Newspaper Page Text
rfl®' DAftiY SUK.1 ConTofctourW Htcwxrtfffcx-
uidcr are the beet kid gloves made. —
Wedkmpat Moxnino Octoeem 18.
8W Ne» Adeertieementi aheayl found
n Firet Page ; Local and Butinett Notices
on Fourth Page.
ltu|> ef Oar Babecrlpllea Price.
We aak attention to our nev terms of
MtMeription in the tirat oolumn on first
page-
■ 1.(1. C.plM mt Ikr Sac Per Bat* at tka
T its B siiirB
CITY AFFAIRS.
We Aw Goods
Store the most superb and elegant stock
of Indies’ Dress Goods, Laces, Embroi
deries, Hosier; and general assorted
Stock of Dry Goods ever before offered
by ts, and *e solicit inspection of our
stock from all.
septae-lm Cuuiutaux, Boynton k Co
Tlywtg, Ingrain, Two-ply, amt all
grades of Cheap Carpets, in extensive
satiety, now on sale at the Carpet Store
of Cwakbkblim, Boynton k Co.
aepta6-lm
Fine laoes, lace collars and handker
chiefs at Loire, Douglass k Dallas', 12
Whitehall street. octlfl tf
Colonel McCown, of the Fairborn
Satinet, was in the city yesterday..
A WUMIsf.
Andrew Mink and Nancy Gann were
arraigned yesterday before Judge Butt,
on a charge of adultery. They remedied
the alleged evil by having the Judge tie
them together in lawful wedlock.
We in vitc attention to tho advertise
ments of several law firms in our paper
this morning. _
An elegant stock of white and oolored
silks and Batins at Lowe, Douglass k Dal
las’, 42 Whitehall street. octlfi tf
Pair at TM.nm.tI11., Urargla.
The people of Thomas county will hold
a fair for five days, commencing the 31st
instant, and are making extensive prepa-
rati si far theaaatA
Opening far Snilnru.
A party with some capital can hear of
an excellent opening in a business which
is very profitable by addressing.
ootl7-3t “8.," Bon Office.
The Executive Department will be
closed to-day, in compliance with the
proclamation of Mayor Hammond.
The Skating Rink is open at the Fair
Grounds in day time, and at tho Rink at
night. * £ ^
A beautiful stock of Marseilles quilts at
Lowe, Douglass k Dallas’, 42 Whitehall
street. octlfl tf
Home tnremara Cempsnp, ofWcw Yerk.
Major Whituer tells us that he has just
rroeived a dispatch from tho President of
the Home Iusuranoe Company, of New
York—for which ho is tho Atlanta Agent
—informing him that tho Directors of
the Conpany liavo unanimously resolved
to fill up the capital to 82,800,000—
which will restore the Home assets to
nearly four millions, after paying Chica
go liases. *
— Uaologj and Mineralogy off Woargla.'*
This important book, by Dr. M. F.
Stephenson, telling -all about the gold
and diamond mlnos of Georgia, is ont.
For sale by Mr. W. A. Ramsey, New
Odd Fellows’ Hall. We wiU notioe it
further. _
do BaaataaiSMl Van'll a a* It Ba.
Visitors to the Fair ahonld not tail to
call at the Baltimore Clothing House,
No. 62 Whitehall atroct, and examine tho
splendid stock of custom-made clothing
and gents' furnishing goods displayed
then. All their goods ore of their own
manufacture and are warranted to give
satisfaction. Prices lower than the low-
ask 2t
All good goads usually kept in a first
olass retail dry goods house con be found
at Lowe, Douglass k Dallas', 42 Whitehall
octlfl tf
Lowe Douglass k Dallas’, 42 Whitehall
Street. ^ octlfl tf
Coming to At*
Some of the very beet houses in Charles
ton have established branches in this
city:
1st George W. Williams, a year ago,
associated himself with Messrs. Langston
k Crane, of this oily, wholesale dealers
in groceries and provisoes. The firm is
now Williams, LangBton k Crane.
2d. Messrs. Crane, Boylston k Co.,
extensive dry goods jobbers, have a
branch house, now, under full headway,
in Atlanta.
8d. The banking house of A. M. More
land contemplate establishing a branch
of their buffinees here in a short time.
Mr. Moreland has been in the city for
several days
4th. Messrs. Marshall & Burge, exten
sive wholesale dealers in clothing, dry
goods, etc., also intend soon to open a
branch of their houso in this city.
5th. Edwin Bates k Co., we believe,
have already made arrangements to es
tablish their house in this city.
Atlanta is bound to be one of the best
wholesale markets for goods of all kinds
south of New York. We arc a commer
cial people, and this city is, and must
continue to be, a commercial city.
Dog Dos*.
A small rat terrier, having a bare place
on his forehead, strayed from Mitchell
street, Monday morning. A reward will
be paid for him by Miss Sophronia
Thompson.
Cowvlols.
A car load of convicts passed through
the city yesterday. They were being
carried from the Cherokeo Railroad to
the Air Line.
be coiupsnr'i Stork Bar sals.
Soe tho notioe of Mujor C. P. McCallu.
Colton Market.
Yesterday tho market was quiet at 17|
cents from the warehouses. Considera
ble quantities were on the streets.
