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The Daily Herald
THCKSDAY. JUNE 19, 1873.
me IIEKALD PL'BUSBIJB CO.MPASY,
AI.KY. ST. CLAIR-ABRAMS,
ilEIRV W.•RADY,
II. A. ALSTON,
Editors and Manager*.
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TO ADVERTISERS.
Tiie l»oi»a flue r
Herald U larger
tut ion.
The lion a fide <
Herald 1* inoic i
tiuii of the Dally
tabic that of the
We nr
,i4rnl to verify
Our State Exchanges.
printers lately working for it, nrr,.-. . J on ac-
The Savannah Morning News has hail all the
e ,mit of a scurrilous circular issued denounce
iug its workmen and editors in severe terms.
They will be prosecnted to the extent of the
law. In the meantime the News appears reg
ularly, presents a line appearance, and seems
to he thriving, notwithstanding the “s: ike."
Eslill is a hard man to w Lip.
Talbotton has subscribed S23.0O0 to tho
Supreme Court Decisions.
JJelivered at Atlanta, June 17, 1873.
AS REPORTED BY CAPTAIN HENRY JACKSON,
SUPREME COURT REPORTER.
L W. Hazlehurst vs. J. H. <fc J. D. Morrison.
Assumpsit, from Wayne.
WARNER, C. J.
The plaintiffs, as executors of George Mor
rison, deceased, brought an action against
the defendant on a promissory note made by
the defendant, payable to the plaintiffs’ testa
tor or order, for the sum of $1,136 75. The
defendant filed no plea at the first term of
the Court, denying that the plaintiffs were
executors, or that they were not entitled to
maintain ibeir action against him in that ca
pacity. When plaintiffs sue in their repre
sentative capacity on a note due to their
testator or intestate, and there is no plea in
abatement filed at the first term of the Court,
by the defendant, the plaintiffs are not
required, at the trial term of the Court, to
prove that they have been legally appointed
executors or administrators. It would be
otherwise if the letters testamentary or of
administration constituted a part of the
plaintiffs’ title to the property sued for.
Macon and Western Railroad Company vs.
Davis, 14tb Georgia Reports, 679.
Let the judgment of the Court below be
affirmed.
Smith A Mershon, represented by Lester k
Thomas, for plaintiff in error.
J. S. Wiggins, represented by Z. D. Harri
son, for defendants.
Susan A. Clinch, et id., vs. Ferrill, Weslow,
et al. Injunction, from Camden.
WARNER, C. J.
This was a bill filed by the complainants
against the defendants praying for an injunc
tion to restrain the sale of the corpus of cer
tain trust property set forth in the bill. The
presiding Judge refused to grant the injunc
tion, and the complainants accepted. It ap-
North and South Railroad, and that enter- pear^ in the record that Hopkins devised cer-
prise is being shoved ahead. The Governor j tain lands to Bessent and Lang, in trust, for
has indorsed their bonds to the extent of * u '
$12,000 a mile.
A colored fire company iu Columbus bought
an engiue with the picture of the former white
foreman painted-on it. The Caueasion color
sickened them to such an extent that they
painted the picture black, as they conld not
remove it.
The Rome Firemen have called a conven
tion of all the Firemen in the State to form a
Firemen’s Association, for the purpose of “el
evating the profession,” we snppose. They
call for a meeting of delegates in Rome in
next September. It is a good moveimnt and
should be shoved ahead.
The Monroe Advertiser says that 5*49,703
worth of guano and $374,492 worth of pro
visions have been sold in Forsyth since Janu-
the use of his dauehter Susan during her life,
and after her death to and for the use and
benefit of the issue of her body. Susan in
termarried with Clinch,'and bis five minor
children who, with their mother, are the
complainants. It also appears that Ferrell
and Weslow, in the year 1869, instituted suit
m the Superior Court of Camden county,
against the trustees of Mrs. Clinch for the
sum of $1,748 86, alleged to have been for
advances made by them to Mrs. Clinch, one
of the cestui que trusts, with the assent of the
defendants, for the use of the plantation be
longing to her, and for the support of her
children, and for the purchase of work ani
mals employed in the cultivation of said
plantation. On the 11th of November, 1869,
a general judgment was entered up against
the defendants for the sum sued for with in
terest and costs, without specifying in the
judgment the property out of which the money
was to be made. An execution has been
ary 1st, and that $18,300 worth of whisky has j issned on the judgment ^and levied by^ the
been consumed in the county since the rant ""
date.
The Brunswick Lumber Trade - Heavy
Increase. Under this hi ad the. Appeal says:
As an evidence cf the wonderful increase of
ibis trade in our city, we submit Il.e follow
ing comparative statements of the lumber
shipments during the months of March,
April and May of the years 18/2 and 18/J—
the figures being furnished us by the clever
and accommodating Collector of Customs of
the District of Brunswick. Without com
menting at length on this wonderful in
crease of solid and legitimate business, we
confidently express the opinion that
another twelve months w ill show even a
greater increase in this business Ilian was
sho*n during the past three mouths. But to
the facts and figures as they appear: During
‘ -- ~ ‘872,
shipped 1,486,347 feet foreign, 3,110,000
coastwise, making a total of 4,596,317 feet.
During the three same months ending May
81, 1873, there was shipped 5,085,451 feet
foreign, and 4.876, 0000 le:t coastwise, mak
ing a total of 9,911,454 L.et. Tbt-se figures
show an increase of 5,315,107 feet or owr one
hundred aud twenty per cent. All branches
of trade in the city lias experienced the bene
fit of this magnificent increase of solid busi
ness, and developed in equal ratio. We are
confident that our port will ship during tho
is a part of the true estate. The execution is
not set forth in the record, but we presume
that it follows the judgment. The object of
the complainant’s bill is to restrain the sale of
the corpus of the trust estate under the exe
cution issued upon this general judgment
obtained against the trustees. The claim of
the plaintiffs to authorize a sale of the trust
estate, must have beeu for articles or property,
or money, furnished for the use of the
trust estate, aud the judgment should have
specified the trust property to be bound for
the payment of it, so that the execution
might have followed the judgment in that
respect. The cestui que trusts were not par
ties defendant to tbe execution, and could
not have filed an affidavit of illegality.
Making advances for the use and benefit of a
hoist estate, is one thing. Making advances
for the use and benefit of those who are ea
ring, or cultivating a trust estate, is quit<
different matter, which those who make
advances, will do well to remember. (See
Satte-iwhite vs. Beall, Stewart & Ansley, 24th
Georgia report, 525.) In view of the facts
alleged in the complainants’ bill, it was error
in the presiding Judge in not granting the
injunction prayed for. Let the judgment of
the Court below be reversed.
Smith & Mershon; Harris k Davenport;
Lester & Thompson, for plaintiffs in error.
A. J. Bessent; J. C. Nichols, represented
by Z. D. Harrison, for defendants.
1873 Irom forty lo fifty million foot ofj j ohn ' Savage vs. E. It. Smythe, et nl., Trover,
manufactured lumber.
