CASES DISPOSED OF WITHOUT WRITTEN OPINIONS

R. R. Foy v. A. & N. C. RAILROAD, from Craven; W. D. McIver and L. J. Moore, for plaintiff; Simmons & Ward and W. C. Monroe, for defendant. Per Curiam: Affirmed.

STATE V. R. and S. BURKE, from Lenoir; Attorney-General, for State; T. C. Wooten, for defendant.

Affirmed.

Per Curiam:

JOSEPH DUNN V. W. & W. RAILROAD Co., from Duplin ; A. D. Ward, for plaintiff; Junius Davis and H. L. Stevens, for defendant. Petition to rehear dismissed.

B. C. BECKWITH, Administrator, v. R. & G. RAILROAD, from Wake; Peele & Maynard, for plaintiff; Day and T. B. Womack, for defendant. Per Curiam: Affirmed.

A. J. MCKINNON V. TRANSPORTATION Co., from Robeson; Patterson & McCormick and McLean & McLean, for plaintiff; R. E. Lee, for defendant. Per Curiam: Affirmed.

MURTEE HUGGINS V. W. & W. RAILROAD Co., from Robeson; J. D. Shaw, Jr., and A. W. McLean, for plaintiff; G. M. Rose, for defendant. Per Curiam: Affirmed.

RODMAN-HEATH COTTON MILLS V. TOWN OF WAXHAW, from Union; Adams & Jerome, for plaintiff; Redwine & Stack, for defendant. Petition of plaintiff to rehear dismissed.

A. E. HENDLY V. J. P. MCINTYRE, from Anson; J. A. Lockhart, for plaintiff; Bennett & Bennett, for defendant. Per Curiam: Affirmed.

W. H. OSBORN V. M. T. LEACH, from Guilford; T. M. Argo, J. T. Morehead and King & Kimball, for plaintiff; Armistead Jones, J. A. Barringer and F. H. Busbee, for defendant. Per Curiam: Affirmed.

C. T. JOHNSON V. G. S. BRADSHAW ET AL., from Randolph ; J. T. Morehead and W. J. Gregson, for plaintiff; J. T. Brittain, for defendant. Per Curiam: Affirmed.

J. M. SHARPE v. So. RAILWAY Co., from Iredell; George

CASES DISPOSED OF WITHOUT WRITTEN OPINIONS.

B. Nicholson, for plaintiff; L. C. Caldwell, for defendant. Per Curiam: Affirmed.

L. D. LOWE v. JAMES HARRIS ET AL., from Wilkes; Finley & Greene, for plaintiff; R. N. Hackett and W. W. Barber, for defendant. Per Curiam: Affirmed.

W. R. SPRINKLE v. J. M. WELLBORN, from Wilkes; T. B. Finley, Shepherd and Womack, for plaintiff; Glenn, Manly & Hendren and W. W. Barber, for defendant. Per Curiam: New Trial.

M. A. JOHNSON ET AL. V. P. E. SLATE, from Stokes; W. W. King, for plaintiff; Watson, Buxton & Watson, for defendant. Per Curiam: Affirmed.

J. W. VICKERS V. MARTHA E. VICKERS, from Wilkes; T. B. Finley, for plaintiff; W. W. Barber, for defendant. Curiam: Affirmed.

Per

D. G. HELTON V. A. & C. A. L. RAILWAY Co., from Mecklenburg; Maxwell & Keerans, for plaintiff; George F. Bason, for defendant. Per Curiam: Affirmed.

A. H. FRAZIER V. J. R. WILKES, from Mecklenburg; Maxwell & Keerans, for plaintiff; Burwell & Cansler and Jones & Tillett, for defendant. Per Curiam: Affirmed.

I. A. ALEXANDER V. CANNON MFG. CO., from Cabarrus; M. II. Caldwell and L. T. Hartsell, for plaintiff; Jones & Tillett, for defendant. Per Curiam: Affirmed.

M. E. CHURCH V. DAN YATES, from Watauga; R. Z. Linney, for plaintiff; L. D. Lowe and W. C. Newland, for defendant. Per Curiam: Affirmed.

WESLEY WATTS V. CAROLINA & NORTHWESTERN RY. Co., from Caldwell; Edmund Jones, for plaintiff; J. H. Marion and W. C. Newland, for defendant. Per Curiam: Affirmed.

STATE V. THOMAS BIRD, from Henderson; Attorney-General, for State; Toms & Rector, for defendant. Per Curiam: Affirmed.

CASES DISPOSED OF WITHOUT WRITTEN OPINIONS.

STATE V. So. EXPRESS Co., from Burke; Attorney-General, for State; J. C. Martin, for defendant. Per Curiam: Affirmed.