Ckolreond Deoallfnl Durham! I
Wo ask all our friends and the rest of
mankind to call and see some handsome
young Durhams, now on exhibition, and
for tale prieatelg, at tho Fair Grounds.
They have been brought from Kentucky,
by Colonel C. H. Rochester, whom many
will remember as having been with them
during the troublous war times.
Atlanta Fire Company Ho. 1.
This Company has a meeting to-night.
Bril A UoMsmllh,
It will be seen from an advertisement,
that Marcus A. Bell and Colonel Turner
Goldsmith havo formed a partnership in
the Real Estate Business. Mr. Bell,
though not an old man, is one of Atlan
ta's old citizens, who has always enjoyed
the confidence of the entire commuuity.
Colonel Goldsmith is ono of DeKalli
county's best men, who is ulike honored
wherever ho is known. Both are ener
getic, fair-dealing business men.
To Contend for the Prise,
Messrs. Sharp k Floyd havo offered a
silver watoh for the beet boy declaimcr,
at the Fair, under lfl years of age. Last
evening Master W. R. Hadley, agod 18,
son of Davis B. Hadley, of Thomson,
oame up to contend for the prizo. Ho is
a pupil of tha Thomson High School,
Rev. E. A. Stead and. Thomas M. Steed,
Principals.
Young Dnrkome Per Solr.
Col. Rochester at tho Fair Ground—
well known in thia community during
the war—hes fine Dnrham cattle for
sale.
Some thief or thieves, entered a room
on Peachtree street, on Monday night,
aud took Mr. Bonner's memorandum
book, which he advertises for this morn
ing; several pocket knives, one pair of
sleeve bottom, and few auoh articles.
They found only a few small change bills
in tho way of money. They did not ob
tain the worth of their risk; they were,
however, expert in entering and Leaving
the room without disturbing any body,
Pint U Pay CMIr.g. Umm.
Cnpjr nTCklMB* DUpaSvk.
n
dee’ k
Chicago, October 11, 1871.
npemgt An-
I will Opt exceed #300,000.
E. E. Ryan, Ageat-
llvent and very strong,
com man awl paying its
Chisago losses. J. B. Bennett,
Atlanta Agent, President.
L. B. Davis. octlfl lw.
A Cu.
This celebrated Charleston House, i
whole South, will soon establish a branch
4l their business in' Havana lb-
tofe Thejr kare a lo** rstab&ftud mA
mifitbkt reputation — whole—Ic
and dealer* in wine*, liquors, tobacco, *0.
Ja their branching ont, they .onglit to
come to Atlanta alto. They would find
thia the pkee for a largo trade it their
Oood and oheap Hoarding andljodging
dMd^TUuy ah Forsyth street, be
tween Hunter and Mitchell ate. |oclGd3t
SUPREME COURT DECISIONS.
Atlanta, October 17,1871.
Alexia Bragg et aL ts. W. H. Tibba—Re
moval of ca*ds to Federal Coart
LOCHKAHE, 0. J.
Where, upon the call of a oase upon tho
docket, the counsel for the pUiutiff Mated,
to the Court that ho had a motion pre
pared to transfer the cane to the Unit 'd
bt. j Court; and tho Court refused to
he..r the motion, giving precedence to a
motion to dismiss the cane upon the
ground of non-payment of taxes, under
the Act of 1870:
Held, that this va* c.f i or.
W. K. Moore, for plain tiff in error;
McCutchen A bbumata, D. A. Walker,
oontra.
A. B. Irick vs. Win. Wist Complaint.
LOCHKANE, C. J.
Where Wiae was the tenant of Iriuk,
under on unexpired lease, and Irick wrote
him about letting the land, stating in his
letter that he would give him fire per
cent: to get him to sell it, aud Wise did
act equivalent to an acceptance of the
proposition, by showing the land; giving
notice that it was for sale, and Crockett,
with whom Wise had talked about the
land, went to Virginia, where Irick, the
owner of the land, lived, and bought the
land, and Wise made him pay 8500 for
surrendering possession of the loud, and
demanded five per cent, as commission
on the sale; and npon the trial of this
cause the Court rejected evidence of the
payment of the 8500:
Held, thut this was error. If Wise
claimed commission npon the sole of the
land, such sale contain p’afced a delivery
of the possession of the land. If the
jury found, from the evidence, that Wise
did honestly aid in the sale, and was en
titled to commission, his evidence was
admissible to show the payment of $500,
which should be deducted from the com
missions. Ou the other haud, the pre
sumption is that Irick sold for less than
tho land was worth if Wise was to lie
bought out of possession, and Wise would
not be entitled to both compensations.
Judgment reversed.
Warren Akin, for plaiutitf; Wm. T.
Wofford, contra.
Wm. Worthy, vs. the State—Adultary-
C >ntinuance.
LOCHRANE, C. J.
Upon trial of indictment for adultery, it
is error in the Court to refuse a contin
uance for the absence of two witnesses
who wore^duly suppaenaed, and were with
in the jurisdiction of the Court, by whom
the prisoner expected to pr >ve his inno
cence, and the fact of one’s being the
woman accused, docs not change the
rule.
The fact that the Judgo at the first of the
term, announced his readiness to send
for witnesses who were not present, does
not necessarily deprive tho prisoner, who
bos not avuiled himself of the Judge’s
offer, of the right to a continuance on
the ground of the absence of witnesses.
