO. A. PRESTON, Louisburg; WM. B. MATHEWS, Charleston; ANDREW PRICE, Marlington. BANQUET. E. L. ROBINSON, New Martinsville; S. B. HALL, New Martinsville; THOS. C. CORNETT, New Martinsville; J. W. Vandervort, Parkersburg; Jas. W. EWING, Wheeling. SPECIAL COMMITTEES. HISTORY OF BENCH AND BAR. WM. G. PETERKIN, Parkersburg; JNO. T. MCGRAW, Grafton; JNO. W. MASON, Fairmont; J. W. VANDERVORT, Parkersburg; W. B. MATHEWS, Charleston. .1895 George E .Price ...1902 .....1896 C. W. Dalley .....1903 1897 W. W. Brannon ..1904 .1888 W. P. Hubbard ..1889 F. W. Brown ...1890 P. J. Crogan 1891 D. C. Westenhaven, 1898 Jno. W. Mason .1905 .1899 John W. Davis .....1906 .1892 W. Mollohon |