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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