Where the evidence iu a cose is all
presumption, aud the jury find a verdict
of guilty, this Court will grant anew
trial on the ground of absent witnesses,
with greater liberality, than in a case
where the guilt of the uccused was muni
font from the proof.
Judgment reversed.
Johnson & McCaiuv, J. A. Glenn, for
plaintiff. C. E. Broyles, Solicitor Gen’l,
per 1). A. Walker, contra.
Benj. G. Pool, vs. Margaret Curry,
Executrix—Attorney’s fee note.
LOCHRANE, C. J.
Where A employed a law firm to defend
a case for a fee of $500, and had paid one
of the partners $250, aud upon the clos
ing up of the business of the firm, the
other partner being about to remove to
Texas, obtained a note for the balance
due, aud traded it, having agreed at the
time of tho taking of tho uoto to bo re
presented upon tho trial; and upon the
trial ono of tho partners appeared and
defended tho case, and the other, who
hud removed to Texas, was not at the
Court, aud was not represented, and
upon the trial of tho case, brought to re
cover tho amount of the note, the Judge
rlued out the evidence of this obligation
and agreement, and also the fact
that the maker had employed
other counsel, and charged the jury
in effect that one of tho law firm appear
ing in the causo in which the firm had
been employed generally, consummated
tho obligation of the contract:
Held, That under tho foots of this case,
the Court erred in rejecting the evidence.
It was admissible. If upon the dissolution
of a law firm, one of two partners gets a
note for his part of n fee, evidence of his
agreement to be represented on the trial
of the case, is competent in a suit ou the
uotc, and ought to be admitted to the
jury under the charge of the Court of
tho law’ applicablo to tho case.
Judgment reversed.
Warren Akin, for plaintiff; General
Wofford, contra.
Matrimonial.
Col. W. H. Atwood and Miss Tallulah
E. Butts, were married in this city on
yesterday, the 17th, by Rev. E. W.
Warren, of the First Baptist Church.
Mom on run Fata Gmound*.-Ainoug other at
traction! at Oglethorpe Park, the excellent Silver
Cornet Hood, from Marietta, under the leaderahlp of
Prof. J. D. Campbell, will disoourao music from the
amphitheatre, each day during tha Flair.
Tk* Fan.—There woe a decided Improvement yes
terday in the ettendance at Oglethorpe I*ark, though
at no time waa there a crowd npon the ground,
who were there were evidently intent upon
i, and were working to get their good*,
chtnery and Implements in place in time for the
large crowd that is expected out to-day. tiooda and
stock were arriving aU day. Even at dusk wagon*
and drays were seen going Into the grounds with
articles for extnbiUon. It is believed that the show
to-day wlUbea good one, and as. In deference
the request of tho Maj or and Council, the day ia to
be observed as a sort of holiday, there ia no doubt
that tha attoudanoe will be very large.
We purpoaely defer any menUon of any arUclee
on exhibition, because so mnch has yet to be placed
that the Fair cannot Its said to have really begun.—
While some departments are Crowded, others have
but few articles at present, though most of the space
has been taken. It Is believed, however, that every
thing will be on hand this morning, and a lively day
Trains will leavo the passenger depot at regular
Programme Per Wednesday.
„ , ^ at 10 o’clock a general leod-out of all
classes or Cattle will take place for the examination
alike Judges. Exhibitors must be on hand prompt-
ly at the hour.
Also, at tha oame hour, 10 o’clock, the trial ol
horses ia the following classes, will baglu:
DU AMTMEMT U-
Class 1. Heroes of alWork. George II. ▼arin*
best stallion over 4 yean old. tested by work on Um
ground, open to the world; best Mere. 4 yesrc oM
and awV. tested by work on the ground, open to the
world; best Jinwd Mai*. with mule soil by her side
best Brood Men. with colt by her side; best Tilly,
•wrEStertSir?*---
UrtoM1 Mare. Without colt; beet Filly, 3 yenrs old.
Cfcu* g. fastest Trotting Horses. FMfcat two
Sir?!
tare; best pair bar
under 13 hands; I
Oeeet. tetinmtj drmssk* SOCM. IMI oa Uu
HoIM. iMmI. Bortpalr ib.1v..
riJSuYl mJx Jnfc DIM) in Ik. forooooo,
aud 9 In the afternoon, half-past 2 o’clock,
bibiUcn may be expected.
Samuel ▲. Bcmous Secretary.
Francis Wright vs. J. D. W. McDonald —
Injunction.
LOCHRANE, C. J.
Where a note, given for the purchase
money of lumls, was traded after due,
and suit was instituted by the transfer-
roe upon each note, and went into judg
ment iu 18(57; aud, in 1869, (ho vendor
of the land died, aud his widow set up
her claim for dower in the lauds, and her
dower was allowed, on the ground that
the lands came by inheritance through
hoi, aud she had never relinquished her
right of dower; and tho venuoe filed his
bill in equity, praying an injunction,
which injunction was granted by the
Court:
Held, That the transferree of the note,
after duo, took it with the existing oqui
ties between tho original parties, and the
claim for dower in the lands was not such
an equity as tho defendant was bound
to plcud in a suit brought in 1867, os the
right of dower did not ripen until after
the death of tho vendor, in 1869, and
this Court will not interfere with the
discretion of the Court below in granting
an injuuotiou to restrain the proceeding
of the judgment at law, uutil a hearing,
under the foots iu this ease.
