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SUPREME COURT DECISIONS.
Novum an 7th, 1871.
Kxeoutors of L. J. Dupree n. Lucy Y.
Dupree et al.
LOOHRANE, 0. J.
On aooouut of tho very large amount
of business before the Court st the pres
ent term, it has been impossible for
Judge Lochrane to consult the an
thorities upon important principles of
law involved in the decision of tho above
case, and wo, therefore, order that the
judgment of the Court In this coho be
poetpoued until the next term of this
Court, under the provisions of the Con
stitation of this State.
E. F. and W. W. Lawson, executors, et
al. va. J. W. Grubb, Administrato.-.
LOOHRANE, 0. J.
Where it appears from the bill that the
complainant nnd a judgment at law for
the amount of his debt, he has an ade
quate remedy by levy and sale of the pro
perty of defendunt, and equity will do.
assn me jurisdiction to enforoe by a de-
oree of the Court the collection of the
judgment already obtained; where the
allegations of the bill set up insolvency
merely; where the processes of the Court
is the proper remedy, and demurrer to
aoeh a bill ought to have boon sustained.
Judgment reversed.
E. F. Lawson, J. S. Hook and S. A.
Corker for plaintiff; A. R. Wright
and J. F. Sherman contra.
Mary M. Marshall vs. E. S. Cohen—Nui
sauce.
LOCHRANE, 0. J.
Where a landlord runts a store in a
building of which the upper stories were
rented out to other tensuts, and there
was a water closet in the upper part,
which, by reason of obstructions thrown
in by the other tenants, overflowed and
damaged goods in the store:
Held, That the landlord was liable.
The fast that the overflow was caused by
the negligence of the other tenants, when
the proof showed that the landlord had
previous notice that the closet was in a
bad condition, and the foot that it w as in
the premises at the time of the renting,
and that the plaintiff had access to it,
but did not use it, do not change the
liability. It is llie duty of a landlord to
keep the premises free from tho con
sequences arising ordinarily from
the use of a . water closet, whiob
becomes a nuisance from its very
nature, wheu not properlv used nnd rt-
tended to, and if the landlord fails to
keep it properly attended to, and dams
gea ensue from his failure, he is liable.
Judgment affirmed.
T. E. Loyd for plaintiff; G. A. Metoer
oontra.
Emerline and J. W. Johnson vs. Jno. JL
Kelley—Guardianship of Idiot
LOCHRANE, 0. J.
In a contest for the guardianship of an
idiot, a colored man, one npplioont being
a white person and tho other an only sis'
ter and nearest of kin to the want, the
proof showing that both were objeotion
able, the Court charged the jury that,
other things being oqnal, relations wore
to be preferred,
Held: That, under the .Code, .Section
1700, this charge did not, in its full
meaning, preaent the provisions of the
law to the consideration of the jury. The
language of the code is, “among collate
rals applying for guardianship, tho near
est of kin, by blood, if otherwise unob
jectionable, shall be preferred.” The
philosophy of tho law is wise, ami its
administration ought to bo cuforcod
Judgment reversed.
G. F. Bartlett for plaintiff; Key A Pres
tos, Peeples It Howell oontra.
J. J. Bell and B. J. Mims vs. C. 0.
Thorpe— Rule against Sheriff.
LOCHRANE, C. J.
Held, that under the facts of this coho,
the Sheriff, though out of offioe, was lia
ble to rule, under tho provisions of the
Code, and it was error in tho Judge, upoi
the trial of n traverse of the Sheriff's
answer, to reject evidence of the fact that
the defendant in 11 fa. hail property
in hie possession sufficient to settle the
judgmeut at tho time of tho return of
nails bona by such Sheriff upon the exe
cutions, and as such evidence was admis
sible and ought to have been submitted
to the jury for their consideration, under
the charge of the Court as to the whole
MM.
Judgment reversed.
\V. U. Quulden for plaintiff
A M. Stone vs. H. S. Wetmoro—Quo
Worrauto—Military Appointments.
LOCHRANE, C. J.
Under the facta in this cose, Held that
Oeuerol Terry did not, by liis removal of
Wetmore as the Ordinary of Chatham
Go. and his appointment of Stono thereto,
oonvey such a title to the oiflee, as upon
the application of Stone to the civil
courts, they could enforce under the
Constitution and laws of this State.
Held, again, The foots recited in the
petition for quo warranto, to-wit, that
Stone, after the removal of Wetmore, was
appointed to the office, and tiled his
liond. and'waa oommisionod by the Gov
ernor, did not confer snob a right to the
office aa the civil oourta can recognizo.
The commission did not oonvey more
than the order of appointment upon
which it was based, and that appoint
ment expired with the power that gave
it oxifloiioe.
Held, again, That appointments under
the reoosaunetion acts of Congress to the
civil offices by the General’s comMmd.
was not by virtue of the Constitution of
the State, but by power of the acts of
Oongreea, and did not confer upon the
incumbent any title to the same longer
than the acta themselves were of force.
Judgment affirmed.
A Sloan, Wm. Donghetty for plaintiff;
Hartridge A Chisolm, Jackson, Lawton
ABeesinger, contra.
