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The Daily Herald
FRIDAY. AUGCST 15, 1873.
f HK HKBALI) nULUHnO COMPANY,
\bfCX. ST. CLAIR-ABRAMS.
*I*C\ar W. GRADY,
II. A. ALSMS,
Editor* and Manager*.
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r. J. Bcbxey is the only authorized
Travelling Agent of the Herald.
Our State Exchanges.
A Howtixe XrtSAXCE.
We pick up our pane* At. to
open on a nuisance that shall receive oar
daily attention until it is abated. We allude
to the hordes of negro wenches that nightly
practice street-walking on all the prominent
thoroughfares of Atlanta. It would be im
possible to exaggerate the foulness and preva
lence of this nuisance. There are not less
than one or two hundred wenches who nightly
flaunt themselves up aud downWhitehall street
for no other possible purpose than the one al
luded to above. Frequently a dozen of these
dirty sluts may be seen grouped about the
c.as&ic abutments of Broad street bridge, un
der circumstances more suggestive than ele
gant A lady can scarcely walk through the
streets after ten o’clock without having the
blush of shame sent mantling a score of times
to her cheek, to such a pitch of effrontery do
these women carry their audacious practice,
and the careless observer would be astounded,
did he study the matter closely, to see to
what an extent our younger society is becom
ing demoralized by this ever present tempta
tion.
This is, we are aware, a delicate subject to
discuss in a public print, but personal remon
strance and private endeavor have failed to
abate the evil in the least; and it now be-
Tbe Arst bale of near cotton was WwIt«J by Swift,
Murphy A Co., at the Planter** Warehouse, Colum
bus. on Monday, 11th instant, from Henry county,
Alabama. It was classed low middling, and bought by
Cob F. O. Wilkins at twenty-one cents per pound.
The Columbus Enquirer learns from officers on the
Western railroad that Edward Walker, who killed
William Clark at Cowles’ Station on Monday morning,
bad g-v»n Liineclf np to officer* of Macon c-^noty, Ala., com€s the Hf.rai.d to sonnd the note of alarm,
sad had be'a taken toTnsk gce fora preliminary It is foolish to say that the city authorities
trlAl. ; cannot “get hold'* of these cases, and that
The earn» r ap^r tearua that cateipillar* are actively __ \ _ .. „
‘ _ , , mere no law for it. ^heir purpose is so
at work at OaW.cbee B-nJ and low land* in that non- . t* r
i, T . la the mexotime plxnters xre -rowing desperate. a PP ar <5°‘- tbeir calling so shamefully paraded,
aud the dtiuand for “cold p.ron” is enormous. Little a,a d their bids for patronage so blatantly put
or no damage baa yet occurred to upland cotton, and forth, that they can be arrested by scores
th» present project ia flae. j any night in the week, and convicted of
The Sabbath reboots of B?ar Creek, Shiloh Church !-x , . , . .
. , , . , , . indecent or disorderly conduct in the next
and Mount Pleasant Church, j jined in a celebration , J
on yeaterdsy, the 14th of thi* mouth. The address da ^ s Reorder s Court without any trouble,
was delivered by the Rev. Mr. Heidt, of Griffin. ( ^ policeman, we believe, can sit in one of the
Mr. j. Michael, of upaon county, thinks that if j printing offices, one of the engine houses, or
plant.™ Will top their cotton when they have rea.on in aoy bnilding that is open at night, and of
to fear the appearance of worms, they will destroy I. • „ . _
th, germs of ,Wlaser., which are ia the bads. He ! Se °“ S COaV1Ct ‘ balf<loZ “- fr °“
tried the plan one year, with satisfactory results. ° c ' cc * nntil midnight.
Gen. Braxton Bragg has returned from his visit to . Then let us have this crying nuisance
the Warn Springs, aud ia now spending a few days | abated. All that is needed is a little vigorous
with hi* old friend. Col. J. L. Mustiau, at hi# reel- ftt tack upon those who practice it most bold-
dence in Colombo*. t. . ,
iy. lw is a crime against decency; a blot
Albany is the best wool market in Georgia, and her ; nnrm -i.,,,; - ,
v. . «.■. * , .k n P on onr ciMlization a festering sore m the
merchants are cow pa., mg from 23 to 29 cects for the I .. . °
city s vitals.
product. #
Taa Augusta Constitutionalist *ays: “Wearegrali »■►<<
fl-*i to report the continued improvement of Messrs A CURIOUS BLI WDER.