The Columbus Sun of Saturday has the
fjllowing items:
Postal Cards. - Fifteen thousand wi re re
ceived at the Columbus post-office Wednes
day, aud up to last evening, three days, eight
thousand had been sold. They are going
rapidly, and will sell much more speedily iu
the fall. Two of our warehouse firms ha\e
eich ordered fi teen thousand for the fail
trad*.
En Route to the Albany Penitentiary.
On the Western train at Opelika, yesterday,
Mr.
Randolph
d of ilhcit
t’onrt ru M
t gl.OUft .
The
large, fine-looking
y, who was lately
tii.ing in the I'nited
•aery, and sentenced
1 < no year’s imprisoc-
) penitentiary.
iriffin >* vs vs: “Onr city was
ud horror stricken on yesterday
morning at the announcement that Joseph G.
Sears, Esq., had beeu run over by the train
down at the depot, and the rush to that point
was immense. The particulars of this terri
ble affair are about these: Mr. Sears being the
conductor on the freight train, stepped in be
tween two cars, for the purpose cf
uncoupling them, when the train com
menced backing, and he walked along
bolding to the bumper, when by
some means the brake or axle caught his
foot drawing him down and running up on
bis person. In this condition he was dragged
a few feet, when the train was stopped and
then pulled down so as to relieve him. On
being taken out his body was found to be
terribly bruised, a large wound in his back,
and his face badly hurt, fie was taken into
the room at the lower end of the d pot, and
medical attention called in. It was found
that bis spine and right side were fearfully
injured, and at seventeen minutes past
twelve he died, or within two hours after he
was injured. He spoke only once or twice
after he was taken up, and then only a request
to raise him up.
The Walworth Murder.
THE PARRICIDE PLEADS NOT GUILTY - HE IS TO I
BE TRIED IMMEDIATELY.
Frank H. Walworth was arraigned in the
Oyer and Terminer yesterday on tLe charge of
killing his father, Mansfield Tracy Walworth.
The boy’s appearance is nnprepossing. His
cheek bones are high, and he looks more like a
plough boy than a law student. The prisoner
was attended by his counsel, Messrs. A. Beach
and ex-Judge Garvin.
District Attorney Phelps moved his arraign
ment
The Clerk directed the prisoner to stand,
and asked whether he pleaded guilty or not
guilty to the indictment and demanded a
trial?
Young Walworth rose, twirling his soft felt
hat in his band, and answering the last part
of the Clerk’s query, said, “Yes, sir.”
Judgo Garvin (rising)—He pleads not
guilty..
The District Attorney said that he was
ready to proceed with the trial.
Judge Ingraham inquired what day bo de-
B’red set down?
Mr. Phelps answered that Monday week
would suit him.
Judge Ingraham said that Judge Davis
wished, if any day were set down, that it be
for next week.
Ex-Judge Garvin nrgffd that Monday two
weeks would L»e as soon as the defense co nld
get ready, that their witnesses were in a dis
tant part of the State.
Mr. Beach also said that it would be unfair
in the counsel for the defense to consent lo
go to trial with any less than two weeks pre
paration.
Judge Ingraham said he would not set down
any day after next week, not knowing what
Judge Davis (who was holding the term) de
sired to do.
It was then agreed that the day of trial
should pe arranged between counsel aud
Judge Davis to-day.
Was ever the mania for ad captarulum titles
curried to more absurd lengths than in the
lie “girl book” literature ot the day? “We
•• “Oar Girls,” “The Other Girls,’*
21d Fashioned Girls,” “ One Poor
©ly a Girl,” “The Rescued Girl,”
aooessful Girls,” and “The Girl He
are a few of this ridiculous swarm
^romantic titles. Aud now we are
the “Ugly Girl Papers” on cosmetics,
which have adorned Harper’s Bazar* done np
in a book. VUtni let pttiles fillet
from Chatham.
WARNER, C. J.
The plaintiff brought his action of trover
against the defendants to recover the value of
seventeen shares of Southwestern Railroad
l&tock, which the plaintiff alleged the defend
ants bad converted to their own use. On the
trial of the case the jury found a verdict for
the plaintiff for the sum of $1,819. A mo
tion was made by the defendants for a new
trial, which was granted by the Court, and
the plaintiff excepted. It appears from the
evidence in the record that the defendants
were partners, doing business in the name
of E. D. Smylhe & Co.; that the plaintiff
agreed to loan them the seventeen shares of
stock for the purpose of raising money for
the benefit of the firm. Plaintiff and Butler,
one of the partners, who was the son-in-law
of the plaintiff, applied to Palmer & Deppish
for a loan of money, who were willing to
make if, provided the plaintiff would transfer
the title of the stock to them to secure the
payment of the money, which was done on
the books of the railroad company. When
the money borrowed from Palmer & Deppish
became due, another loan was negotiated with
Wallace, Camming k Co. to pay it; there
upon, Palmer & Deppish transferred the
stock on the books of the company to the de
fendants, who transferred it to Wallace, Cam
ming k Co., they holding the title to the
stock as security for the money advanced by
them. This was all done with the knowl
edge and consent of the plaintiff, who stated
that the loan of the stock was to be returned
to him upon his demand. When the firm of
E. D. Smythe k Co. was dissolved, the plain
tiff made a demand of his stock from the dc-
lendants, but conld not get it. Smythe said
he would return it only w hen he got ready.
The money ($1,500) advanced by Wallace,
Camming k Co. to the defendants, for the
security of which the title to the stock was
transferred to them by the consent of the
plaintiff, has not been paid, and the question
iu the case is, whether the plaintiff can main
tain an action of trover against the defend
ants for a wrongful conversion of the stock
on the statement of facts disclosed by the
record. According to my individaal judg
ment he cannot. Trover may be maintained
when one has in his possession the personal
goods of another, or has sold them, or used
them without the consent of the owner, and
refuses to deliver them when demanded. The
defendants did not have the possession of the
railroad stock when the plaintiff demanded it
of them, but it was in the possession of
Wallace Camming A Co., where it had been
placed by the defendants, with the plaintiff’s
consent. They had not made any unauthor
ized use of the stock against the plaintiff’s
consent, which in law would amouut to a
conversion of it. Mere nonfeasance is not a
conversion, as if one employed to sell goods
has neglected to sell them, or where one
promises to pay money to redeem stock and
does not do it. All that can be said in this
case is that the defendants by their mere
nonfeasance, have failed to pay the debt due
by them to Wallace Cumming A Co., to secure
the payment of which the stock was trans
ferred to them by the plaintiff’s consent, and
which they had the right to retain as against
the defendants and plaintiff, until their debt
was paid. The demand of the stock by the
plaintiff of the defendants, when they did
not have the possession of it and when he
knew that they did not have the possession of
it and when he did not have a right to the
immediate possession of it, did not change
the legal aspect of the case, in my judgment,
so far as the question of the conversion of the
stock by the defendants is concerned. But
the majority of the Coort are of the opinion
that if it had been shown by the evidence in
the record, that at the time of the plaintiff’s
demand of the stock or at the time of the
commencement of this action, the debt of the
defendants to Waliace Camming & Co., had
become doe, and for the payment of which
the stock was pledged with the plaintiffs’ con
sent, the refusal or omission of the defend
ants to pay that debt, and redeem the stock
on demand of the plaintiff, would hare been
such a conversion of it as would authorize
the plaintiff to maintain trover for it* recov
ery, or the value thereof. Inasmuch, how
ever, os the evidence io the record does
not show whether the debt of the defendants
Wallace Cumming k Co., was due at the time
the plaintiffs’ demand of the stock was made,
we all concur in affirming the judgment of
the Court below in granting the new trial.