MflUdgeviils "
jeville Manofactoring Company
va. G. S. Bivea—Attachment. '•
Mo KAY, J.
Where an attachment had issued against
A., and at the trial term, it was u.;teed
that B. should be^ubstitutod for A :
Held, That this was a dissolution of
the attachment, and the cause stood up
on the fooling of an ordinary suit at law
against B., with a waiver of service.
An agreement to allow a certain instru
ment in writing, to bo used ns evidence,
waives all objections to it for want of u
stamp.
A settlement was made in 1867, of a
oontract made in 1862, payable in Con
federate currency, the basis of the set
tlement being the value of Confederate
money at the date of the contract, which
the debtor then paid in cotton at 30 cents,
a pound, though it was really worth only
26 cents. The parties also made an
agreement in writing, that if the Courts
should afterwards establish the rule that
Confederate oontracte were to bo settled
aooorJiug to the value of that currency
at maturity, they would modify their set
tlement accordingly.
Held, That the right of the plaintiff
to open the settlement, Ac., is made by
the agreement to tarn noon the rale that
Confederate contracts aro to be settled
according to the value of that curronoy
at maturity. Before the plaintiff conld
recover in this case, it was incumbent on
the plaintiff to show that the Courts had
so decided.
Jadgmeut reversed.
Wm. McKinley, for plaintiff; Linton
Stephens, contra.
Charles Merriwether vs. Missouri Smith.
Contracts.
MoKAY, J.
Where a oontract for laborers, entered
into on Sunday, but tbo labor was per
formed afterwards:
Held, That the promisor canuot de
fend by sotting np tho illegality of the
oontract.
When a wife, by the consent of her
husband, makes a contract for her own
labor, in which oontract it is agreed that
she is herself to receivo tho compensa
tion for the labor, she msy, under onr
law, sue and recover in her own name.
Judgment affirmed.
Key A Preaton, Peoples 4 Howard for
plaintiff; Q. T. Bartlett oontra.
Biokford A Iloldmao va E. B. Ohipmnn
—Surprise.
Mokay; j.
A new trial will not bo granted because
a witness swore on the trial to n fact
wholly unexpected to the plaintiff, who
at the time knew this stateme nt was false
and that he conld so prove by a witness
whose testimony ha could have procured
had ha thought such evidence necessary.
He ahouid have moved for a eontinnanoe
of the ease. He cannot take bis chances
for a verdict in his favor and tbon plead
surprise, as there was some evidence as to
tho iageuey of the witness, this Court
will |not disturb tho judgment of tho
Court below, in refusing a new trial.
Judgment affirmed.
A. W. Stone for plaintiff; Law, Lovell
A Falligaat, H. B. Tompkins oontra.
A. M. Ross vs, John Williamson—Pro
ceeding to obtain hooks of predecessor
in office.
MoKAY, J.
In a proceeding by an incoming offlcor,
who Las been commissioned and
sworn, against the old officer, to compol
him to turn over the books of tho office
as provided in soctions 161,2, 8, 4, 6 and
6 of the Code, tho oourts will not go be
hind the commission to inquire into the
legality of the election and tho eligibility
of the new ollioer. The simple fact that
the ollioer elected docs not give bond and
take the oath of office in tho time requir
ed by law is uot sufficient to work a for
feiture of his office. It must affirmative
ly appear that the failure was by tho fault
of too officer.
Judgmeut affirmed.
A. W. Stone for plaintiff; Hartridge A
Chisolm contra.
A B. Smith vs. tho Ordinary of Chatham
—Mandamus.
MoKAY, J.
A solicitor general elected in 1HII7 is
estopped from olaiming compensation
under a law passed in 1867 and repealed
in 1866. That oeotion of tho Constitu
tion of 1868 whioh confirms noarly all
the acts ot the Legislature of 1865 and
1866 was ODly inteudod to quiet doubts
and was unnecessary to give them validi
ty. In any ovont, they were tho acts of
a body in harmony with the United
States and good proprio vigors.
Judgmeut affirmed.
Tompkins A Garrard for plaintiff.
Executors of Martha Whitffold vs. 8. J.
Wellborn—Tenancy.
WARNER, J.
This action was brought by tho exeeii
tors to recover possession of a tract of
land in Jasper county. Tho plaintiff
proved tho defendant iu possession, and
that lie rented it from Whitfield in 1804.
Ho also proved the value of the yearly
rental, and that the premises in dispute
won a part of the land which witness’
father, itobinson, owned ill his life-time
On cross-examination tho plaintiff's wit
QCJS stated that defendant went into pos
session of tho laud in 1*58, and had been
ill possession ever since; tout Whitfield
was iu possession of tho land; that de
fendant never olnimcd tho laud as his
own; that it was generally agreed by all
tho parties that tho defendant should
take possession of the land. After the
plaintiff hint closed the evidence the de
fendant mode n motion to mnko McAfee
and others, who were the devisees of tiie
laud under the will of It., parties dufen
dant to lay a foundation to introduce evi
dence to show paramount title to the
land in them, and to prove that tho de
fondant wont into possession of the laud
under them us thoir tenant, which motion
the Court overruled, and the defendant
excepted.
|t The defendant then introduced him
self os s witness to prove that be was not
tiie tenant of Whitfield, but of porsous
churning under tho will of John Robin
son; that R. had been possessed of the
land for forty years prior to his death iu
1807. This witness was rejected, because
the plaintiff's testator nas dead, and
excepted.