Patrick Walsh and F. W. Clark, so severely icj ared by !
the accident on the Charlotte, Colombia and Augusta carious blunder occurred in an editorial
Railroad last Sunday. The former was able to be ont which appeared in the Herald of Sunday
on the streets yesterday afternoon, and we are glad to
learn tnat hia wounds are healieg kindly. Mr. Clark
rested exceedingly well on Monday night, and hia
symptoms indicate an early recovery.”
A colored boy about fourteen years old, named Bob
8imma, had both feet crushed eff on the Georgia Rail
road in Aagusta on Tuesday.
The Western Baptist Association meets at Hogsna-
-die. T: .nty, c- Saturday before the second
iW*tty .c September.
The vjr’fSi. s-.'Wa ; is the following **d g story ;■* .Mr. Stephens* argument was in support of
send him a bull purp to j the opinion that Lyttleton wrote the letters
eupon Lee sod Clint Taylor of Jan ins, whereas the editorial made it ap
pear that he believed Sir Phillip Francis the
last on Mr. Stephens’ address before the Lit-
erafy Society of the State University. The
writer had read the address carefully on Sun
day and was much pleased with it. Monday
evening he wrote the article, and, to his sur
prise, was told on yesterday that he had mis
represented Mr. Stephens. On ecamining
the article he found that such was the case.
.light wanted
KCST-. hi* prea. 4*a,
inet
Big) • took .Lat do
milk, and regular .
Had'* be nad mods f -i
'ore ag the m.-nt. Hi
with irikrai re a
dorg would ket
of ba* *#w day*, ac
apfK>ia m nt. H-gh;
and tha proprietor
logta as a.-age of him
swear* thee* is net
Bnti* r Hasten t-IU
to some Was, and tu
Georgia S:
Secretary,
will give th
anj bc«ir
tfkiect of
ge&tkreac.
Iforing 1
hOr.* yd U'
author. The blander was a carious one, and
not the first of the kind in the writer. Ii
resulted most probably from a last impres
sion in thinking over the works of those who
have argued in favor of Francis.
DECISIONS
OF THE
SUPREME COURT OF GEORGIA.
Delivered in Atlanta, Tuesday, August 12,1873.
a lost courteous and obliging j
last
» of the shabbiest ap'cl
ever seen ia this country.
)me and fed it on cake and
*y night put him in “a little
. When it became uneasy
;ot np and looked after it
watchful eye. thinking that
him hereafter. Bat man is
i fall of fun and Lorn to dis-
the pedigree of that dorg,
.ash factory soon made Bo- j
ght never told it, and now 1
of it; but Lee. Clint, and
rent tale. Just #ay “dorg” 1
ill be trouble.
.1 M. Siarr occurred in Clay- -
Mr. Starr was about G2 years Ey HEXRY JACKSON. SUPREME COURT REPORTER,
arty, active man.
1 term of the GriQu Fejnale :
y w.th a very lar. e attend- John C . "Welch vs. The State. Manslaughter,
the institution we*e never from Cobb.
WARNER, C. J.
ate Assistant Secretary of the The defendant was indicted for the offjnse
al Socie'y, has been elected Riurder. On the first trial of the accnsa-
un r.rr.vlt- This s.iection tion . tbe J°y defendant guilty,
icticvn to every one « ho has The conrt berow granted a new trial, and on
-cietv, u Mr. Johnson is an i tbe second trlal . tbe j at J foand tbe following
verdict:
“We, the jury, find the prisoner guilty ol
. ... manslaughter.”
o ay ug , a negro i ^ motion was made in arrest of judgment,
eaver, a few miles below , on tbe groand t^ a t the verdict of the jury
lightning, kiU.ng one negro wag too indefinite, uncertain, and illegal, and
n fire. The dead body was wa8 so contrary to law that no legal judgment
The children that weie in : or sentence could be pronounced or executed
upon the same, which motion was overruled,
| and the defendent excepted. There are tvs o
Alabar ia NgWS. HTades of manslaughter, as defined by onr
1 Code—voluntary manslaughter upon a sad
den heat of passion, involuntary manslaugh
ter in the commission of an unlawful act, or
a lawful act, without due caution or circum
spection. • The punishment of voluntiry
manslaughter, and the punishment of invol
antary manslanghter in the commission of
an unlawful act, and the punishment oi in
voluntary manslaughter in the commission or
performance of a lawful act, where there
has not been observed necessary discretion
and caution, is different in each of the grades
enumerated. Jn the case of voluntary man
slaughter there is an intention to kill. In cases
of involuntary manslaughter the intention to
kill is wanting. What is the legal effect of
the verdict of manslaughter in this case? In
onr judgment, the legal effect of the verdict
wa3 to find the defendant guilty of the high
est grade of manslaughter, to-wit: voluntary
manslaughter. Verdicts are to have a rea
sonable intendment, and are to receive a rea-
.ii not ca:lon sonable ^construction, and are not to be
»ut read commiuae toe acy compciuatirn tor th«ir avoided unless from necessity. Code 2503.