Let the judgment of the Court below be
affirmed.
George A. Mercer, represented by Henry
B. Tompkins, for plaintiff in error.
Hartndge k Chisolm, Harden k Levy, for
defendants.
McCay, J., having been of counsel did not
preside in the following case:
E. W. Seabrook, administrator, vs. Wright
Brady, administrator. New trial, from
Dougherty.
WARNER, C. J.
This was a bill filed by the complainant as
administrator de bonis non of Barton J.
Dennard, deceased, against the defendants to
set aside a sheriff’s sale of ceitain described
lands on the alleged ground of fraud, and to
recover the possession thereof for the purpose
of administering the same for tho bouefit of
tho creditors of his intestn'e. Oa the trial
of the case, the jury under the charge of the
Court found a verdict for the defendants. A
motion was made for a new trial on the sev
eral grounds set forth therein, which was
granted by the Court, and the defendants ex
cepted. It appears from the evidence in tho
record, that in tho year 1851, William Den
nard, the father of tho complainant’s intes
tate, died, leaving a widow, Jane Dennard,
and two children, Burton T. aud Jnlia, the
latter having intermarried with one William
M. Brady. William Dennard, at the time of
his death, left a will by which he devised one-
half of the land in controversy to his wife
Jane, together with other property, and the
other half of the land, together with other
proper y to his son Burton, giving to his
daughter Julia, only fifty dollars as her full
share of liis estate. Julia and her husband
Brady, entered a caveat to the will, aud dur
ing the pendency thereof in Court, a compro
mise was made between Brady and wife, and
the other parties claiming under the will,
whereby it was stipulated that the caveat
should be withdrawn, and in consideration
thereof, that Jane, the widow of the testator,
should receive the property devised and be
queathed to her by the will, and Burton
T. agreed that out of the residue of the
estate to which he was entitled under
the will, that he would convey to
Wm. M. Brady in'trust for his wife Julia,
an amouut equal to one-tbird of the
whole estate of which Wm. Dennard, deceased,
owned and possessed, so soon as he should
arrive at the age of twenty-one years, and
executed a bond with security in the sum of
$15,000 for the faithful performance of the
agreement. This conveyance was never exe
cuted by Burton T., but after he became of
age he and Brady purchased the widow’s one-
hall interest in "the land, and went into the
possession of it, and remained there together
until the death of Burton T., in 1853, when
William M. Brady took out letters of admin
istration on his estate, and held the possession
of the property of Burton T., as his adminis
trator, including three-fourths of the land in
controversy, when he sold the same in Octo
ber, 1856, to the defendant Dawson. William
M. Brady died in January, 1857. The deed
from Brady to Dawson is dated 10th October,
1856, and was executed in Dougherty county.
A relinquishment of Mrs. Julia Brady’s
interest in the land conveyed to Dawson
by ber husband, whether as dower or
otherwise, purports to have been exe
cuted by her on the 30th of December,
1856, in the county of Sumter, and witnessed
by Mr. Raraldson, Clerk of Superior Court.
Since the death of Brady, his widow, Julia,
has intermarried with Wilcher, and was ex
amined as a witness on the trial, and stated
that she did not know the contents of the
paper signed by her on the 30th of Decem
ber, 1856, and was caused to sign it by fear
of her husband, Wm. M. Brady. The fraud
alleged in the sheriff’s sale is that the defend
ant and his attorneys made representations
at the sale to prevent bidders as charged and
set forth in the bill and substantially ad
mitted in the answer, whereby the defendant
purchased the land for $20 00. Some of
the questions involved in this case have been
before this Court on two former occasions,
between different parties, and have been ad
judicated. See Johnson, et al. vs. Brady, ad
ministrator, de bonis non, 24th Go. Hep., 131.
Crawford et al. vs. Brady, administrator,
de bonis non, 35th Ga. liop., 184. This
Court has decided that Mrs. Brady, now
Mrs. Wilcher (the claim of Jerry Cowles be
ing out of the way) has the highest claim
under the agreement of compromise to be
paid out of the property of her father’s estate
which came into the hand > of her deceased
brother. In other words, that her claim to
be paid the one-third of the whole estate of
her deceased father, constituted a charge upon
that estate iu the hands of her deceased
brother of the highest character, aud that it
survived to her on the death of her husband.
The property of Wm. Dennard, which went
into the hands of Burton T. under his will,
bound under the decision of this Court for
the payment of that debt or charge, ar.d the
lmd in controversy being a part of that prop
erty, the heirs of Burton T. took it subject to
that debt, or charge, which the judgment of
the Court declared was fastened upon it. and
a purchaser of that property from the heirs
or by her husband, before her debt was paid,
she stood with the same right as all other
creditors, the right to subject all the property
of her debtor to due administration and pay
ment of debts.
I have said, if there had been no debts
against the estate of Burton T. Dennard,
William M. Brady’s sale, without the rejoin
der of his wife, would have been good, ex
cept as to her right of dower, which is not iu
question here. He was the husband of Juliet
M. Brady, the sole heir of Burtou T. Den
nard, and a sale by him would have been tho
assettion of his marital rignts to the property.
Alter such a sale an administrator of Burton
T. could not recover from this purchaser un
less ho showed on the trial “that it was nec
essary for him to have provision for the pur
pose of paying the debts.” Code, section
2450. And the condition being that there
were no debts, and no necessity “ for making
a proper distribution,” he conld not recover.
If there be debts, then it is clear the adminis
trator could recover.
In this case the administrator charges that
there are debts. He does not specify any in
his bill, not even the claim of Mrs. Wilcher,
and further shows he was aware of the pur
chase of the defendant from M. W. Brady,
the husband. No point was made of this
omission to set out the debts which
bill, even if the receiver had been appointed,
and had possession of the effects of the Com
pany, under the order of the Court.
Judgment affirmed.
O. A. Locbrano for plaintiff in error.
Hines & Hobbs; Lanier & Anderson, for
defendant.
Lyon, McLendon k Co. vs. Henry Clews &
Co. Equity, from Glynn.
McCAY, J.
Where, during the progress of a cause iu
equity, there was a reference of accounts to a
master who reported, and his report was ex
cepted to, on matters of fact and of law, and
before any final action on the exceptions, the
Judge permitted one of the parties to with
draw his account and substitute another.
Held, That this was a mere interlocutory
order, aud not such a judgment as can be
brought to this Court betore a final judgment
in the cause.
Hines it Hobbs, Lanier & Anderson, for
plaintiffs in error.
O. A. Locbrane, for defendants.
J. I. Whitaker, for the use, etc., vs. John D.
Dope. Assumpsit, fiom Fulton.
McCAY. J.