Judgment affirmed.
A Farnsworth, W. W. Guldens, John
son A MoCamy, for plaintiff; D. A
Walker, contra.
Beuj. F. Race vs. B. M- Wilkinson—Re
lief aet of 1870.
McKAY, J.
Where there was a suit brought ou a
bond for titles, alleging a breach since
first Jnne, 1866:
Held, That no affidavit of the payment
of taxes, under tha aof of 1870, is re
quired.
Judgment reversed.
E. D. Graham, D. A Walker, for plain
tiff; 8. H. Tatum, oontra.
W. W. West m John Haarom A Fred
Cox.—Relief act of 1870.
McKAY. J.
An affidavit, under tho act of 1870,
that the plaintiff has paid all legal taxes,
since he was tho owner ot the uote, tho
foundation of the suit is a substantial com
pliance with the act of 1879.
Judgment rafuiued.
Johnson k MeHenry fop plaintiff; W.
H. Dabney, J. A Olefin, oontra.
Wm. Solomon tk Daniel Lowry.—Relief
act of 1870.
McKAY, J.
That portion of tho of 1870 which
allows the owner of lands subject fa exe
cution to setoff against the judgment the
losses he claims to have suffered from the
lata war, in in violation of article 1, sec
tion 10, paragraph 1, of the Constitution
of the United States, and is, therefore,
void.
Warren Akin for plaintiff; A Johnson,
oontra.
Eli Garrett vs. Wm. Adrian.—Ejectment.
McKAY, J.
Where A, being in possession of land
under a bond for title, on payment of
tha purchase money, made by B, sells
the land to C, representing his title to Ik*
perfect, and makes C a bond for title to
be made on puyment of the price agreed
upon, (J having no knowledge of the de
fect. of A m title, in good faith goes into
possession after Ills purchase, and pays
his money in full, and remains in pos
session seven yea is:
Held, That C had a good title aguinst
B, the original vendor.
Judgment reversed.
Johnson <fc McCamy for plaintiff; D. A
Walker, contra.
a
Wm. Worthy vs. Aaron Kinsman and
Jesse Oobrge.—Trover.
McKAY, J.
Where a defendant relies on his title
by proscription, he can not tack to his
own possession the jHissession of former
holders of the property, unless he shows
the character of that possession, as to
its good faith, Ac., and thut he holds
ider them bona fide.
Possession by capture can only be set
up l>y parties belonging to regu'arly or
ganized bodies during the war, and we
think this is clearly a case of stealing, of
which the defendant should not be al
lowed to take advantage.
J. A Glenn, 8. P. Green for plaintiff;
McCutchen and Bhumate contru.
Wm. Brown, ve. The State.—Larceny.
McKAY, J.
Hog stealing is not such an offence as
cun be settled under 4609, of the revised
Code; and under a charge of larceny, the
property was described as one black pig,
with a w hite list, and one white one with
a blue rump, both without ear-marks,
and the two, of the value of two dollars,
and the property of James Drake:
Held, That the description is suffi
cient.
J. C. Reid for plaintiff; H. T. Morton,
District Attorney, contra.
T. A. Walker, vs. A. M. Rixey.
WARNER, J.
This was an action on three promisso
ry notes for the sum of $16,498, for the
rent of a plantation, in the State of Ala
bama. Two of the notes were duo the
25th of December, 1867, and the other
the 25th of December, 1868. The notes
were signed by defendant and Porter,
who rented the plantation as partners,
for three yours. After working the
plantation one ycur, Rixey, the defend
ant, came to this State. One of the
main grounds of the defendant was that
the plaintiff had ejected tho defendant
from the plantation ufter the first year,
and had satisfied the same in conjunc
tion with Porter, the other partner, for
the remaining two years. The evidence
quite voluminous and conflict
ing. On the trial tlio jury found
for the plaintiff $500 only. A motion
was made for a new trial on several
grounds—ono of which was, that the
Court erred ou charging the jury, ot the
request of defendant’s counsel, that, if
the evidence show’s that plaintiff' und
Porter have colluded together, and
have taken possession of the farm, and
havo excluded Rixey, the defendant,
from participation in its management,
then Rixey is discharged from liability
from the time of such collusion, and
eviction, and the jury may consider how
the cotton raised ou the place was marked,
how the crop was made, who controlled
the crops, and who made advances in de
termining this question. Tho Court over
ruled the motion for a new trial, and the
plaintiff excepted. In our judgment,
the Court erred in charging the jury in
relation to the plaintiff’s having colluded
with Porter, to take possession of the
farm, and excluding the defendant from
participation iu tho management of it,
inasmuch ns there is no evidence of such
collusion to authorize the charge. Not
bciug satisfied with the verdict, wo re
verse the judgment for error in the fore
going charge, and order a new trial.
Judgment reversed.
Underwood and Rowell, Printup and
Fouche for plaintiff; Wright and Eeath-
erstone, 8mith and Branham, contra.