services to the poor Joring the rei»n of King Cholera i The defendant was charged with the offense of
by Jofcii
has brought to Alabama a
icbioe, to be used ia boring
amend drill, and. we are in-
enty-five to fifty feet per day
ite. Mr. Morris expects to
•t or near Warrior 8tation
State3 District Attorney, ia
a residence in Montgomery,
id has been put in chancery
ce for the firat and second
->d Sam. J. Jones, a* already
I he order was made on tho
i*ve his bond for $10,000 as
-t. The Selma Times aaya
amounting to ab-^vt ?7©»V
probable thut the read will
»te indorsement, which has
-a understood the road will
In Birmingham.
Rev. E. R. Car swell, Jr, pastor of the Tn«>kegee
Baptist Church, has resigned bis charge with a view
to th* prosecution and completion of hia theological
■India*.
Mra. Rose, widow of the late Howell Rose, d ed at
her home in Elmore county on the 4th inat. *
Mr. Ebert Harrell, one of the best citizens of
Lowndea county, died at hia residence in Weat
Lowndes U*t Tuesday.
The fall term of th* Circuit C jurt of Macon county,
begin* Monday, September 7th.
A few young gunner* bagged eighty-five young
dove* on Friday last, in a wheat field five miles north
of Eofaula.
Miaa Mary F. Coles died at Huntsville on the 2d,
aged 17.
Miaa Lizzie Slaugbtei died at her father a residence
in Opelika, on last Thursday.
They are speaking of building a new MetLolist
Church in Opelika.
The Locomotive say a of Opelika that in apite of the
general depression in the money market, our young
and thriving city continues to improve. There are
now in process of construction, on Morth Railroad
street, three large brick buildings, either of wbicb
woald be an ornament to acy city. They will all be
completed in a few short weeks.
Maj. 8c U*a house is more advanced than the oth
erm, baring been commenced first. Messrs. Renfro k
Anders are pushing forward rapidly to completion,
anotbet 'arge business house in connection w.th their
•h * fly • tensive and commodious grocery and com
mies a c< pert ment. Me ssrs. Shepard k Co. broke
the g )und for their bank bnilding last Monday, and
from * bat we learn it will not be long before it is
completed. In addition to this, residences are being
constructed in various part* of the city, and plans ma
tured for the* erection of other buildings for boaine*a
purposes, next fall. Altogether, the prospect to day
for Opelika is brighter than it has been for tome
ties*.
The money of the Eufaula Building and Loan Asso
ciation sold at thirty-eiz and thirty-eight at tbe
monthly meeting Monday night,
a The Birmingham Dally Hews having suggested the
name of Judge Mudd, of Jefferson, for Governor, the
Meridian Gazette pertinently asks if the head of a
ticket is to be Mudd. what may we look for at the
tan of It?
Among Um names mentioned a* lost in the
tirrWIi jtenmboet disaster on tbe Potomac is
that of Miaa V irginia Marbnry, of Glymont
Glymont u one of tbe most lorely spots on
tha Potomac, belonr Fort Washington and
Mount Vernon, on the Maryland shore A
^rarme entsdown through a lofty blu£
hndUwaa formerly much nsed by excursion
Tb » M.ss Mar-
wm 6 typical
Southern woman—there are but a few such—
accomplished, tincere and brave. Her
oearinoUzuT T’? 1 bo0 “ on tU « Wnff,
overlooking a long reach of the Potomac
‘h® w “ honest a rebel as
d **8 n “' n K her sympathies
- "S* ohe^tent to the lavs of Man land!
to th. heart by the fai?nre of
-dfewark Advertiser.