Where an action was brought by A. for the |
use of B. agiiust C., aud it appeared on the j
ATLANTA PAPER MILLS,
A tlanta paper mills—j as. ormond pbo-
pbietob. For “News,” wo refer to thia istiue
ol this paper.
APOTHECARIES.
( TOLLIER ~k VENABLE, Wholesale and retail Drug-
j gists and Prescriptionists, corner Peachtree aud
Decatur streets.
C 'l EO. J. HOWARD, successor to Howard A McKay.
T Wholesale and Retail Druggist, at the Old Stand,
Peachtree street.
AGRICULTURAL WAREHOUSES.
T HEN WILSON A GO., Brood street, next door to
• the bridge, makes advances to planters. A full
lino of Agricultural Implements, Publish! rs of the
Rural Southerner.
M ARK W. JOHNSON, Dealer in Agricultural Im
plements, Seeds, Guano, etc. Advances made to
planters Marietta street.
J. N t
AUCTIONEERS.
WILLIAMS. Acutioneer an
Merchant, Marietta street, u--ar 1
made on consignment*.
BAG JIAMFACIOUY.
J 1
A 1
Peachtree and Wheat streets.
GUNS. PISTOLS, Etc.
I EWIS H. CLARKK, Dealer
J Hats, Caps, Furs, etc., N«i
Whitehall street.
HARDWARE AND CUTLERY.
FAINTS, OILS, GLASS, ETC.
J NO. T. HAGAN A CO., Wholesale Dealers iu Burn-
ing Oils, Lamps, and Fancy Groceries, 114 White
hall street, Atlanta, Ga.
SICS AND FRESCO PAINT1NC.
W M. MACKIE can l»« found #t bis old sti
where orders will 1>* attended to. Krnos/
Bro. can he found at the office of the above. G,
necessary to pay,” nor the creditors, nor was j fac8 of tlil > declaration that "the suit was I ITtLSAS, MAY k CO.. Deii.r. mud Mi
any objection made on the tnal to the evi- brought for th e use of B. and C. neknowl- I i'aptf andCotton Bags,Twine, Rope, Old Metals,
j .U-* edged service and waved a copy of the decla-
deucc that Mrs. Wilcher was a creditor.
There was no proof of any other debts. The
defendant sought by his answer and proof,
to show that Mrs. Wilcher was not a creditor,
who could have her debt enforced against the
propertj bought by him from her husband,
and also at Sheriff’s sale; that she had joined
her husband in the conveyance; that her
debt should be credited or paid with certain
money alleged to be in the administrator’s
hands received fiom the defendant; and that
to allow a recovery for ber benefit would be
to permit her to commit a fraud on him, etc.
Thus the whole contest was made to turn on
the question whether Mrs. Wilcher could en
force her claim or debt ou this land, and this,
too, when she was not a party.
In my opinion, no decree that she has no
legal right lo enforce her iudgmeut, if she
has a judgment, or should obtain one, against
the property, or that tho administrator
r Pryor an«l Mitchell str< ets. Atlanta. Ga.
ration before the writ was tiled
Held, That the acknowledgment of ser
vice and waiver of copy, so charges C. with
notice of the equitable rights oi B. that he
cannot afterwards, before the writ is actually
filed, buy tip a debt against A. aud plead it
as an offset unless he iu some way affirmative
ly make it appear that wLe i he did so ac
knowledge service, he did not know the suit
was for the use of B. A mere general state
ment that when he bought the offset he did
not know of the transfer to B. is insufficient.
2d. A set off is a cross action; a debt can
not be pleaded as a set oft' if there be at the
time a suit pending against the plaintiff for
the same debt, in favor of one who was at
the bringing of said suit the true owner of
said set oft’.
Judgment reversed.
L. E. Bleckley, represented by N. J. Ham-
BOOKSELLERS AND STATIONERS.
Kellers, Stationers ami Pi*
cannot administer it for her payment, could I m01 ^ ‘ for plaintiff in error.
bind her, unless she be a party to that de
cree; aud therefore no attack on her right as
a creditor of Burton T. Dennaul ought to
be allowed until she be made a party. This
tho defendant could do by a cross-bill, and
then every question touching every equity
jdf all the parties could be finally adjusted,
the amounts that may be due creditors
ascertained, and their priorities, aud if this
land be held liable, and is more than suf
ficient to pay the debts, a proper disposition
of the surplus can be made, and if equitable
paid over to defendant. For, under the view
I have taken, as it can only be recovered from
the defendant to pay debts —if there be a sur
plus—it should go to him. Iu a case so made
the question could be raised as to defendant’s
rights on account of the mortgage money
No appearance for defendant.
James It. Sheldon vs. The Southern Express
Company. Complaint, from Chatham.
TRIPPE, J.
1. Where A. is indebted to B., aud trans
fers to him as collateral security a receipt
given to A. for a note for collection, it being
for a larger amouut tban A.’s debt to B.; and
the bailee who has the note for collection,
with knowledge of the transfer and consent
ing thereto, permits it to go into the posses
sion of A., who collects it aud pays B. a por
tion of his debt, the measure of damages in
an action of trover by B. against the bailee,
is the unpaid poitiou of B.’s debt from A.
As B. would not be liable over to A. for any
BUSINESS COLLEGES.
address B. F. Moore, A.M.
E ASTMAN’S ATLANTA BUSINESS COLLEGE,'
Detwiler A Mapee, Managers. Corner Line and
Peachtree streets. Three hundred Graduates now iu
position.
BANKS.
JJANK OF THE STATE OF GEORGIA—F. M. Co
Europe, in sums to suit.
O* Agents for the Inman and Cunard Steamship
Lines, saf“ First class aud steerage tickets at lowest
G
Money to loan.
rjpUE DOLLAR
M. ALEXANDER A (
PUGS. M. CLARKE A
GrjM®
leu
\vv
SEAL ESI ATE M !
W. ADAIR, W
i-EWINO HU illAL UO
ICE HOUSES.
H.
JEWELRY, SILVER WARE.
( T ROUGE SHARPE, Ji; . Agent. Dealer iu Fine Jew-
X «iry and Sterling Silver Ware, Parlor Jewelrv
Store, Republic Block, np stairs, opposite Kimball
LAW SHE, Wavhes, Clo.-k», Jewelry, aud Silver
Agent for tL-: Arundel Pebble Spectacles.
60 Whit* hall street.
TjlR LA
Hi Wart
Juo. T. Grant, president; Perino Brown, cash’:
J
NO. H. JAMES, Banker, James’ Block.
1 James M. Ball, President. W. W. Clayton, Cash
paid to Ireue Dennard, and the money paid Lis clailn for lWges is limited to
by L.m to the admmrstrator on he P )r rc has e L he om ’ ount of his special property iu tbe
from W. M. Brady. Also the farther ques- j no ^ e r r r
tion presented in the record, as to the compe
tency of Mrs. Wilcher as a witness to im- \
peach her contract or conveyance when the
other party is dead.
The question may be asked, how can a de
fendant iu such a case show that there are
no creditors, or that any particular person
has no valid debt—not knowing who the
creditors are, or who that particular cred
itor is.