E. G. Barney, Superintendent, and A. D.
Breed, Lessee Selma, Rome and
Dolton Railroad, vs. Ann Eliza Lacy
Demurrer.
WARNER, J.
This action was brought against the
Road in the comity of Whitfield, to re
cover damages for the death of plaintiff’s
husband, alleged to have been killed by
tho runniug of the engine and train of
cars on said Road, at Oxford, in the State
of Alabama. The defendant demurred
to plaintiff’s declaration on several
grounds, and especially on tho ground
that this action cannot, by law, be
maintained against tho Selma, Rome and
Dalton Railroad Company in tho Superior
Court of Whitfield county, Ga., because
it appears from the plaintiff’s declaration
that the injury was inflicted in Alabama.
This ground of demurrer was overruled
and defendant excepted. There is no
allegation in plaintiff'’s declaration
what is the law of Alabama in relation to
the alleged cause of action, and in tho
absence of any such allegation the Courts
of this State will presume that tho com
mon law applicable to tho alleged cause
of action is of force in that State. By
the common law the plaintiff could not
have maintained her action ngoinat the
defendant for the death of her husband.
The right of plaintiff to recover dam
ages for the homicide is conferred by a
special statute of this State, Code 2920,
but tho statuts of this State has no ex
traterritorial operation, and the Courts
of this State cannot administer it for the
purposo of redressing injuries in tho ter
ritory of Alabama. If it hail been affirm
atively shown that the law of the foreign
jurisdiction in which the injury was done,
was similar to that of our own as to the
alleged cause of action, then it would
have presented a different question. Al
though tho Courts of this State will pre
sume that the principles of tho common
Law prevail, and are in forco in tho other
States for the redress of wrongs and in
juries done there, as recognized by it,
still no snch presumption can obtoiii in
regard to the jHJsitive statute laws of this
State, when the same are in conflict with
the common law. If it had been alleged
in the declaration that the law of Ala
bama gave to plaintiff a right of action
to recover damages there for tho injury,
and hjpl sljQyn wfyat thaf Jaw was. then
the Courts of this State might, in the
spirit of oomity, have enforced that law
here. It is much, therefore, os it does
not affirmatively appear from the plain
tiff’s declaration, that in Alabama, where
tho injury was done, that the laws of that
State 4TU similar to our own in respect to
tho injury for wliiob redrpss is sought
hero under the provisions of onr statute,
so that the common law is not of force
in that State in respect to the injury
complained of, the Court below erred in
oveiTuJing the demurrer.
Judgment reversed.
Printup & Fouche for plaintiff; Joseph
A J. A- Glenn, contra.
executor of Clayton, plaintiff in ft fa»,
against McDaniel aod his tract of land,
defendants, and McDaniel, claimant—
Tho court, on motion, dismissed plain
tiff’s levy, on the ground that the taxes
had not been paid on the judgment of
the debts, as required by the act of 1870,
on the following admitted statement of
facts: The plaintiff’s testator, Clayton,
died iu November, 1864; that Akin, as
his sole executor, was qualified as such
on the first Monday in November, 1865,
and as such executor had paid all legal
taxes due on said executions since he was
qualified as such executor, hut that said
Akin had not sworn, and could not swear,
that the legal taxes had been paid on the
debts due on said execution prior to his
qualification as such executor, and this is
the ouly question. The court held and
decided that the act of 1870 requiring the
the plaintiff, as executor, to swear that
all legal taxes chargeable by law on the
debts on which the judgment * and exe
cutions were founded, had been puid
from the time of the makiug or implying
of the same, whereupon the plaintiff ex
cepted.
The testator died prior to the passage
of the act of 1870, and bis executor could
not swear as to what he had done iu re
lation to the payment of taxes on these
debts in his lifetime. The testator
could not swear, for the very obvious
reason that he was dead. The presump
tion, however, is, in absence of any evi
dence to the contrary, that the testator,
when in life, performed all his legal aud
social duties, and therefore paid all the
legal taxes charged by law on these debts,
and in view of this state of facta, we
think the Court f erred in dismissing the
levies of the plaintiff’s executions.
Judgment reversed.
John Doe, on the demise of Stevenson,
i. Richard Roe, casual Ejector, and
Shelton und others, tenants iu possession
Ejectment.
WARNER, J.
This was an action of ejectment
brought by the plaintiff on the several
demises ulleged in the declaration,
against the defendants to recover pos
session of a tract of land in Whitfield
County. The demise from BtevenMon to
plaintiff was alleged to have been made
May 1st, 1864. The demise from Raker
to plaintiff, December 5, 1869. The ac
tion commenced December 20, 1869.
The parties offered in evidence their re
spective title deeds to the land in dispute,
as well as other evidence in regard to
their claims to the land. After the testi
mony, closed, the defendant's counsel
made the point that the plaintiff’s cause
of action was barred by the act of 1869,
in relation to statute of limitations under
tho evidence in the case. The Court
sustained this position, and held thut
the plaintiff’s action was barred ami dis
missed it, aud plaintiff excepted.