murder. The jury found him guilty of the
second grade of homicide, but did sot intend
to find that the killing was involuntary and
without intention to kill, or they would have
said fo by their verdict, but on the contrary,
they found him guilty of manslaughter, that
is to gay, they found that the act of killing
was voluntary by not finding the defendant
guilty of involuntary manalaaghter and there
by negative tbe idea that the killing was
voluntary. If the jury had found tbe defend
ant guilty of involuntary manslaughter, then
the verdict should have specified whether
it was in the commission of an unlawful act,
or in tbe commission of a lawful act without
the necessary discretion and caution becaase
one is made a felony and punished as such,
but the other is not.—Code, 4263-4264. The
punishment of manslaughter, other than in
voluntary manslaughter, is definitely pres
cribed oy the Code, and when the jury found
tbe defendant guilty of manslaughter without
saying it was involuntary, the legal effect and
intendment of tbe verdict was to find him
guilty of voluntary manslaughter, otherwise
the verdict coaid not receive a reasonable
construction and intendment There are bat
two general grades of manslanghter recog
nized by the Code, volantary and involuntary
manslaughter, and as the jury did not find
the defendant gnilty of involuntary man
slaughter. the legal presumption is that they
intended to find him guilty of the highest
grade of that offense, and the court below did
not err in pronouncing its judgment therefor.
Bullock vs. the 8tate, 10th Geo. Rep. 60.
Dean vs. the State, 43d Geo. Rep. 203.
Bet tbe judgment of the court beiow be af
firmed.
George N. Lester, John O. Gartrell, for
plaintiff in error.
C. J. Wellborn, Solicitor General, repre
sented by Z. D. Harrison, for tbe Slate.
Henry Hunt vs. The State. Assault with in
tent to murder, from Cobb.
WARNER, C. J.
The defendant was indicted for the offense
of an assault with intent to murder. On the
trial the jury found him guilty of the lesser
offense of stabbing. A motion was made lor
a new trial on the grounds set forth in the re
cord, which was overruled, and the defendant
excepted. The principal ground of error in
sisted on before this court was, that tbe court
below limited the defendant’s counsel to thir
ty minutes in his argument belore the jury,
over his protest that he could not do justice to
his diem's case within the limited time pre
scribed by the court. It appears from the cer
tificate of the presiding Judge that he allowed
the defendant's coGnsel 40 mi antes to address
the jnry, that is to say, be allowed him to go
ten minutes over tbe time prescribed at tbe
commencement of the argument In view of
tbe provisions of tbe Constitution which de
clares that every person charged with an
offense against the laws, shall have the privi
lege and benefit of counsel, the court below
committed a grave error in limiting the argu-
m v- n t <> L co,ln * el M disclosed by the record,
which thri court cannot sanction.
If the evidence contained in the record bad
been so decidedly strong as to have required
the verdict rendered by the jury, we might
not have interfered with it for the error com
plained of, bnt the evidence is conflicting as
to whether the stabbing was done in self-
defense, and inasmnch as the defendant was
prevented by the coart from having the priv
ilege and benefit of counsel in his defense os
contemplated by the Constitution, we reverse
the judgment of the court below and order n
new trial.
Let the judgment of the court below be re
versed.
John O. Gartrell, represented by Lester and
Thompson, for plaintiff iu error.
C. J. Wellborn, represented by Z. D. Har
rison, for the State.
James P. Simmons vs. Andrew J. Shaffer.
Eqnity from Gwinnett.
WARNER, C. J.
This was an action of covenant, brought by
the plaintiff against the defendant to recover
the amount of a judgment against one Rus
sell, which the defendant covenanted he
would pay in consideration that a certain
injunction then pending against him at the
suit of the plaintiff should be dissolved, that
is to say, the defendant covenanted that he
would pay to the plaintiff whatever might be
finally recovered against said Russell, et al.,
on a note dated in March, 1862, due twelve
months after date, for the sum of $3,-500, be
sides interest It appears from the records
before ns. that on a trial held on the note
at the September term of the court in
1866, the jury scaled, or reduced the
plaintiff’s debt against Russell, and found
a verdict in favor of the plaintiff for only the
sum of $1,990 34, with interest and cost,
upon which verdict a judgment was regularly
eutered and signed. Subsequently, at the
March term, 1871, of the court, the defendant
made a motion to have the judgment rendered
in 1866 opened and reduced under the Relief
Act, and upon the trial of that motion tbe
jury found a verdict reducing the plaintiff’s
judgment against Russell to the sum of $700.
