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The Value and Weight of Your Case in Point is Determined by its Judicial History

(1) Has it been affirmed or reversed by the United States Supreme Court?

(2) Has it been overruled, questioned, criticized, limited, or distinguished by the court which rendered it?

(3) How often and how recently has it been cited
with approval?

Your Statutory and Constitutional Citations may be
Affected by Amendments, Repeals or

Judicial Construction.

(1) Are you sure that you have found all legislative
citations, and all amendments and repeals?
(2) Have you missed any case citing or construing
the constitutional or statutory provision you are
relying upon?

These pertinent questions are answered quickly and efficiently by

SHEPARD'S VIRGINIA CITATIONS

The use of SHEPARD'S VIRGINIA CITATIONS as a source of authority in looking up the law is but one phase of its value. As a means of checking up all authorities cited by opposing counsel it is frequently the means of destroying the foundations upon which an adverse brief or argument rest; and of equal importance is the fact that this work can be done for you by any clerk after a few minutes explanation of the system.

To build your own legal fences and to get over
those of your opponent Shepard's Virginia Cita-
tions point the way with unerring force.

May we send you details on SHEPARD'S CITATIONS for your State? We have some valuable literature dealing with legal research.

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The Earliest Report of All Current Decisions of The Supreme Court of Appeals

Vol. 26

JULY 1922

No. 1

Published Monthly.

M. B. WATTS, Editor....
Subscription price $5.00 per annum. Single copies, fifty cents.

NOTICE.-Subscribers who fail to receive any number must notify us within two weeks after date of issue of number not received. After that time copies ordered must be paid for at published prices.

For the convenience of the majority of subscribers, we will not discontinue subscriptions immediately upon expiration, unless notified. The receipt of bill for subscription by subscriber and continuance of mailing is notice that he is charged with subscription and will be expected to pay up to the time notice to discontinue is given; but we will not continue indefinitely, and payment must be made within a reasonable time.

REHEARINGS.

"When Court of Appeals may rehear and review case decided by it; when application therefor to be made; where rehearing, etc., to take place; where decision entered.-The Supreme Court of Appeals on the application of a party shall rehear and review any case decided by the said court if one of the judges who decides the case adversely to the applicant certifies that in his opinion there is good cause for such rehearing. If the case was decided within the last fifteen days of the term the application shall be made before the end of the said term or within fifteen days after the commencement of the next term, wherever held. In all other cases the application shall be made during the term at which the decision was made and within fifteen days after the entry of the judgment. Such rehearing and review may be at any place of session, and the judgment, decree, or order made thereon shall be entered on the order book where it is made, and if not made at the place of session where the case was pending at the time it was originally determined, it shall be certified to the clerk of the court at the place of session where the case was originally pending as aforesaid, who shall forthwith enter the same on his order book and transmit a certified copy thereof to the clerk of the court below to be by him entered as provided by section sixty-three hundred and sixty-nine." Code 1919, sec. 6372.

N. B.-All opinions printed in this number are subject to rehearings which may be granted under the above statute.

PETITIONS FOR REHEARING PENDING IN

COMMONWEALTH v. PORTSMOUTH GAS CO., 25 Va. App. 617.
ALTAVISTA COTTON MILLS v. I.ANE 25 Va. App. 569.

FICKLEN v. FREDERICKSBURG POWER CO., 26 Va. App. 116.
PERKINS. DIRECTOR GENERAL.

JUDGES.

HON. JOSEPH L. KELLY, President.

HON. ROBERT R. PRENTIS.

HON. FREDERICK WILMER SIMS.

HON. MARTIN P. BURKS.

*HON. JESSE F. WEST.

*Elected to succeed Hon. Edward W. Saunders, died December 16, 1921. Judge West was seated February 1, 1922.

CASES REPORTED IN THIS NUMBER.

PAGE.

BLANKENSHIP v. COMMONWEALTH.-Larceny-Goods and Chattels
-Dog-Personal Property-Payment of Tax-Evidence-
Code, secs. 2324, 4440, 4445.
BRAGG v. COMMONWEALTH!.-Intoxicating Liquors-Sale-Indict-
ment-Demurrer-Two Offenses-Proof of Intoxicating Char-
acter of Liquor-Evidence-Men of Intemperate Habits-
Instructions-Evidence-Sale of Flavoring Extract-"Intoxi-
cation" Defined--Prohibition Law-Appeal and Error-Code,
secs. 4958, 6363....

CAMPBELL COUNTY v. HOWARD AND LEE.-Actions-Services Ren-
dered Amount of Recovery-Quantum Valebat; Quantum
Meruit-Implied Promise to Pay-Attorneys at Law-In-
structions-Harmless Error-Sufficiency of Evidence to Sus-
tain Verdict-Instructions-Contracts-Services Rendered-
Measure of Recovery-Harmless Error-Contracts-Services
-Instructions-Conflict - Harmless Error-Claim Against
County-Services Rendered-Account Verified by Affidavit-
Jurisdiction-Code, secs. 2759, 2763-Contracts-Services
Rendered-Contingent Fee-Misappropriation of County
Funds Instructions-Contracts-Employment of Attorneys
by County-Instructions-Code, sec. 2728-Services Rendered
by Attorneys for County-Implied Promise to Pay-Lobbying
Evidence-Code, sec. 4499-Services Rendered-Acceptance
of Part of Amount Claimed-Accord and Satisfaction-Evi-
dence Code, sec. 5765

CREASY v. COMMONWEALTH.-Intoxicating Liquors-Transporting

Whiskey-Evidence

....

DIRECTOR GENERAL OF RAILROADS (VIRCINIAN RAILROAD) v. BROWN.
-Railroads--Collision at Crossing-Negligence-Contribu-
tory Negligence-Duty to Lock and Listen-Evidence-Ordi-
nary Care-Warning of Approach of Train-Instructions-
Duty to Stop Before Crossing Railroad-Instructions to Dis-
regard Evidence-Contributory Negligence-Code, secs. 6092,
6104

DIRECTOR GENERAL OF RAILROADS (CHESAPEAKE AND OHIO RAIL-
ROAD) v. GRAVINS.-Slander-Declaration-Demurrer-Pub-
lication of Alleged Slander-Insulting Words-Code, sec. 5781
-Object of Statute-Insults Privately Given-Liability of
Railroad Corporation for Act of Agent-Scope of Authority
-Respondear Superior Ratification Compensatory and
Punitive Damages-Appeal and Error-Form of Judgment—
Code, sec. 6365-Action for Insulting Words-Failure to
Prove Actual Damages-Consent of Government to Sue
Director General

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