The defendant offered, in evidence,
oettifiod copy of the will of Rohioson, to
shov- the title in McAffeo and others,
wliich the Court rejooted, and tho defen
dant exoeptod.
The defendant offered to prove by the
plaintiff’s witness the same facta, which
the Court would not allow, and defendant
exoeptod.
The jnty found a verdict for the plain
tiff, and defendant moved for a new trial,
because of errors in the above rulings,
which motion was overruled.
While we recognizo the general rule
that the tenant cannot dispute the land
lord'* title, yet, under the facta here, we
think the Court should have allowed the
larties to be mode, received the will of
A, and evidence us to tho identity of
the land in the will, and as to whether
tho defendant was tenant of the portion
claiming under the will, or whether he
was in poaaeaaion as teuunt of Whitfield.
Then the Court ahouid have charged the
jury aa to the law applicable to landlord
and tenant, and left the jury to find the
foots. There was no error in rejecting
the defondaut aa witness, the other party
being dead. See Executrix of Robinson
vs. Lesptrot, decided this term. We or
der a new trial.
Key A Preston, Peeples, for plaintiff;
W. A Lofton, contra.
Bussell vs. Chambers—Intruder's Act.
WARNER, J.
This *u a proceeding to remove an
intruder under the 4000th section of the
Code. The defendant filed aconntor affi
davit, and upon the issue thus formed,
the case came on for trial in the Superior
Court. The jury passed for defendant.
A motion was made for anew trial and
overruled, and the plaintiff' excepted.—
From the facts there was reason in over
ruling that motion. Tho defendant claim
ed possession in good faith, and under a
legal right, aa shown by his deed for the
same. If the manner of entry thereon,
under that legal claim of right made in
good faith to the poaseeaion of the law,
was not legal, the plaintiffs remedy was
for forcible entry and detainer, and for
an action to recover poeaesaion, but he
could not be removed as an intruder un
der the Code. 39 Ga. R. 197.
Judgment affirmed.
Ur lianas Dart, Jr. vs. L. J. Dupree.—
Motion for new trial.
WARNER, J.
This was an action on an open account
for wages. The jury found for the plain
tiff 8118. A motion was made for a Dew
trial, on the ground that the verdict was
Contrary to law, to tho charge of the
Court, to the erideooe, and to tue weight
of the evidence. The motion was over
ruled and the defendant excepted.
The evidence was oonflictiDg, and the
jury wero the judges of the credibility
of the witnesses and tho weight they
were entitled to in view of their interest
and their relationship to the parties. In
such a case the uniform rale has been
not to interfere with the vredict, where
no rnle of law has keen violated in sub
mitting the facts to the jury, which
probably might have produced a differ
ent result, especially when tho presiding
Judge is satisfied with the verdict. We
find no error in the record that author
ize this Court to set aside the verdiet and
grant a new trial.
Judgment affirmed.
Harris and Davenport for plaintiff;
Harris and Williams contra.
J. J. McGowan vs, W. M. Davidson et
al.—Injunction.
WARNER, J.
This was a bill to restrain the defendant
os Tax Collector of Chatham county,
from oolloating a tax on spirituous
liquors in 1868, alleging that there was
no tax duo thereon for that year; and, also
from collecting a penulty of 81000 for uot
making their return for liquors sold by
them during the first of tho year 1869, prior
to 18th March, 18G9, the date of the act.
By tho 8th seetion of the act of 1868,
providing for a specific tax on liquors
sold, it in ejprpssly provided that that
section is to go into effcat from and alter
the 1st of Ootobor next. Tim not is da
ted the 5th October, 1808, but the 8th
section thereof was not to go into effect
nniil the 1st of October uoxt therea t -r,
which would bo the 1st of October, 1869.
In view of tho provisions of tho Consti
tution which was adopted iu 1868, .it can
not be said to bo of force in relation to
thia act, after the new Constitution and
the -passage of tho subsequent acts of
1808 and 1869. Our conclusion, then, is
that tbero wax no hi of forco iu 1868,
subscqnont to tlio adoption of 181)8,
whioh will authorize tlm tux collector
now to collect the tax on spirituous
liquors for that year, subsequent to that
time, and that ns tho act of 1869 was not
passed until 18th March, 1869, it would be
a harsh construction of it, to say tho
least, that the complainants should be
compelled to pay the assessment of 81,000
for not making their returns for that por
tion of the year 1869 prior to the date of
tho act. It is true the act is retroactive,
inasmuch os it dcclurcs that the 8th sec
tion of it shnll go into effect from and af
ter tho Idth day of January, 18G9; but
the defendants could not have known its
f rovisious prior to its passage, on the
8tli March, 1869, so us to regulate ttieir
conduct by it, nnd now to assess them
$1,000 for uot doing what they were not
required to do, until the passage of the
act, would be contrary to the fundamcn
tal principles of justico.
Judgment affirmed,
A, W Stono for plaintiff; R. E. Lester
contra.