Upon this last verdict no judgment appears to
have been entered. Whether the judgment
was arrested, or whether there was a motion
made and pending for a new trial, does not
affirmatively appear on the face of the record
offered in evidence by the plaintiff. The
conrt held and directed that a verdict should
be rendered in favor of the plaintiff against
the defendant for only the sum of $700, the
amount found by the last verdict, instead of
the sum of $1,999 31, the amount of the
judgment. It was contended on the argu
ment that inasmuch as it appears from
other parts of the record (not offered
in evidence by the plaintiff at the
trial) that there is now a motion for a
new trial pending in the court below from
the finding of the $700 verdict; that this
conrt should consider the fact in this motion
for a new trial in the court below which was
overruled there, and which is assigned for
error here. We can only consider such evi
dence as was offered by the plaintiff in the
court below, and the legal effect of that evi
dence. The defendant introduced no evi
dence at the trial. What is the legal effect
of the evidence contained in the record offer
ed by the plaintiff? That record shows a
verdict and judgment thereon against Rus
sell in favor of the plaintiff for the sum ol
$1,699 34. That record also shows a verdict
of the jury reducing the amount of that
judgment to $700, bnt there is no judgment
of Hie court upon that Verdict, and the legal
presumption is that the judgment was
arrested or a new trial was granted, or some
other valid legal reason existed why a judg
ment was not rendered upon that verdict,
and especially is this so under the provisions
of the second section of the Relief Act of
1868, which declares that the judgment ren
dered under the provisions of that Act shall
supercede the prior judgment. There was no
judgment of the coart contained in tbe record
offered iu evidence by the plaintiff which
superceded the judgment obtained by the
plaintiff against Russell in 18GG for the sum
of $1,999 38, and the court erred in holding
and deciding that the judgment obtained in
1866 had been reduced or superceded accord
ing to the evidence before it. Let the judg
ment of the court below be reversed.
James P. Simmons, for plaintiff in error.
J. N. Glenn, represented by Clark & Pace,
for defendant.
John A. Griffith, for use, etc., vs. J. M.
Mitchell, et al. Illegality, from Walton.
WARNER, C. J.
This case came before the court below on
an issue formed upon an affidavit of illegality
to an execution which had been levied on the
defendant’s property, cn the gronud that he
had not been served with the original pro
cess in the case in which the judgment and
execution was obtained. It appeared on the
face of the record that the defendant was
served by the sheriff. The defendant pro
posed to prove by the sheriff, and by himself,
that he had not been served, and the court
admitted the evidence, bnt there was no judg
ment rendered by the court upon that issue.
The court, however, dismissed the plaintiffs
levy on the property of the defendant,
on the ground that no affidavit had been
filed as to the payment of taxes as required
by the act of 1870, and that was the only
judgment rendered by the Court iu the case,
to which judgment the plaintiff excepted.
The dismissal of the plaintiff's levy on the
property of the defendant, because there was
no affidavit of the payment of taxes as re
quired by the act of 1870, was error. It
would seem, according to the provisions of
the 3264th section of the Code, that in order
to traverse the entry of service by the Sheriff
that the defendant should show that he hfts
done so at the first term after notice of such
entry is had by him, or should show that he
had no notice ot the pendency of the suit
against him piior to the rendition of the
judgment.
Let the judgment of the Court below be
reversed.
Clark «fc Pace, and Walker and McDaniel
for plaintiff in error.
J. W. Arnold, by brief, for defendants.
Thomas W. Alexander, etaL, vs. J. W. Mult-
bie, Executor, et al. Motion from Gwin
nett.
Warner. C. J.
The plaintiffs instituted suit on two notes,
the one dated 16th January, 1872, due one day
after date, for $425,000, the other note dated
28th March, 1861, for $25 00, and obtained a
judgment for the full amount doe on the
notes on the 14th September, 1867. In March
1873, motion was made to open and reduce
that judgment under the provisions of the
Relief Act of 1868. On the hearing of that
motion the jnry, under the charge of the
court, found a verdict for tbe plaintiffs for
the lull amount of {he judgment. The de
fendants made a motion for a new trial on
the ground that tbe court erred in its charge
to the jury, which was overruled, and the de
fendants excepted. The court charged the
jury in substance, that the tender or offer to
tender Confederate notes iQ payment of the
plaintiffs debtor the offer to do the other
things as set forth in the record, did not cre
ate such an equity as would authorize the jury
to reduce the amount of the judgment Iu
view of the evidence contained in the record,
we find no eiror in the charge of the conrt to
tne jury, or in the refusal to grant a new trial.