Where au administrator, under the provis
ions of the code, which is but a statutory
affirmance of a principle existing long before
the Code, sues to recover lands from a pur
chaser holding under the heir at law, and
seeks to avoid that sale on account of the
“necessity to pay debts,” it is my opinion it
is not only “necessary for him to show on the
trial that it is necessary to pay debts,” but he
should set forth the debts and the creditors iu
his bill, in order that the defendant—the pur
chaser—may be put on notice as the facts on
which his property is sought to be con
demned. If it can be taken from him for
that purpose and no other, and is to be ad
judged liable to pay a debt, he should have
notice of what is attempted to be as
serted against him. Any other rule would
work manifest injustice—would disable heirs
at law' from ever availing themselves of their
right to possess, or sell, or subject themselves
or the purchasers from them, to the danger
of a recovery, on the ground of some unjust
or illegal claim or debt, of which they would
have no notice until the trial. If notice be
given, as to who are the creditors, provided
there be any, and the heirs or those holding
under them, have just cause of defense against
illegal or fraudulent claims, they would then
2. On the trial it was competent for the
bailee to prove that when he was notified by
A. and B., who were together, of the transfer,
he w’as not informed that it was made as
collateral security, but on the contrary it was ,
stated by A. that the transfer was made only
that the money might be paid to B. in the
event that A. was absent, as he expected to
bo absent, provided B. was present when
such a statement was made.
3. Under the facts as they appear iu the
record, it would have been proper to have sub
mitted the question to the jury whether B.
was present at the time A. made the state
ment to the bailee's agent.
Judgment affirmed.
George A. Mercer, Henry B. Tompkins,
for plaintiff' iu error.
Law% Lovell & Falligaot, E. R. Carr, for
defendant in error.
Charlotte Roe vs. J. C. Muuud. Complaint
from Appling.
TRIPPE, J.
When there are two deeds executed at dif
ferent times by the same vendor to different
veuilee*, and Doth arc recorded, lint noith«r
of them within twelve months from its exe-
j cation, the oldest deed has priority over the
' one subsequently executed.
2. Under the evidence iu this case the
Court below r should have granted a new trial.
Judgment reversed.
W. B. Gaulden, by brief, for plaintiff’s in
error.
J. C. Nichols, represented by Z. 1). Harri
son, lor defendant.
i Depository. A. Austell, President
BOOTS AND SHOES.
Boot# and Shoes, Leather and Shoe Findings,
Sign of the Golden Boot, 39 Peachtree street, Atlanta,
Georgia.
CARPETS, MATTINGS, ETC.
INSURANCE ACENTS.
¥ E. GODFREY & J*ON, General Agents ht. Louie
91 • Mutual Life Insurance, and Royal of Liverpool,
Fire. Office 56 Whitehall street. Agents wanted.
J GADSDEN KING, General Agent, Fire, Marine
c and Life. London and Lancashire Fire. Vir
ginia, Fire and Marine. Cotton States Life. Broad
street Atlanta, Ga.
TLANTA DEPARTMENT LIFE ASSOClATr (
of America. Officers—T. L. Langston, P i
dent; C. L. Redwine, Vice-President; J. H. Mor g
Secretary; General L. J. Gartreil. Attorney; Wil li
G. Drake, Medical Examiner. Broad street, co i n
Alabama. P. O. Box 276.
W. THOMAS, General Agent of Life Association
L'UINF
r Broad aud Marietta Sts.
machine company.
rilHE SINGER DROP-LEAF SEWING MACHINE.
machines ss old Ehas Howe \
R. T. Simlie Agent
AGENCY, «
eots. As good i
SALOONS.
¥ OHS W. KIMBRO. Turf Exc Usage, No.
o sirr • — •••
!().:
Bourbon Whisky.
c-tta street, tbe very be-ft
W P. PATILLO. No. G Kimball House. Agent for
• .Etna Slid Ilioenix of Hartford, Franklin ot
Philadelphia, and Southern Mutual. Athens.
W 1
¥ T gia of Rcpublii
Republic Block.
Life Insurant**
W M. J. MAGILL,Superintendent Agencies Cotton
States Life Insurance Co., No. 6 Kimball House.
Residence McDonough street, corner Fulton.
J B. DAVE
Jm Burglar
S 1
C 1
STOVE AND tlOUS.FURNISHING GOODS.
UNDERTAKERS.
CARRIAGE MANUFACTORY.
A. Car
FINNEY, Manufacturer of and dealer
Carriages, Buggies, Wagons, Sewing Machine I to the collection of claims, aud all busme
nagons, Ac. Send for Price List. Broadstrcct, just ; attended to.
beyond the Bridge.
J OHN A. W IMI’Y, Attorney-at-Law, Atlanta, Georgia.
Practices in all tlve courts. Special attention given
promptly
W’agons and Buggies, Decatur street.
J. FORD, Carriage
, and Pryor streets.
COMMISSION MERCHANTS.
Pryor and Hunter Streets,
acceptance, made on goods i
ding accompany Drafts.
kinds of Produce,
turus made promptly.
J AWRENCE A; ATKINSON, Gro
Mid 4
Merchants. Peachtree Street, Atlauta, <
Consignments solicited.
V K. SEAGO, Wholesale Grocer aud
% mission Merchant, i
•syxh aud Mitchell 1
of Burton T., unadministered, stand in no ! { iave Qje opportunity to bo heard, and of pro
better condition than his heirs would have their rights.
done.
It is true the title to land descends to and
vests in the heirs of the decedent, subject to
The administrator cannot complain of this,
nor can any bona fide creditor, when such a
vests in mo neirs ui me buuicui n; .. «r. » •
be divested for the payment of the debt of the | Proceeding is necessarj. \Y hen the light is
deceased by a dne conr.se of administration ; 8 lve “ administrator to hie a bill to
according to law. Three-fourths of tho land marshal assets, which is for his own P™!eel
which the defendant purchased from Brady tion olid safeti, this very duly lb required o
was the property of Burton T. Dennard, at
the time of bis death, and never has been
administered, so far as the record shows.
But, on the contrary, the defendant admits in
his answer, “that he believes it to bo true,
that Wm. D. Brady, as administrator, did
not administer upon said plantation, aud the
reason why he did not do so was because the
said Wm. M. Brady claimed the same as his
own property.” The complainant, as the ad
ministrator de bonis non, of Burton T. Den
nard, is entitled to recover his three-fourths
interest in said laud at the time of his death,
for the purpose of administering the same,
provided it shall be satisfactorily shown that
it is necessary to do so for the payment of
the debts of his intestate, including the debt
due by him to Mrs. Wilcher, which this
Court has decided i» a trust clai)>i of the high
est character, and chargeable on his estate un
der the agreement of compromise before men
tioned. In order to defeat the payment of
Mrs. Wilcher’s claim out of the land or the
proceeds thereof, on the ground that she re
linquished all her interest in it, it must be
shown that sho did so freely and voluntarily
in the manner prescribed by law at the time
the relinquishment was made. The second
section ot the Act of 1760 provides the man
ner in which feme coverts may relinquish
their rights to land conveyed by their hus
bands.—Cobb’s Digest, 161. There was only
one witness to the deed of Mrs. Brady, relin
quishing her title and interest in the land,
whereas the law required two. In this suit
between the administrator, de bonis non, of
Dennard, aud the defendants, Mrs. Wilcher
was a competent witness, and it was compe
tent for her to testify as to tho acts aud de
clarations of her husband at tbe time the
deed was signed, there was no confidential
communications revealed which the law pro
hibit*. The charge of the Court to the jury,
in view of the real questions involved, was
so confused and unsatisfactory that it was
calculated to mislead them. In view of the
facts contained in the record, we affirm the
judgment of the Court below iu granting the
new trial.