The 7th section ofl the net of 1869, de
dares that all actions for torts of any
character ^whatever, when the torts or
wrong, was committed, ortho right of ac
tion accrued, or the injury was done,
whether to the persons or property of
any person or corporation prior to June
1st, 1865, by any person then, or now in
the State, or any inhabitant of this State,
which is not barred, shall be brought ancl
prosecuted within three months from
tho passage of this act, or the right of
action,as well as the right to sue, shall be
forever barred and foreclosed. This
section of tho act applies only to such
torts as were committed prior to June
1, 1865, and not to torts committed since
that date. If the defendant was in pos
session before that date, the plainti ff, to
recover for that wrong or injury, must
have sued within three months from the
passage of the act, but if the defendant
lias been in possession of the lands, since
that date, as the ovidence shows that he
was, then for tho wrong and injury doue,
since that date, the plaintiff was not
bound to sue within three months. Re
sides one of the demises in the declara
tion to plaintiff, is alleged to have been
made on December 5, 1869, and the de
fendant was in possession of the laud.
In our judgment, the Court should have
allowed the jury to havo passed upon the
evidence under a charge as to the law
applicable thereto, and it was error to
dismiss the plaintiff’s action.
Judgment reversed.
Julius P. Clements etal. vs. J. E. Logan—
Injunction.
WARNER, J.
This was a bill filed, praying an in
junction to restrain the defendant from
obstructing a road on hii own land. Aftor
hearing the argument, on a motion to
show cause why tho injunction should
not be granted, the Court refused to
grant the same, and defendant excepted.
It appears that the obstructions to the
road had been complained of as a nui
sance, aud a trial had before the Jus
tices of the Peace, and a jury summoned
for that purpose, and the verdict render
ed by them, that the obstruction was a
nuisance, which was abated by the Sheriff;
that tho defendant had obtained a cer
tiorari of the proceedings to the Superior
Court, and that the defendant had threat
ened to renew the obstructions to the
road. Tho complainants do not show
that they had a legal right to use this
road over defendant’s land, as a pri
vate way, either by prescription or
otherwise, uor does the evidenco show
that the Road had ever been established
by the proper authorities as a public
road, or that it had ever been worked or
recoguized by tho public authorities of
the county, os a publio road, so os to
givo complainants a prescriptive right to
use it as such over tho defendant’s land.
In view of the facts of this case, wo will
not interfere with the discretion of the
Court below, in refusing to grant tho in
junction prayed for.
Judgmeut affirmed.
McCutchen and Bhumate for plaintiff;
J. and J. A. Glenn, contra.
Charles Abercrombie, vs. Nathaniel Bax
ter, et al—Relief Act of 1870.
WARNER, J
Ac., “our rate on cotton from Dalton
to New York is $9 per bale. Hoping to
secure a liberal share of patronage from
Rome, I am, Ac.” And this letter was
shown to Montgomery, who shipped his
cotton to Kingston, on the Western and
Atlantic Railroad, and l»v the way of
Dalton, over the East Tennessee and
Georgia Railroad through to New York,
aud damages were incurred by delays on
the route, after it had passed over tho
road of the defendant:
Held, That the letter, written to R,
by the Railroad Agent, when shown to
Montgomery, did not, without some no
tice to the railroad, by him, that he had
shipped his cotton from Kingston to
Dalton, to be shipped by them in the
terms of said letter, constitute iu itaalf
an express contract so as to bind the
company for delay that occurred beyond
its terminus. The contract imposed by
the law, section 2058, was to deliver it
to tire connecting road as in good order
aud in due time. To require more, would
require an express contract, and the let
ter addressed to R, did not, upon being
read by Montgomery, constitute such an
express contract; and his act of sending
the cotton without notice to the Compa
ny, going over the entire route, and
transported by them os an intermediate
line, could not be regarded as embracing
the terms of an express contract, arising
out of the letter to B, as between such
consignor and the company, without no
tice to tho letter. Where the Court, on
the trial of u case, gave in his charge to
the jury, principles of law contravening
the laws of the 8tatc, it was error and a
new trial should have been granted.
Judgment affirmed.
McIC y, J., concurring; Warner, J.,
dissenting.
D. A. Walker, M’Cutcheu, A Shumate,
for plaintiff; Printup A Eoucho, W. II.
Dabney, contra.
Dally I'rovt-edingtorilic Supreme Court.
SUI’RKMB (k»ITRT OP GEORGIA, )
October 17, 1871. (
After the delivery of opinions io cases
heretofore argued, No —, Northern Cir
cuit, was taken up. It is, Executors of
L. J. Dupree vs. Lucy T. Dupree, et al.,
Probate of Will from Oglethorpe. Lin
ton Stephens, Peeples aud Stewart, Reid
and Morton for plaintiffs in error; R.
Toombs, J. D. Mathews, contra.
Pending the reading of the record in
this case, the Court adjourned till 10
o’clock Thursday morning, iu order that
those desiring may attend the Fair.
Annivehhahy.—The H. I. Kimball Iloueo celebra
ted its lirat anniversary last night, by an uniuually
brilliant bop, which waa attended by quite a i
ber of the elite of the city. Crittenden waa on hand,
hearty, genial aud happy, acting tho hoat|royaUy and
receiving the compliments aud congratulations of
hla friends with a suavity common ouly to himself.
It waa a pleaaent evening and every one present waa
merry as a married belle.
The Pacific Insurance Company and
the Chicago Fout.—The following dispatch waa
received by L. B. Darla, Agent Pacific Insurance
Company, of Kan Francisco, California:
Augusta, Ga., October 10,1871.