Let the judgment of the court below be af
firmed.
J. N. Glenn: Clark A Pace, for plaintiffs
in error.
L. J. Winn; J. P. Simmons, for defend
ants in error.
Wm. T. Andt-rson vs. Howard & Sims. Claim
from Wilkes.
WARNER, C. J.
This was a claim case submitted to the
conrt below to determine ihe law and the
facts without the intervention of a jury. The
conrt decided in favor of the claim, where
upon tbe plaintiff excepted. It appears from
the evidence in the record that Howard,
the 19th day of January, 1872, purchased a
stock of goods of Anderson, and executed a
mortgage to him on the goods to secure the
payment therefor. In the month of Febru
ary, 1872, Sims A Howard formed a copart
nership, the terms of which were that Sims
was to famish goods equal in valae to those
pat in by Howard, and to share equally in
the profits. Subsequently goods wero pur
chased by the firm and added to the stock
purchased by Howard from Anderson as
needed according to the agreement of
the parties, which goods were pur
chased in the name of Howard A Sims,
and shipped to them and paid for by them,
except the amount of $420, which remains
unpaid. On the 18th of May, 1872, Ander
son foreclosed his mortgage on the goods
sold to Howard, aud an execution was levied
by the Sheriff on all the goods found in the
store house on the 25th of Slay, 1872. On tbe
1st of Jane, 1872, Howard & Sims interposed
their claim for certain specified articles of the
goods bvied on as the property of Howard,
alleging that said specified goods were not
the property of Howard, but were the proper
ty of the copartnership. Tbe goods claimed
are goods purchased by the copartnership
firm, but the goods iu the store were sold by
at
th« partner j indiscriminately as well from tie
stock purchased by Hdward from Aoderson,
os from the additional stock porehased by the
copartnership firm, and the question is,
whether the additional stock of goods pur
chased by the copartnership is liable to be
sold to on amonnt equal to that of the goods
sold by Howard, covered by Anderson's mort
gage ? In other words, can the goods pur
chased by the copartnership (a pan of which
arc not paid for) be taken and
sold as tbe individual property of How
ard to supply the deficiency in the goods
sold, which were covered by his individual
mortgage to Anderson ? The 1944th section
of the Code declares, that a mortgage may
cover a stock of goods or other things in
balk but changing in specifics, in which case
i the lien is lost on all articles disposed of by
| the mortgagor up to the time of foreclosure,
and attaches on tbe purchases made to sup
ply their place. Now, it is undoubtedly true
that if Howard, the mortgagor, had disposed
of a part of the goods covered by his mort-
I gage to Aoderson, and had purchased and
paid for other goods to supply the place of
those disposed of, that the mortgage lieu
would attach to the goods so purchased to
the extent only of the value of the original
stock mortgaged. Chisholm vs. Chittenden,
45th Georgia Keports, 213. But in the case
now before the court, the additional stock of
goods levied on was not purchased
by Howard, the mortgagor, but
1 was purchased by Howard A Sims, a
j different and distinct party in contemplation
of the law, who have never executed a mort-
! gage upon any goods, so far as the record
shows, and we cannot suppose that it was in
tended by this section of the Code to create a
lien upon goods purchased by third persons,
who were no parties to the mortgage. The
goods covered by the mortgage were the in
dividual property of Howard, the (mortgagor;
the goods claimed are the property of Howard
A Sims, a different and distinct party in con
templation of the law. The court passed its
judgment upon the facts os well as the law,
including the question of fraud, and is to be
considered in the light of a verdict ot the
jury. Lot the jadgment of the court below
be affirmed.
\V. M. A II. P. Reese, for plaintiff in error.
S. H. Hardeman, for defendants.
1L L. Raff et al., vs. W. M. Phillips et al.
Certiorari, from Cobb.
McCAY, J.
1. A private nuisance may be abated in this
State, under the provisions of sections 4023,
etc., of the Revised Code, provided the appli
cation is made by the party injured.
2. The petition for n certiorari is an ex parte
proceeding, and if the petition show a proper
case for the writ it ought to be granted. It is
error in tbeJndge to bear contradictory or
supplementary statements from the defend
ants.
3. To make a business a nuisance it must
be snch to people of ordinary nature or con
dition, it is not sufficient if it be simply offen
sive to delicate or sensitive organizations.
4. An order abating a nuisance onght not
to exceed the necessity of the case and if it
do this it should be set aside.
Judgment reversed.