STATE V. JOHN BRUCE ET AL., from Polk; Attorney-General, for State; no counsel for defendant. Per Curiam:

Affirmed.

T. G. BARKER V. So. RY. Co., from Henderson (two appeals); Smith & Valentine, for plaintiff; G. F. Bason and F. H. Busbee, for defendant. Per Curiam: Affirmed.

CHARLES SUNOFSKI V. RHETT, from Henderson; H. G. Ewart, for plaintiff; Smith & Valentine, for defendant. Per Curiam: Affirmed.

G. R. WESTFELDT V. W. S. ADAMS, from Swain; F. A. Sondley and J. C. Martin, for plaintiff; Merrimon & Merrimon, Shepherd and J. J. Hooker, for defendant. Curiam: Petition of plaintiff to rehear dismissed.

Per

M. L. WILLIS V. CORUNDUM MINING Co., from Macon; S. L. Kelly and J. F. Ray, for plaintiff; Elias, J. W. Ferguson and Shepherd, for defendant. Per Curiam: Affirmed.

D. W. BELDING v. R. N. ARCHER, from Clay; Merrimon & Merrimon and Shepherd, for plaintiff; Davidson, Thomas A. Jones, C. B. Matthews and Busbee & Busbee, for defendant. Per Curiam: Plaintiff's petition to rehear dismissed.

HARRIS V. QUARRY Co., from Henderson. Motion by A. S. Barnard, for defendant, to correct judgment of this court denied, on authority of Barnhardt v. Brown, 118 N. C., 710.

REPORT OF THE COMMITTEE APPOINTED TO PREPARE RESOLUTIONS IN RELATION TO THE DEATH OF THE LATE JOSEPH BRANCH BATCHELOR, LL. D., SUBMITTED BY RICHARD H. BATTLE TO THE SUPREME COURT:

Joseph Branch Batchelor, LL. D., the son of James W. Batchelor, of Halifax County, N. C., was born in that County October 5th, 1825, and died in the city of Raleigh, January 11th, 1903, in the seventy-eighth year of his age.

Educated in the schools of his native county until his matriculation at our State University in the summer of 1841, he graduated from that institution in 1845, with its highest honors, his friend, the late George V. Strong, sharing those honors with him. Some two score years thereafter his alma mater conferred upon him the honorary degree of LL. D.

Choosing the law as his profession, he studied it diligently, under the direction of his neighbor, Joseph J. Daniel, then a distinguished member of our Supreme Court bench, and was admitted to the bar soon after he attained his majority. Thence on, to within a month of his death he recognized the

jealous mistress, and nothing ever diverted him from her service, unless service for a single term, that of 1860 and 1861, in our State Legislature was a brief diversion. He began the practice in his native county, but having married in 1850 Miss Mary C. Plummer, daughter of William Plummer, Esq., of Warrenton, he removed to that town, which was his home until the year 1866, when he removed to Raleigh. He was early elected County Solicitor of Warren and prosecuted its criminal docket. Such was his recognized ability and learning as a young lawyer, that in 1855 he was appointed by Governor Thomas Bragg Attorney-General of the State, as successor of Matt. W. Ransom, resigned, the duties of the office then requiring the incumbent to serve as

RESOLUTIONS.

Solicitor of the Raleigh circuit. During his term of service the Supreme Court requested his opinion on the liability of its members to pay taxes on their salaries, and that opinion, published in 2 Jones' Law, both for its style and logical ability was commended by the bar of the State.

Mr. Batchelor became the partner of the late Sion H. Rogers, on his removal to Raleigh, and after Colonel Rogers' death practiced as a partner of L. C. Edwards and John Devereux, Jr., successively. After Mr. Devereux's removal from the State a few years ago, he practiced alone until his last illness. Whether alone or as a partner of those eminent lawyers his ability and faithfulness to his clients and their business were ever recognized, and he was frequently mentioned as one fitted for high judicial office. For many years he was a director and attorney of the Raleigh and Gaston Railroad Company and he continued until the last to be one of its trusted counsel.

In 1870 he was appointed, with William M. Shipp and James G. Martin, as a member of a Fraud Commission to investigate and report upon alleged frauds in the use of appropriations for railroads by the Convention of 1868 and the Legislature of 1868-'69, and he performed his duty as a member of that Commission ably and fearlessly. Courage, moral and physical, and sincerity, candor and honesty were ever his characteristics.

In early manhood he became a communicant of the Episcopal Church, and for half a century he was nearly always a member of its annual conventions in this diocese. As a Christian the virtues of purity, charity and brotherly kindness were exemplified in him. In private life he was a most affectionate husband and father. The devotion between him and his gifted wife, whom he survived but two years, attracted the admiration of their intimate friends. He had a full share of private afflictions, for only three of thirteen children survive him. He was perhaps a little reserved with

Vol. 132-73