Let the judgment of the court below bel
affirmed.
Hines & Hobbs, Yoson «L Davis, L. 1\ D.
Warren, for plaintiff in error.
W. A. Hawkins for defendant.
TRIPPE, J., concurring.
The contract or ngreerneut made at tin
time the caveat to the will of William Den
nard was withdrawn, doubtless was i.i the
language of this Court in 35th Ga., 1901
“an obligation for a conveyance which a
Court of Equity will enforce.” This is true|
and it could have been enforced against Bar
ton T. Dennard, or against his represeuta
tive. It may further bo true, as remarked by
Judge McDonald, in 24th Ga., 135, that
after the payment of a certain debt against
the estate of William Dennard, “if a judg
ment should be obtained, Mrs. Brady, now
Wilcher, has the highest claim under the
agreement of compromise. That agreement
was never executed, and she has a right to
demand its exec a tion before tho property can
be appropriated to tho debts against her de
ceased brother. ” I shall not contest the
truth of this last proposition. It was made
in a case where there was a contract as to her
priority over other creditors. But I cannot
think that the Judge or the Court in either
of these cases meant that Mrs. Wilcher had
such a lien on, or legal or equitable right
to, or interest in, any portion of Burton T.
Dennnrd’s property * by virtue of that con
tract, as to be good against a bona fide pur
chaser Irom Burton T., or under a judg
ment against him or his estate. It was an
equity in her that was not good against lo-
g al rights or lilies derived from or through
im, unless the holders thereof were affected
by notice. As to all such persons, and even
as against a purchase from her husband, Wil
liam M. Brady, without notice, for be under
the law as it then was, had tho right to sell
her interest as heir, if there were no debts, she
was simply a creditor-a creditor it is
true with a certain priority- but with no such
charge on the property or title to it, as # to pre
vent a bona fide sale by him, or by the*sheriff
s. Wm. M. Anderson, ad-
Trover, fiom Pulaski.
| |ery duty is required of
him, aud he must make the creditors parties.
IWheu he proceeds against the heirs at law,
claimants under them, wnich may be also
for his protection and benefit, he should uot
be allowed an unconsciable advantage.
No objection was made on this trial to the
evidence, that Mrs. Wilcher was a creditor ol
Burton T. Dennard, aud the defendant had
Ino right to raise the questions that were set
up against her claim as a creditor, unless she
had been a party. His permitting the proof,
without objection, was equivalent to a waiver
of the necessity of her claim being set forth
in the bill, and he was bound by it as much
as if it had been so set forth. Ilad he made
such objection the complainant could have
amended his bill. No such objection being
made, and Mrs. Wilcher not being a party so
as to be able to object to the attack on her
claim or debt, or to defend the same, the de
fendant could not have demanded a decree
founded on the fraud or invalidity of her
claim as a creditor.
I therefore concur iu affirming the judg
ment granting a new trial.
M. DeLagal vs. W. J. Wallace, administr itor.
Forcible entry aud certiorari; from McIn
tosh.
McCAY, J.
A warrant for forcible entry only, which
shows upon the face that the entry was more
than three years before the issuing of the
warrant, and which contains no allegation or
charge of forcible detainer, is demurrable as
insufficient in law, and should be dismissed
on motion, since the statute in terms provides
that in no case shall tho person in possession
be turned out, if he has been three years in
peaceable possession of the premises.
Judgmeut reversed.
W. B. Gaulden, George S. Thomas, for
plaintiffs in error.
No appearance for defendant.
Atlantic and Gulf Railroad Company vs.
Thomas Fuller. Trespass and demurrer,
from Pierce.
McCAY, J.
1. Since 1st of January, 1863, nuder section
2960 of our Revised Code, the owner of land
may maintain an action for a trespass there
upon, even though lie have not actual posses
sion of the same.
2. Au action of trespass entire Wum.huh
\freyit which sets forth that the defendant had,
without authority of law and without consent
of the plaintiff, boilt a railroad upon the
plaintiffs land, and had used and occupied it
lor a right of way siuco 1858 (more than
seven years) is not demurrable, on tho grouud
that on its face it shows the plaintiffs right
to be barred by tho statute of limitations.
3. The owner of land taken by a railioad
company for right of way, is not debarred of
Ins action for trespass, because the charter
authorizes tho company, in a particular way,
to so appropriate the land, unless tho com
pany havo pursued tbe mode pointed out,
and thus acquired the legal right.
Judgment affirmed.
J. C. Nichols, represented by Z 1>. Harri
son, for plaintiff in error.
No appearauco for defendant.
Brunswick and Albany Railroad vs. R. B.
Bullock, Governor. Equity, dismissal,
from Glynn.
M( CAY, J.
When the Governor of this Slate, with,
other creditors of the Brunswick A- Albany
Railroad Company filed a creditor’s bill
against tho Company, alleging that tho Com
pany was insolvent, and praying the appoint
ment of a roceiver, tho lull charging that the
Htato of Georgia was interested in tho assets,
in bo far as that it was stated that certain
bonds of tho Company were in circulation,
purporting to have upon them the Htate’s
indorsement, and praying, on the part of the
Stale, that the receiver might be appointed
and tbe property preserved until the liability
of the State should be ascertained:
Held, that the Legislature having, by law,
declared that the indorsement of tho bonds
was illegal and void, it was an error in the
Chancellor, on motion of tho Governor, to
dismiss the State ah a party plaiinlffto the
Loyd G. Bowers
ministrator.
TRIPPE, J.
In a parol contract by au agent for the
purchu.se of ninety-two bales of cotton then
packed aud pointed out, at a stated price per
pound, estimating the bales at 500 pouuds
each, subject to correction on weighing; it
was also verbally agreed that the seller
should haul the cotton to a certain place tor
the buyer; that if it was burned it should be
the loss of the buyer; that the agent need
uot pay the money, but hold it for the buyer
to check on as he might want it, aad no act
waft done by either party as to payment or
delivery, and the seller afterwards refused to
deliver the cotton, and the a^ent returned the
money to his principal.
Held, That this did not make a case of ac
tual receipt by the buyer, or of payment, as re
quired by the 17th section of the Statute of
Frauds, so as to render the seller liable in an
action of trover for the cotton.
No merely verbal stipulations iu the con
tract, and part of the contract, are sufficient to
to take it out of the statute. Judgment
affirmed.
S. Hall, Hansell A Ilansell, C. C. lvibbee,
Jackson, Nisbet A Bacon, for plaintiff in
error. Lanier A Andersou for defeudaut.