Gartrell A Duawooddy, Lester A Thomas,
for plaintiff in error.
C. D. Phillips, by brief, for defendant.
John D. Field, Administrator, vs. W. P.
Price. Complaint from Lumpkin.
McCAY. J.
1. Whilst, as a general rule, the principal
alone can sue on a contract made by an agent,
for the benefit of the principal, yet, if the
agent himself have an interest in the con
tract, he may sue upon it in his own name.
2. In this case the contract clearly includes
the Sisson fi fa., as one of the debts, agreed
to be paid ont of the proceeds of the land.
3. Where there have been two judgments
of the Court, on illegalities to an execution,
both ordering the same to proceed as a valid
execution, it is too late for the defendant to
set np a new defense to the execution which
existed before the judgments and of which he
was fully informed at the time of tbe judg
ments.
Judgments affirmed.
Wier Boyd for plaintiff in error.
W. P. Price for defendant.
Larkin Smith vs. H. G. King et al. Equity,
from Gwinoett.
McCAY*, J.
1st. A widow is not put to an election be
tween a child's part and dower until there is
administration on the es^ite of the husband.
Nor does the statute of limitation ran against
her application lor dower if she has remained
io possession of the land until the applica
tion is made.
2d. A bill showing a good case for equita
ble interference ought not to be dismissed on
demurrer for want of a proper prayer, if there
be a general prayer for relief.
3d. When the title of lands.is in tenants in
common, and their several interests have be
come complicated and cannot be definitely
ascertained and set apart at law, equity wilt
entertain jurisdiction to adjust by one decree
the rights of all.
Judgment reversed.
N. L. Hutchins, James P. Simmons, for
plaintiff in error.
J. N. Glenn, Clark A Pace, for the defend
ants.
Louisa S. Hooper vs. E P. Howell, Guardian.
Claim, from Gwinnett.
McCAY*, J.
A wife’s share of her deceased father's real
estate, not distributed but remaining undis
posed of between the heirs, the same being
wild lands, is not so in posssession of the
husband as to bar the wile's right of survi
vorship, if he die before it is distributed or
divided.
Jadgment reversed.
Thos. W. Hooper; Hillycr A Bio., for plain
tiff in tnor.
Peeples A Howell; T. M. Peeples, lor de
fendant.
Jackson Graham, et ah, vs. S. G. Howell, ex
ecutor, et al. Eqnity, from Gwinnett.
McCAY, J.
1. On the trial of a bill by a surviviog part
ner against the representatives of a deceased
partner for an account and settlement of the
partnership affairs, the snrvivor is not a com
petent witness to testify in his own favor, nor
does it alter the case that a portion of the
matter in dispute is a Confederate transaction
and involves the value of Confederate money,
except that the survivor may testify to the
value of said money.
2. When the Judge on a trial charged the
jnry that, if a creditor agree to receive from
his debtor a less sum in satisfaction of a
greater, and the less sum is paid him and he
accepts it, the contract is completed and he
cannot treat it as a nullity and sue for the
balance, and the only evidence of a settle
ment was the testimony of a witness who swore
that the debtor had left with him some money
and papers to be given to tbe creditor, and
that he had given them to him;
Held, That thero was no evidence to jus
tify the charge.
Jadgment reversed.
J. N. Glenn, Clark A Pace, N. L. Hutch
ins. lor plaintiffs in error.
YViun A Simmons, J, P. Simmons, for de
fendants.
John D. Field, jr., vs. M. C. Martio, Execu
tor, etc. Complaint, from Lnmpkin
TRIPPE, J.
1. Where one or two obligees in a bond for
titles dies, the action for a breach of the bond,
for not executing a deed as provided io the
bond, may be brought in the name of tbe
survivor.
2. If the obligor in the bond, after its exe
cution, sell the land to a third person, giving
such person a bond for titles, pats him in
possession, and receives the whole of the pur
chase money, it is a breach of the first bond,
and no demand for a deed is necessary before
action is brought.
3. Although it may be necessary for the
plaintiff to aver in his pleadings the fact that
he is the survivor, os well as the facts as to
the second sale, in order to be entitled to
prove them as a matter of right, yet if (the
testimony be admitted without objection, end
no motion is made to withdraw it from the
jury, he is entitled to tho benefit of snch tes
timony on a motion for a non-suit.
Judgment reversed.
Wier Boyd for plaintiff in error.
W. P. Prico for defendant.
T. J. Ktallings, Execntorvs W. 8. Ivey, Ad
ministrator, et aL Eqnity from YVulton.