L. D. Davia, Agent Pacific Insurance Company, of
Kan Francisco, California: Chicago 1 oases heavy, but
will be paid as soon a* adjusted.
Ct liEUUAN H Johnson, Special Agent.
Aiiiiouni-t-menlKi.
nw MAYOR.
We are authorized to anuouuce JOHN
31. JAMES, :u} a candidate for Mayor at
tho ensuing election, subject to the nom
ination to be made by the Deaiocntie
Ward Meetings, on tho 27tli instant.
octlfl-tde.
Ljjitoku Sun : If JUDGE 8AM. Ji.
HOYT will suffer his name to be need as
a candidate for Mayor by tho Democra
cy, we have no doubt of his nomination
and election.
octl8-tde Many Cmms.
Warren Akin, eiec’r, vs. J. O. McDaniel,
I’residsnt Allatoons Iron Works. Be
lief set ot im
WABNEB, J.
This was a claim esse in favor of Akin, I
This was an affidavit of Illegality to an
Execution, on the ground that tue de
fendant had elected to give up tlio land,
which was tho consideration of the de
fendant, for wliicli tho execution wus is
sued to collect, in full discharge of bis
indebtedness to 'Ire plaintiff', under tho
provisions of tho I&tli section of fho act of
1870. The Court sustained the affidavit
of illegality, and orderod that the title to
the laud be vested in the plaintiff, and
tho exeoution against the defendant be
ontered satisfied; to which rating of
the Court the plaintiff excepted. This
ousc comes within the principles of the
decision ot Gann vs. Henry. Bo mnch
of the 15th section of the shove recited
act, as authorizes a defendant to give up
the property in his possession, tor which
tho contract was made, in full discharge
ot his indehtednes, impairs the obliga
tion of plaintiff's contract, ana is 'Uncon
stitutional and void.
Judgment reversed.
D. A. Walker for plaintiff; W. H.
Dabney oontra.
East Tennosaec aod Georgia Hailroad
Company vs. James Montgomery—
Contract.
LOCHBANE, C. J.
Where a letter was written toll., at
Home, by tho Agent of the East Tennes
see apd Georgia Kail road Company, iu
reference to inquiries made by If., iu
which the Agent states that arrange
ments are perfeebid fpr sending cotton
through to NeW fork, viq East Tenues-
s«q an* Georgia, apd connecting
lines, to Alexandria, by rail, and
thence by steamer without detention,
Steam Navigation Ofened in Atlanta.—A pretty
steamship plica daily backwards and forwards o:
lake at Oglethorpo Pork. Really thia^rainlaturo
steamer is worth looking at. It has all the regalia
of a full sized river steamer.
Lost—Last night, about the Kimball Houso,
*avat with Diamond pin attached. A reward will
be given by returning it to The 8un office or Kim
ball House Bar.
A number of carriage and buggy stalls on the Fair
Grounds are at the disposal of exhibitors who
the grounds in vehicles. F. rage may also be pro
cured ou the grounds.
s day during the Fair
QVmnstuienle.
DeGive’s Opera House
Director JOHN TE>II'LETON.
TO-NIGHT.
And Every Night
For the Fair Season!
The greatest Attractions. Tho Unequalled and I
Company of Stars, who havo achieved the
moat brilliant successes. New selec
tions nightly from their great
performances.
EAST LYNNE,
HEIR AT LAW,
LADY OF LYONS,
NOTRE DAME,
OIRALDA,
LEAP YEAR, l
Doors open each night at 7 o'clock. Performance
begin at 8 o'clock.
Tho old popular prices.
*W_ Tickets for reserved seats at Phillips k Crew 1
Book Store.
oct!7-tf
W. H. HOWABD. C. H. nOHDVAk
W. H. HOWARD k SON,
COTTON FACTORS
AND
COMMISSION MERCHANTS.
No. 2 WAItREN BLOCK, - - - AUGUSTA, GA.
Commission for Selling Cotton,
One and a Quarter Per Cent.
filled, and at the lowest cash price.
Liberal cash advances made on cotton
house. We extend all the facilities offered by Ware-
AINSWORTH’S STOOL COTTON,
The IVrjf Best Machine Thread
HEWING MACIIINE8.
Spool, Silk, all colors. $1 15 best; % ox. Hpc
Silk, all colon, 30c, best; 100 y'ds Spool, ;Silk,
colors, 10c, best.
FOR SALE AT THE
Urovor & Baker Sewing Machine Agency,
15 Whit.-lull Street, Next to Janies' Bank.
Tidies aro inWted to examine these Silks, which
for quality and cheapness cannot be excelled.
octmtf
Aircnts Wanted fbr
AH.STEPHENS
GREAT HISTORY OF THB WAR. Complete in on
volume. Send for circulars with terms and a full
description of the work. Address National Publish
ing Co., Atlanta, Ga., Philadelphia, Pa., or St. Louis,
Danforth’s Dentrifrice-
preparation
For sale by
octl7 tf RED WINE k FOX.
Peachtree Street
Photographic Gallery.
J U8T OPENED—ROQM BUILT ON PURPOSE. -
Ui lUrtl 8 $ 7 ' li * ht ° D tbC 9000114 floor * Opposite
octia-2t DR. C. W. PARKEB, Artist.