APPLICATION FOR CHARTER
GEORGIA, FULTON COUNTY.
To the Hon. John L. Hopkins, Judge of the Supe
rior Court iu said State and County :
The petition of John B. Gordon, A. H. Colquitt, II.
T. Coffee, S. B. Buckner and W. A. Slaymakcr, all citi
zens of Georgia, except H.jT. Coffee, a citixen of Mem
phis, Tcnn., and S. B. Buckner, a citizen of Louisville,
Ky., respectfully represents that wo desire to form,
and do hereby form, a company in accordance with
the provisions of tho Code aud the acts amendatory
thereof, authorizing the formation of corporations by
application to the Supeiior Courts of said State, and
we do hereby declare tbe objectB aud purposea for
which said company is formed aud the terms thereof
to bo as follows, viz :
First—That the corporate name by which said com
pany shall bo known is the Continental School Desks
Manufacturing Company.
8econd—Tbe objects for which said Company is
formed are ibe manufacture and sale of School Desks,
Settees, Furniture and tho conducting of a general
business in School Furniture and Supplies.
Third—The capital stock of said Company shall be
|50,00U, which shall be divided into 500 shares ot $100
each. Such portion of which as may be necessary
may bo issued for the purchase of any property nec
essary to the business of said Company.
Fourth—The term of existence of said Company
shall be twenty years, unless sooner dissolved by the
stock holders owuiug two-third# of the stock of aaid
Company at a meeting called for that purpose.
Filth—Tho number ot Trustees who shall manage
the concerns of said Company for the ilrat year i*
five, and tho names aro J. B. Gordon, 8. B. Bucknr^.
A. H. Colquitt, H. T. Coffee and W. A. Slaymaker.
Sixth—That the business and operations are to le
conducted in the cities of Atlauta. Rome and Dalton,
State of Georgia, iu the city of Nashville, Tenn.,
Louisville, Ky., Richmond, Lynchburg and Staunton,
V#., bt. Louis, Mo., Cincinnati, O.. Chicago, III., Balti
more, Md., Raleigh aud Charlotte, N. O.. Houston,
Austin aud Dallas, Texas, and that the principal office
for tho conduct of tho business of said Company and
its financial matter# shall be in the city of Atlanta
aforesaid.
In testimony whereof wo havo execute ! thise »rtit
cate aud set our hands and seals thereunto, this I h
day of April, one thouaaud eight huudred nv'?.* even-
ty-three.
J. B. GORDON. ISeao
S. B. BUCKNER, (Sea.,
Per J. B. Gordon.
A. H. COLQUITT. [Seal|
Per J. B. Gordo*.
H. T. COFFEE, [Seal]
aprlilwCw W. A. SLAYMAKER. ISeal]
DISSOLUTION.
rilHK FIRM OF PLATT k CO, IS THIS DAY DIS
_I solved by mutual cousent. The succeeding firm.
Messrs. Platt Brother*, will collect tho accounts and
assume the responsibilities of the firm of Platt A Co.
A.
LEYDEN, Warehouse
id C<
: Law, Atlanta. Geor
_ Special attention given to the Collection of Clai
i All business attended to promptly.
Office over James’ Bank.
D. McCONNELL, Attorney a
j Whitehall aud Hunter stieet
the Courts in Atlanta Circuit
\\7 M
V v Lie
rp STOBO FARROW, At
JL • Yietta street up eta
I U OHN M1LLEDGE, At)
Street Residence, corn
rjpiios. w.
Marietta street
B. SPENCER, Attorney at Law,
t-law, Whitehall
A. R. R. Office, 9 Alabama Street Grain, Hay
Flour, Bacou, Bulk Meats, Lard, Hams (sugar-cured
and plain) Lime, Cement, Plaster, Domestics aud Yarns
Dealers in Paper, Panel
Paper slock, old metal, hidei
Atlanta. (la.
S TEPHEN
dealers it
Produce, Lime
Feed, No 13 Ala-
rchants and
gs. Twines, Rope,
;c., 33 Pryor street.
s.
M.~ o tt u v r.?»
Attorney at La
E. BLECKLEY, Attorney-at-Law, Office and i
ncr Peachtree aud Uairis streets.
Ga.
FLYNN, Commission .Merchants, aud
Graiu, Flour, Provisions, Country
r.d Cement Forsyth street, Atlauta*,
V
L.S
J^OYAL & NCNXALLY, Att<
II
Office No. 1 A us
at Law, No. 20
WHITECOODS, NOTIONS, ETC.
, Dealers in Staple
>ds, Boot*. Sho*s, Hosiery.
o. 8H Whitehall Street, At-
sale Notion*. White Goods,
WOOD ENGRAVING.
MISCELLANEOUS.
H ER • LD PUBLISHING COMPANY, Alabai
street, near Broad. All kinds of Job Work u--a
aud promptly executed.
riTUE WEEKLY HERALD, an Light Page Pap.
B containing 56 columns, the largest aud most i
teresting paper in the State.
\\T H. TURNER. Dealer in Human Hair, and Ms
} V • ufacturers of Human Hair Goods and H lr Je
elry, 15 Whitehall street. Atlanta. Ga.
ERGENZINGER, Mannlactnrer of all k»nd*
• for KcrosJ
Washing Machin.
Sheet Iron aud Enameled W
II. LEDUC. Manufacturer of Tin Ware, Agent
loves, Pratt’s Astral Oil, Triumph
Clothes Wringer, etc., Belgean
re. Whitehall strep
T
I vision Dealers, Alabama street.
U OWIE &GHOLSTON, General Commi.-siou M
chants in Grain, Provisions, Hay and Flour, F
syth street, near W. & A. R. R.
J. WILLIAMS k CO., Dealers aud CoiuinisH
stairs, 1st lloor, .practice in all the courts.
O. T. FRY, Attoruev-at-Law, N«>. 6 Kimball
louse. Residence corner McDonough and Rich-
H
CLOTHIERS AND TAILORS.
¥ H. DYKEMAN, Merchant Tailor and Deal- i
tJ • Gents’ Furnishing Goods, No. 4 Peachtree str-
near the National.
J G. JONES, Fashionable Tailoring Establish an
• within fiftj yards of National Hotel and Kim
House. Full Line of ; oods always on hand.
!0.. Dealer and
Clothing, old stand, Whitehall
U6AHS, TOBACCO# ETC.
H. ENGELBERT, Manufacturers of Cigars and
• Tobacco. Finest brands always ou hand. Broad
j street, near Bridge.
j ¥ MADSEN, 51 Whitehall street, Mann tact rer aud
• Importer of Cigats and Tobacco, Wholesale aud
Retail.
W.
B. MOSES, Authorized Agent for imported Ha,
vana Cigars, No. 4 Kimball House Block, aud
Kimball House Cigar stand.
I OHN FICKEN, Manufacturer, Importer and Dealer
iu Fine Cigars, Pipes, Tobacco, Snuff Boxes and
Smokers Articles, No. 17 Peachtree street, Atlanta,
) LEHMAN A KUHRT, Cigars, Tobacco and Snuff
CONTRACTORS
J.