J. K. Jones vs. J. W. L ithrop A Co.
Commercial Law.
WARNER, J.
This action was brought ngaiDst tho
defuudunts us the drawers of flvo bills
of exchange, dated Savannah, 9th
July, 1867, for £200 each payable
to the order of plaintiff, iu London,
at sixty days after sight, and directed
to Robert Hnchinson, Liverpool, us
(lie drawoo. Thu defendants pleaded
that in avowing tlicso bills, they acted
merely ns the factors of the plaintiff iu
shipping his cottou to Liverpool to be
sold thoro, aud that tho bills wero drawn
by thr u upon the proceeds of the sale of
plaintiff's cotton, as iris agents, aud under
tiis instructions, according to the known
nnd usiiul custom of trade in such cases,
nod not on thoir own account, nnd that
they hod uot received any valuable con
sideration therefor front the plaintiff, as
the drawers of said bill.
It nppears from the uvidonco that at
tbo lintu those bills were drawn, Hutch
inson, to whom the cotton was shipped,
and iqum whom tho bills wero drawn,
was of good credit and standing
merchant; but before the bills wero pre
sented for payment be bcoame insolvent.
The evidence on tho trial was quite vo
luminous, being the written correspon
dence between the parlies in relation
t<r the sale of the cotton aud to the
sate Jof these sterling bills used
wliich bud bueu delivered by the defend
ants to the plaintiff. The jury found for
the defendants. A motion was made for
a new trial and overruled, and tho plain
tiff exoeptod.
This aotiou is brought against these
drawers for no neglect of duty, as the
lectors and agents of the plaintiff and
the question is, whether they are liable
os such drawers, The general rule of
law is, that the drawer of a bill of ex
change ie liable for tho payment thereof
to the payee named therein, and is found
ed on the theory that the drawer has
funds iu the hands of the drawee, whioh
he sells or sssigus to the payee foi
uable consideration. But this pn
tion as between the original contracting
parties may be rebutted aud overcome
by the foots aa between them.
What ore tho faota of the cose ? The
plaintiff hod eighty-five bales of ootton,
which, boj desired to have shipped to
Liverpool and sold there, and reoeive in
payment therefor sterling bills, and for
that purpose sent his ootton to the de
fendants, aa hit factors and agents in
Savannah. The ootton was received
by the defendants about January 26,1867,
who wero instructed to ship the some to
their correspondents in Liverpool for sals.
In obedience to their instrnctioue, they
shipped the ootton to Hutohinaon, who
received and sold tho same, rendering an
aooouut of sales to defendants, dated
Liverpool, Juno 5, 1867. The aooount is
thns stated, “Aooount of sales of 85
bales of ootton par Sullivan from Savan
nah, sold by Robt Hutohinaon for ao
oount ot J. R. Jones, Esq., per Mean*.
J. W. Lesptrot A Cm" The ootton wai
not sold on aooount of defendants, but
on account of plaintiff, aud the proceeds
of the sale wan not |the property of de
fendants, bat of plaintiff To enable the
plaintiff to receive the proceeds of the
cotton in the hands of Hutchison, tho
defendants' correspondent in Liverpool,
tbfifo bills were drawh according to the
uragf* And eastern of trade ill siloh cases
and efetc sterling bills iu the Commercial
sense of the term. The evidence shows
that the ullage was to avow 00 days’ bills,
as was done here, by the commission mer
chant in H.tvsunah shipping the cotton;
taut it was the custom to put the procceila
of the cotton sold in Liverpool to the
credit of the merchant shipping, but
the accounts at Liverpool showed to
whom the cottou belonged, and no person
except the merchant shipping the cotton,
conld draw from the proceeds, who
wonld settle with his principal to whom
the ootton belonged; that the ac
counts rendered in this esse were ac
cording to the usage and eastern of trade.
TheaebiUa therefore, were in fact drawn
by the defendants on the shipping
factor and agents of plsintiff, to enable
him to reoeive the proceeds of his cot
ton, and were not drawn for any valuable
consideration received from him.
After these bills were drawn and the
account of sales rendered, they were de
livered to him and he retained them in
his possession nearly three months
without objeotion, and in the mean
time, corresponded with the defendants
os to the beat time when to dispose of
them at the highest premium, or ster
ling bills and finally transmitted them
to the defendants to sell for him,
as his agents, when, in their jadgment
they conld realize the highest market
value. Therefore, os late as the 20th of
October, the olaintiff wrote the defen
dants to purchase three barrels of pork
ami deduct tbo price thereof from the
sales of the bills of exchauge then in
their hands for sale. Alter tho defendants
bad informed tbo plaintiff of the failure
of Hutchinson, he wrote them on the 8th
of November: “The loss of the money
will be a terrible blow on me—financially
speaking. I feel T Wy blue an the sub
ject. You will please koep me regularly
advised of any new developments in the
matter, and for me see what can lie made
out of the matter.” Again, on the 23d
of November, he wrote them that, “if, by
tho 1st December next nothing satisfac
tory is received or heard from Mr. Hutch
inson, and you see no reasonable chance
to make anything out of tho bills for
the present, or at an early date, to re
imburse you tor the pork sent me, I will
remit the money to you lot the pork,"
It is quite apparent that up to that time
the plaintiff did not consgler the defen
dants personally liable To him as the
drawers of these hills, and he then had
full knowledge of all the facts. gRV
The relation of principal and agent
arises whenever one person expressly, or
by implication, authorizes another to act
for him, or subsequently ratifies the act
pf another in liis behalf: Code 215”,
The form in whioh the agent acts is ini
material. If the principal's name is dls-
olosod and the agent professes to act for
him, it will be held to be the act of the
principal: Code 2169. The plaintiff’s
name was disclosed by the defendants ss
the owner of the cottoo, when shipped to
Hntohinsolf by them as the agents of
plaintiff, and the nccouut was rendered ns
the proceeds of the sale of plaintiffs cot
ton, according to the usage and custom
of trade, nud not ns tho defendants’ cot
ton, The agents’ authority will be con,
strued to include all necessary and usual
means for effectually executing it: Code
2170. According to the evidence the
drawing of these bills by the defendants
ns the factors and shipping agents of plain
tiff was the necessary and usual means to
enable them as such agents to obtain the
proceeds of the cotton in sterling bills.