WA97TSED.
rjTWO OR THREE YOUNG GENTLEMEN CAN
soenro Boarding and Lodging in a first-class private
fkmily.
*r
atTHI
SASSEEN HOUSE,
(Formety United States Hotel.)
lORNF.U ALABAMA and PRIOR STRELTS, .\T.
J LANTA. GA.
E. R. SASSEEN, Agent, Proprietor.
POlt COUKCU.MKN.
The Muuy Rriends of Capt WM. B.
LOWE will give him a hearty support
for Alderman of the First Ward, shonld
he be nominated by the Conventlop, on
the 27th. octl8-2t
Mr. 0. V. CAHSIN will be supported
lor Councilman from First Ward. He
will not run unless nominated by the
Democracy, on the 27th inst Having
been faithful and efficient in the present
Council, we arc willing to risk him again.
oetl8-tdc Makt Voters.
Mil Editor—We learn that BOBEBT
J. LOWRY, who is one of the present
Aldermen from the Second Ward, will,
in a few days, settle permanently in the
Fifth Ward. He has, during the present
administration, filled with signal ability
the difficult position of Chai: man of the
Finance Committee. He has watched
the Expenditures closely. He is one of
our most promising, rising young men.
Large expenditures will be proposed to
the next Council, and sound business
men of firmness, ability and sagacity will
be needed to protect and foster the best
interests of the eity. He is snch a man,
aud his election is earnestly desired by
many voters and tax payers.
octl8-tf Mebch.
I ,o. nl und llusinesM Notices.
SECOND WARD ANNOUNCEMENT.
Judge C. C. Hammock and Dr. E. J.
Roach will be supported in the ensuiDg
Democratic Nomination for Aldermen,
by Many Democrats.
Still In the Field I
On hand and to arrive, one of the
finest and most select lots of Leather that
has ever been brought to this oity for
manufacturing purposes. Manufacture
Boots, Shoes and Gaiters, in the latest
New York styles. Satisfaction guaranteed.
Chas. C. Hushes,
oct!4-4t Pryor street.
Fish and Oysteb Depot—84 Whitehall
street—Wholesale and Retail. Oysters
$2 per gallon; Fish 25 to 45 cents per
string; Shrimp 25 cents per quart; Crab
75 cents per dozen—carefully packed iu
ice aud shipped to any point.
oct3 L. Cook.
Urn... Fresh chocolate creams made
regularly every week at Block’s Candy
Factory. Broken candv 20 cents per
pound—six pounds for a dollar. All
kinds of fresh Frenoh confectionery kept
constantly on hand. , sep 29-
SUPREME COURT OF GEORGIA.
Regular Order of Business.—Oases yet
to be Decided.
14. Northern 5
16. Augusta 10
16. Middle 1
17. Oemulgee 5
18. Eastern 6
19. Brunswick 5
September 6—tf
Atlanta & New Orleans
HHOItT UNE.
THE SHORTEST k QUICKEST DOUBLE
Dally Line From
Atlanta to the JtliaHssippl Hirer
VIA
WEST POINT, MONTGOMERY,
and Mobile, (or
IV E W ORLEANS,
AND VIA
WEST POINT, MONTGOMERY,
SELMA AND MERIDIAN,
VICKSBURG,
And all Intermediate Points.
01
Road as follows :
Leave Atlanta at 7:10 A. M.
Leavo Atlanta at 7:00 P. XI.
Arrive in Atlanta at ,,,.5:00 P. M.
Arrive in Atlanta at. 0,45 A, M.
Night trains run through to Montgomery WITH
OUT OHANUK OF CARS, forming a
DOUBLE DAILY CONNECTION
with Iralns of tho Mobile k Montgomery UsilrG.nl
for Mobile, New Orleans, and all points In Xcian,
and with Trains for Koima and Meridian, Ala ; Jack-
son, Corinth, Okalona, Vicksburg, aud all points In
Central Mississippi, Central Alabama and Northern
Louisiana.
Passengers will Dud this route 38 miles phorter
than tho Blue Mountain or any other route to Mont
gomery, Mobile and hew Orleans, and 47 miles short
er to Selma and ail points west of Selma.
Pasaengcrs leaving Atlanta
At 7:10 a. m., Arrive in Reims at 8:31 P. M-
At 7:00 p. m., Arrive in Selma at 10:33 A. M-
Making cloao connections with Selma and Merid
ian Road.
B ACC AGE CHECKED FOR ALL TER
MINAL POINTS.
tl- Aak foe Tickets via Weal Point sod Mont
gomery.
«4- Tickets for sale at the office of J. IJ. Porter,
General Ticket Agent, attne Union “ “ “
J. MADISON CUTTS,
Attorney s Counsellor at Law
ROOM 8 MAY BUILDING,
Cor. 7th and E Streets,
WASHINGTON, D. C.
* Practices in a’l tho Courts, before all Com-
ons, and in ilia Ihqiartmeute. octlT-lm
D s
Va., has taken rooms in the Davig nail building
Creases ont. basted and made lathe verv latest
styles, on short not.ee and on most reasonable rates.
Satisfaction guaranteed. 0Ct2 lm