A CAItn.
_ city for the present, I deairo to return my sincere
thanks to a kind public for favor# it haa bestowed up
on mo, and to solicit for tho now firm a continuance of
the patronage so generously bestowed upon the old
one. Messrs. Platt Brothers havo devoted many years
to the Furniture business and will be ablo to fully
supply tbe demand and aatiiify the taste of the public.
Respectfully,
Junel4 tf E. PLATT.
fully carried out.
COPPER. BRASS AND IRON.
M IDDLETON a BROS., Coppersmiths, Brass
Founders, Finishers, Gas Fitters and Sheet iron
Workers, Broad street, opposite the bun Building.
All work done promptly.
LIVERY AND SALE STABLES.
C O IN 1‘ TAYI.OR. l’ro; nt tor ol the Arc*
j keeps always ou hand a large supply of Mulei
aud Horses for sale.
, Blinds, Mouldings, Ac., Broad i
1 AGE
Jl Co
Eli BEER BREWERY. City Brewery, corner
ollins and Harris streets. Lager Beer, Ale and
, Fecht r. Meieer & Co., office in Old Post Office
Building, Atlanta, Ga,
S HEPARD. BALDWIN A CO.. Wholesale dealers iu
Wines. Liquors and Cigars. No. 11 Decatur street,
opposite the Kimball House. Atlauta, Ga.
( ''fLAYTON & WEBB, 72 Whitehall street. Atlauta.
j Ga., Wholesale dealers iu Foreign and Domestic
Whiskies, Wines, Brandies, Rums, Gins, etc., and
PllOPKlETOttS Of THE MOUNTAIN GAP WHISKIES.
Iv.o
e,
Liquors, P«
, Wholesale Tobbaoco aud Liquors,
MARBLE YARDS.
1 Maride. Mantl
eet, Atlanta, Ga.
H
UNNLCUT
Brass Workers,
. Atlanta.'
CANDY AND CRACKERS.
1)
acker Manufac- i laity
MEDICAL.
It. W. T. PARK, office No. 35 l s Whitehail Street
O. Box No. 15S. Atlauta. Ga. Treatment ol
Diseases, Impurities of the Blood, Obstetrics
.1 Diseases of Women and Children mads a spec-
i tory, Whitehall t
[ LEWIS’ STEAM BAKERY Mauufael
• varieties of Crackers, Cakes, Suapps,.
•syth street.
Knowles. Nos. 26 and 28 Marietta street.
CROCKERY AND GLASSWARE.
MUSIC AND MUSICAL INSTRUMENTS.
UILFORD. \NOOD A; tX>.. Dealer* in Music, Or
gans. Pianos, Musical Merchandize, aud Impor-
vf Small Instruments and Strings, 6N Whitehall
().
L. BRAUMULLER. Dealer in Musical lnstru-
neiits. Stationery, and sole agents for Stein way
Id other celebrated pianos, 15 Whitehall
I street. Atlanta, Ga.
\j
Glass and Earthenware. Kimball House.
AW 4k c«*., Wholesale croc aery. Marietta
DYE-WORKS.
J AMES LOCHREY, AtlanU Dye Work*. Dyeing
and Cleaning in all branches. Satisfaction guar
anteed. Post office box 540.
DENTISTS.
LLEN LINK, Dent
hall and Hunter streets, Atlanta, Ua.
street, Atlanta, Oa.
i Work promptly and neatly fin iahed.
FRUITS, VEGETABLES, ETC,
NURSERYS
j^OUTHKRN NURSERY, irwi
l ami Thuruioud
i Dealers m Fruit
Ornamental Shrubbery, Hot
L* It IY ATE IlOAItIHMw HOUSES.
M rs. r. k.
limiter
board. Day bo
M
WILSON. South l»r
1-arge front roo j, with
RS. A. E. SMITH’S.
Inished, carpeted r! |
a table provided with the best fare the market
affords. Call and examine. No. 7 ^ Whitehall Street.
G.&C.
CAHN CAMP, Wholesale Grocers and
Provision Dealers. 86 Whitehall Street.
bC South Broad Street, Atlanta, Georgia.
Til J. HIGHTOWER, Wholesale Grocer and Pro-
j| • vision Dealer, Corner Broad aud Whitehall Sts.,
Atlauta. _______________________
ITg. T. DODD A i ll , Wholcaale U. iH'ers aud
Provision Dealer#, Corner Whitehall aud Mitch*
Street*, Atlanta.
Alao ha*
P.
ell Sti
\\T T. LA INK, Family Groceries,
ff • Bakery attached. Furniahea bridal cakes
•to,, Marietta street, we#t of Spring’s first store.
street. Table supplied with tho best the market
cuicut to all the Churches, Poi
i i»e accommodated
Ira. O
treet, just aero** tho bridge.
M ISS UK FEN, at the “Lareudou House.” on
Peachtree street, can furnish pleasant room* to
siugle persons. Day boarders also re-
it’,
calved,
PHOTOGRAPH GALLERY.
Drug Store, on Whitehall street. ’’First claw
hotoftrapha, etc., executed promptly, at reasonable
* * Call and see specimens.
PICTURES AND FRAMES.
hromos, Mouldings, Looking Glasses and Plates
Ko. 37 l , Whitehall Street, Atlanta, Ua.
CHARLESTON CARDS.
Geo. W. Williams. 4a*. Bridok, Jr
William Birmk. Root. s. Oath. art.
ml WILLIAMS & GO.
WHOLESALE GROCERS.
Cotton Factors and Bankers,
HAYNE ST., CHARLESTON, S. C.
WILLIAMS, BIPNIE & CO.
Commission Merchants,
(!.» Itvavrr Slrool, Vn York.
HENRY BISCHOFF & CO
WHOLESALE OiOCERS
Carolina rt i o o,
l»7 Kast Kay, Ciiai lol.i.), s. V.
J. E. ADCER & CO.
iiiixiDWAiin:,
CUTLERf. GUHS. BAS IRON, STEEL AND AGRICULTU
RAL IMPLEMENTS.
139 Meeting Mrwt ami (IC I'a-t Ikn Mud.
CHARLESTON. S. C.
SOUTHERN FEMALE COLLEGE
1. A G K X X G E, G E O li GIA.
COMMENCEMENT EXERCISES!
E*
? ::*tn. Annual Add
The At'anta and West V
ora ON ONE FAKE, from
Jay, 25th. iue'.usixe.
junel2de,Kl3t
Kennesaw House,
MARIETTA, CEORCIA.
FLETCHER & FREYER,
PROPRIETORS.
DAVID NIcBRIDE,
SUCCESSOR TO
McBRIDE & SMITH,
MANUFACTURER OF
Fine Carriages,
PHAETONS,
ROCKAWAYS AND BUGGIES.
Repairing Promptly and Neatly
Executed.
ATLANTA
JAMES ORMOND, Prnprielof
A TATE OF OKOROI A-Bkawhs Couxty
Berryhill, to beoor
May 2ft. UI
r free trader.
W. H. BERRYHILL.
my 23-w Ian