When the agency is known and tiie credit
is not expressly given to the agent, he is
not personally liable on the contract.
Tho question to whom the credit is given
is a question of fact for tho jury in each
case—Code, 2185. As between the de
fendants and the plaintiff, their agency
in this shipment of his cotton to Liver
pool, and procuring sterling exchange for
the proceeds thereof, according to the
usual custom of trade, was well known to
him, and the question whether the plain
tiff received the bills from them on their
credit, ns tho drawers thereof, or on the
credit of his own ootton shinped 'and
sold by them in Liverpool, by his agents,
was a question to be doolded by the jury
under the evideueo.
Whatever might have been the liabili
ty of defendants, os drawers of these
bills, if the same had been negotiated
and in the hands of a bona fide holder
for value, it is not necessary to discuss in
this cose. Tho main controlling qa ra
tion presented is, whether the defond
ants are personally liable os drawers in
this case. In our judgment they are not,
and ns there is no material error in the
charge of the Court to tho jury, or in
refusing to charge as requested, and the
verdict being right, under the law, ap
plicable to tho [sets of the cose, we are
of opinion that tho jndgment should be
affirmed.
Lochrane, C. J., concurs: McKat, J.,
dissents.
Lyon, deGraffeuried A Irwin, Jack
sou, Lawton and Rossinger for plaintiff;
Harden A Levy, oontra.
Cegal Qkbmtieemonit,
Georgia—Douglas County.
A J. FARMER, AND H. C. B lIZEL, SAVING AP.
PLIED to mo for permanent letter* of Adiuinia-
tratiou on the eatate of Joseph Farmer, late of aaid
by law, aud allow cauae. If any they can, why perma
nent Administration should not be granted A. J.
Farmer aud U. C. llalxol, on Joseph Farmor's eatate.
Witueaa my baud aud seal, thia Oct. 14th, 1871.
W. W. Hindman,
Ordinary.
Executor’s Sale.
,N THE FJRST TUESDAY IN DECEMBER, AT
the City Hall, iu Atlanta will be sold, at Kxecu-
half of lot No. 335 and 300 acres of lot
No. 334, Stone's District, Fulton county. The land
Uea about seven miles from Atlanta,
road leading from Green's Ferry to East Point,
About half the land is under cultivation, the
other half well tlmbored.
It lies well, and is desirable property. The half
lot No. 335, haa a residence and other improvements.
Sold as the property of Mrs. N. H. Key, deoeased
TERMS—One-half cash; the baliance in twelve
01
oetlTvlawtds*
4. A. WILSON. Executor.
GEORGIA, DOUGLAS CO.
Ordinary's Orncx, 1
October 19th, 1871. j
T^LIZABETH BENNAFIELD, haa applied for ex-
-1-J smption of personalty, and 1 will mum upon the
same at my office at Douglaavtlle, on the 4th day ol
November next at one o’clook p. *.
W. ,W. HINDMAN.
oat NUT. Ordinary.
▲ RARE OPPORTUNITY FOB INFEST*
■ENT.
Fine Flouring Mills For Sale.
I orris vos sale my mills known as **j.
W. Phillips Mills." on Bear Creek, Campbell
county, 4)» milee northwest of Palmetto, on the A.
A W. 1\ R. R.
The building ta 34x38. three stories high; stone
iundation 31 feet high—all in flue condition. It
is a pair French Buhre, one of Ateopne. a superior
California Biuntter. and turns out 15 barrels Flour,
W bushels meal, per day. Haa a 13 foot over
wheel—conld be M feet; never falling water
power of 45 to 40 horoe; place easy of access— An#
road to the Depot, and in a beautiful and convenient
place for a Factory. J. W. PHILLIPS,
oet31-d4tw3t Palmetto, Oe.
flotcl Dimtorji.
SASSEE K HOUSE,
(Formerly United States Hotel,)
EH A LABI
> LANTA, GA.
E. R. BAS8EEN, Agent, Proprietor.
GEO. W. HAS SEEN, Clerk.
REYNOLD’S HOTEL,
NEW NAN - - - GEORGIA.
[FORMERLY McDOWELL IIOUSE.]
ntc Bell win Rates %% 00 PER DAY.
W. AC. Reynoldm,
octas-tf Proprietor.
KENNESAW HOUSE,
MARIETTA, - - GEORGIA,
FFER8 PARTICULAR INDUCEMENTS TO
families desiring Cheap aud Comfortable win
ter quarters; only one hour's nde from Atlanta.
Rankin II ouno,
COLUMBUS, GEORGIA.
J. W. RYAN, Proprietor.
octSl-tf FRANK GOLDEN, Clerk,
B RO W N’S HO T EL,
MACON, GEORGIA.
mHIS SPLENDID FIRST-CLASS HOTEL IS THE
X largest and best Hotel in the City. It is situa
ted immediately opposite the General Passenger
Depot, and for Comfort, Elegance, Economy and at
tention of its Employees aud attaches it offers great
er inducements to the traveling public, than any oth
er house In the Southern States.
nov3-tf W. F. BROWN k CO,
1805 KSTABLI8I1KD, 1805
STUART RAILROAD HOTEL,
Opposite Depot—VALDOSTA, GA.
rnHIS HOTEL IS CONVENIENT TO BUSINESS.
X pleasant)) located, attentive servants, and
charges moderate. 0. T. 8TUART.
nov5-tf Proprietor.
LITCHFIELD HOUSE,
AC WORTH, GEORGIA.
rpABI.E ALWAYS FURNISHED WITH THE
X beat the market affords
novt-tf
Atlanta & New Orleans
SHORT LINK.
THE SHORTEST it QUICKEST DOUBLE
Daily I.ine From
Mtanta to the .Wisstsslppi Hitter
VIA
WEST POINT, MONTGOMERY,
and Mobile, lor
NEW ORLEANS,
ADD VIA
WEST POINT, MONTGOMERY,
SELVA AND MERIDIAN,
VICKSBURG,
And all intermediate Points.
Double Daily Passenger Trains wiUruji on this
ltoad as follow* )
Leave Atlanta at T:10 A. M.
Loave Atlanta at 7:00 P. M.
Arrive In Atlanta at 5:00 P. M.
Arrive in Atlanta at...., 6:45 A. M.
Night trains run through to Montgomery WITH
OUT CHANGE OF CARS, forming a
DOUBLE DAILY CONNECTION
with trains of the Mobile k Montgomery Railroad
for Mobile, New Orleans, aud all points in Texas,
and with Train* for Selma and Meridian, Ala.; Jack-
aon, Corinth, Okalona, Vicksburg, aud all pointa in
Central Mississippi, Central Alabama and Northern
Louisiana.
Passengers will find this route 98 miles shorter
than the Blue Mountain or any other route to Mont
gomery, Mobile and New Orleans, and 47 miles short
er to Selma and all points west of Selma.
Passengers leaving Atlanta
At 7:10 a. m., Arrive In Selma at 8:33 P. M.
At 7:00 p. m., Arrive in Selma at 10:83 A,
BACCACE CHECKED FOR ALL TER
MINAL POINTS,
49* Fare as cheap and accommodations as good
as any other route.
49- Ask for Tickets via Wckt Point and Mont
gomery.
4A~ Tickets for sale at the oflloe of J. H. Porter,
Geuoral Tloket Agent, at the Union Passenger Depot.
L. P. OR4NT,
Superintendent.
W. J. HOUSTON,
General Passenger Agent oct2-tf
HOME
Insurance Company,
OE NEW YORK.
Cash Assets. October 1, 1871 94.733.306 53
Losses at Chicago will not exceed 3,000,000 00
Leaving cash assets, October 13,1871... $3,723,306 62
ft. On tho lGth instant st s meeting of the Stock
holders, it wss unanimously resolved that, sfter pay
ing the Chicago losses, whatever they might be, they
would make up intact the
Cash Capital 2,500,000
MAKING CASH ASSETS
$4,000,000!
Til 18 PLACES THE
HOME
Upon the same SOUND BASIS it haa heretofore oo-
cnpled, and gives to all its Policy Holders lbs best
possible eeourity that oan bo offered by
Any Company.
THE HOM E
Continues to Issue policies at all Us Agencies, and all
saee will be promptly paid, as usual,
CHARLES J. MARTIN, President
A. F. W1LLMABTH.
Vice-President
D. i
Watches, Jctsilrg, (fit.
SOM ETHING NEW
LAWSHE & HAYKES,
THE OLD RELIABLE.
T ) OUR FRIENDS AND PATRONS, GREETING. WE HAVE JUST
Received and opened our Fall Stock of
RICH AND BEAUTIFUL JEWELRY,
Embracing all the LATEST STYLES of the BEST GOLD, and
AT PRICES LOWER THAN WE HAVE BEEN ABLE TO
OFFER BEFORE.
Our WATCHES RUN FROM THE FINEST JURGENBEN down to the bwer
grades ol SWISS AND AMERICAN WATCHES. In foot, we now luve
a full, beautiful and almost entirely new stock.
Co, ao uud See Us. Price and Bo Convinced.
sej>tl9-d2m^
New Route to Mobile, New Orleans
Vicksburg and Texas.
Blue Mountain Route
V I A
SELMA, ROME, AND DALTON
Bail road and its Connections.
TJA8SENOEBS LEAVING ATLANTA D7 THE
i a 8 I x la a n!Tc KAmSSIflBS
at 10 A. M., making close connection with
FAST EXPRESS TRAIN
Of Helms, Rome and Dalton Railroad, arriving at
.Selmaat 8:10 P. M.
aud making oloae connection* with train of Alabama
' Central Railroad, arriving at
Meridian 4:00 A. M.
Jackson 11:50 A. M.
Vicksburg 3:55 P. M.
ALSO, make close connection at CALERA with
traina of South and North Alabama Railroad, arriv
ing at
Montgomery 7:10 P. M.
Mobile 7:45 A. M.
NcwOrleana 4:95 P. M.
The Road boa been recently equipped aud it*
equipment ia not surpassed by any in tho South
for strength and beauty of flniah.
tar No change of car* between Rome and Selina.
PULLMAN PALACE CARS
run through from ROME VIA MONTGOMERY to
Mobile without change.
NO DELAY AT TERMINAL POINTS.
Fare a* low aa by any other Route.
49* Purchase Ticket* via Kingston at tbo General
Ticket Office, or at (he H. I. Kimball Home.
JOHN B. PECK,
General Passenger Agent.
E. G. BARNEY,
General Superintendent
E. V. JOHN80N. Local Agent
septl8-tf No. 4 Kimball House,
The Palace Dollar Store.
M 0
rO
L. B. PIKE,
PROPRIETOR.
Good* sent io any part of the country.
augI9-lm
GARRIAG-BaT
Buggies ! Harness I!
I N CONSEQUENCE OF THE DULLNE89 OF THE
season, and haviug a larj<o iiupply of tho above
on haud, I beg to announce that I wiU sell my pres
ent »tock at considerably
REDUCED RATE8.
For workmanship and style, I have a well-estab
lished prestige; and 1 have long maintained a oom
petition against every other in my line in the
STATE OF GEORGIA.
Parties visiting the Fair will find it to their inter
est to give a call at my Repository.
Also, keep a foil stock of Carriages, Buggies, &o
made by KIMBALL BROTHER 4 , Boston,
octieim A. T. FINNS
mi'RRAY‘8 LINE—NEW
a IRK. Sr SAVANNAH.
EVERY TUESDAY fbok each pom.
INBOUANCE BY 8TEAMEM OP THIS LINE OKU
HALF PER CENT.
X
VIRGO, BULKLEY, Commander.
Compose this line, and one of these steamship*
leaves each port EVERY TUK8DAY.
Through bills of lading given by these steamships
by ail railroad connections, and also through bills
lading given in Savannah on Cotton destined for
Liverpool and Hamburg by first class steamships.-
For freight or passage, apply to
HUNTER k OAMMELL, 84 Bay street.
PHILADELPHIA AND SAVANNAH MAIL STEAM
SHIP COMPANY.
HHMAjtDKLHUIot jIJITD Al-
I'JlArjrotH.
EVERY SATURDAY now oacb ran
INSURANCE ON OOTTON BY STEAMERS ON THIS
LINE ONK HALT PEB OJtNT.
CABIN PASSAGE
DECK, with suhaletenoe ie
This Ur* is oompoaed of the first class steamships
r passage, apply to
P HUNTER 4 OAMMELL,
34 Bay street.
For New York,
THE GREAT SOUTHERN STEAMSHIP COMPANY.
, EVERY THURSDAY.
Insurance by thia Line oan be effected under cm
open policy at one-half per cent,
CABIN PASSAGE
The first class steamers
Herman Livlngitsae, Chessemau, Com,
Gen. Barnea F. G. Mallory, C\oa,
WIU aaUts foUows:
H. LIVINGSTON October Gth. at 12:30 r
. “ " 90, »t 12:30 v
GEN. RARNES »< J3, at 4:30 r.
“ '« 37, at 4:30 r.
BUla of lading glvan hereon ootton and wheat thro,
to Liverpool aud Hamburg via New York by first
close steam era. For passage or freight, apply to
WILDER 4 FULLARTON.
novfl-tf No. i Stoddard's Upper Rang*.
THE
Baltimore 8s Savannah
1,000 BUSHELS
Red Rust Proof Oats
Steamahlp Zilno.
LJTKAMSUIP '‘SEMINOLE" U,K0 TONS), C.,t
C5 S. H. MATHEWS.
8 Btomrtip ORIENTAL •• (7M too.), apt F. K
SMlIng from uch port on the loth, 00th uul Mh
of every month.
Through bills of lading given to principal point*
South snd East.
Freight and tnsuranoe at low rates. Good pu*
sengcr accommodations.
*ept36-tf
Gao. M. Lvov, Assistant-Secretary.
JNO. C. WHITNKK,
Atlanta, On.,
Sooth Carolina, Florti
ippL oct.U-lw
Dissolution Notice.
fPHE FIRM OF MESSRS. BRUMBY 4 McPHEU-
X BON is this day dissolved by mutual ooneeat,
Wallace McPherson to oonUnue the boslneai at the
stand. No. 108 and 105, Peachtree street, when
be wUl be gled to see the many friends and patron*
of the late firm. aovT-fit
“ CHEAP COAL.
LANTA LUMP CO*L by the Car Load. Load-
Oar* at our Lilacs at fle per. bnehei, or will
deUvertt ou Cara, in the city at 23c per. bnehei;
also, floe Cool on Cara loaded at mines at 4c. per
buabol.
Thia ia the loweat figure Coal ha* been furnished
parties purchasing ia large qualities. We claim that
cool is equal to any, superior to a great many
and inferior to none.
EEKNEDY 4 MORROW.
Coal Merck seta,
Knoxville, Tenn.
A|p>nta Wanted 1*op
GREAT HISTORY OF THE WaR. Complete In one
volume. Send for circulars with terms and a full
description of the work. Address National Publish
ing Oo.. Atlanta, Oe.. Philadelphia. Pa., or St. Lonio,
Mark W. Johnson’s,
0Pr08ITE
Cotton Warehouse, onj Broad Street.
ALSO:
300 Bush. Selected,Seed Barley,
*50 Bush, seed Hye, to arrtrr J
500 Bush. Seed Wheat,
*10 Bush. Bed Clover,
*15 Bush. Bed Top or Herds
Brass.
2*4 Btssh. Orchard Brass,
100 Bush. Tati JTIendow Oat
Brass, to arrive,
175 Bush. Blue Brass, and all
. _ _ _ -Awl of Director*;
other useful Brasses, v —- ATLANTA
500 Ctrl. Fresh Turnip Seep } V ^
ALSO:
1 OO Tons Sea Fowl Ftiwan a,id
other Guano, for Wheat, Etc.
ALSO:
500 Dixie Ptoses and other
Plows, from $3^50 to fS 50, cheaper than home
made “Scooters."
ALSO:
The Belter Patent Brain Brill,
For sowing Wbest, Etc.
HTEAM8IIIP COMPANY,
mHE STEAMSHIPS OF THIS LI1
J- Either port every five (5) day*.
Through Bills of Lading and Passenger Tickets,
issued to all points in Georgia, Alabama, and Flori
da.
The ship* ore aU first class, and oompoaed ai fol
lows:
Saragossa....,,.,, Capt. HOOPER.
America Capt. BILLUPS.
North Point Capt. FOLEY.
Fannls
BOSTON A8AVANNAII
/k
Mark W. Johnson’s,
p. o. box aa, AttoaK Ofc
the
I’lllL.inELPHIA AJiD ATLANTA
WINE & LIQUOR CO.
No. 3 Broad Street,
ABE THE SOLE AGENTS FOR THE
NOTICE
TO HUPTURED PKRStyN&.f"
v ZH. use* loin iuatant, wiD* «• '*
ABDOMIN^ll^^u.
OF
RUPTURE,
Without inconvenience to the
Patient, or restriction in
Exercize or Diet.
INC devoted his time exclusively to the stud y
and treatment of Abdominal Hernia, in its varu>u»
forms and stages, respectfully announce* to Uw
public that he has opened an office, Room *Vo. 3.
Capitol Building, Atlanta. Go., where, during bun-
ness hours, each day. he can be oonsultod.
During an experience of over twenty years, Dr. R.
has treated several thousand raptured patients of
both sexes and of all ague, a great number of whom
were restored to health, vigor and a sound body.
This has been effected hy assiduous study and **»•
nae of his invention*, In conjunction with hi* popu
lar remedies, being an eiternal application promot
ing a speedy and permanent cure, without the *«>•
ferine* and injuries resulting from tho rigid and in
to be annoyed by a return ot I
be enabled to take the moat active exercise n
c* on horseback, with perfect security sgsiuat the
dangers of strangulated Hernia.
Dr. R*wi>« Abdominal Snpportcr.
Bellof and cure for Female. Uterine or Abdominal
i weaknesses. Corpulency or general Debility.
light and comfortable.
i The New York Methodist, of 9th May. 1886, highly
recommends Dr. Rowe's snoceeafol treatment
I RUPTUIUC8 and DEFORMIT1K8. The editor h«*
extensive acquaintance With liis pattenU. and posi
tive knowledge of very wonderful cure*. li»* Ulfrr .'
fore invitee the eorneet attention of the arth« u*»
and the closest acrutluy of the profession.
No charge for examination under any circtinintan-
ere whatever. I invite Ut* ruptured, aud all I"*-
sona luten-eted, to call and examine for them*** I"*
Positive certificates of many radical cure* esu l <
ahowu—among others, several clergymen.
Don't forget the add re as,
DR. J. L. ROWE.
Room r Capitol Bull 'ing
novfl-lm. AtlauU. «■»
Danforth’s Dentrifrice.
TjYOR CLEANSING AND PRESERVING THE
X 1 TEETH and Purifying the Brmth, is the best
preparation in uea.
For sale by
riT-tf RED WINE 4 FOX.
NORTH GEORGIA
Fe male College*
T HE RECORD QUARTER OF THE FAlX 8L<-
WON will open on MONDAY, the 13th inau- 1
4V* Room for Seventeen More.
•ov3.tr A. J. HAILE.