TRIPPE, J.
A sale of land by an administrator rum fes-
tnmento a.uuxo, made under an order from
the Conrt of Ordinary, to pay tbe debts of
the testator, where tbe estate is insolvent,
discharges the land of the lien of tbe vendor
for the unpaid purchase money, and the
creditor mast look to the proceeds in the
hands of the representative of the estate.
Jadgment affirmed.
Billups A Brobson, J. J. Floyd for pi un
tiff in enor.
Walker A McDaniel, Clark A Pace, for
defendants.
MKR MIHS.
iTilA jaw. ouiiuNO
APOTHECARIES.
C 'lOLIJER fc VENABLE. Wkoissale and retail Drue-
J stats and Preacrtptionlata. corner Peachtree and
Decatur street#.
ENBY C. POPeT Wholesale Druggtet, U7 Whitehall
street. Atlanta, G*.
H
G"
pHAcbtree street.
AGRICULTURAL WAREHOUSES.
__ _ the bridge, makes advances to planter*. A full
line of Agricultural Implements, Publisher* of the
“■— # Southerner.
TyjABKW. JOHNSON. Dealer tn Agricultural Im-
AUCTIONEERS.
ranee* made on consignments.
James P. Simmons vs. I). M. Byid, et. al.
Case, from Gwinnett.
TRIPPE, J.
A jadgment was obtained against a party
who died in the latter part of 1863, testate,
authorizing his executors to sell either public
ly or privately certain of his farms. The ex
ecutors qualified in December, 1863. The
jadgment creditors soon after tho qualification
of the executors, urged them to sell the ne
groes on account of the near approach of the
Federal army. The executors refused and
hired out most of the negroes for 1864, bnt
on the 6th of July, 1864, at the solicitation of
the creditors, plaintiff included, defendants
consented that they might be levied on and
sold. A levy was made tho next day on all
the slaves, aud they were taken in custody by
the sheriff. In a few days, on account of
threatened raids by the Federal forces, the ne
groes, by consent of the ponies, were sent off
by a mutual agent. In a short time they re
turned, bnt nothing farther appears to have
been done with them by the sheriff or either
of the parties.
Held, That the executors are not liable
to such levying creditor for not having sold
the slaves prior to the levy—it having been
only seven months from the time of their
qualifications as executors—and after the levy
was made the negroes were in the custody of
the law at tho instance of the creditor.
2. Where an executor advances a support
to the family of the deceased, although not
specifically set apart by appraisers, he is en
titled to be credited with it, in accounting
with the creditors and heirs, the burden be
ing on him to show that it was a proper and
necessary amount.
3. A jadgment creditor of a testator cannot
recover in an action on the case against an M|T1
executor, for not selling certain articles of , po,it“oa!
personal property, when the creditor had it — -
in his power to levy on the same, more espe- i _ BARKS,
cially ir it be not shown that they were lost ; 1> ANK OF THE sTATK OF GEOKOIA—F. M. Co
to the estate by not being sold by the exec- ' ^^ * er * Erreident; tv. w. Bell, Cashier. Paper dis
, utor, and the executor points them out to the ! “ u “ ,ed * ®*P8“ U r f cei ™ 1 - Foreign and Dome.tie
I creditor and directs him to levy I _*nd ^ Check, on all point, in
Judgment affirmed. unee
James P. Simmons; Winn A Simmons; Hill-1 rite.'
yer A Bro., for plaintiff in error.
Clark A Pace; J. N. Glenn; N. L. Hutch-
rp J. HIGHTOWER, Wholesale Grocer sad Pro-
JL • T&ioa Dealer, Corner Broad and Whitehall Sts.,
Atlanta.
\%T T. I«*IKK, Family Groceries. AI*o~has ~
TT t Bakery attached. Furnishes bridal cakes,
etc.. Marietta street, west of Spring’s first store.
atreet, Atlanta. Ga.
k CO., Wholesale Grocer, Alabama
SEWING MACHINE AGENCIES.
T he improved home shuttle sewiso
MACHINE. Cheapest and moat Durable. Also,
THE HOME—finest machine made. Price* low. D.
G. Maxwell, Gen’l Agent, corner Broad and Marietta
streets, Atlanta, Ga.
YV family favorite
>▼ .JUi Ham* kewing machine
’ Office, Corner Broad and Marietta SU.
LV IMMU.sa it HUNT, urocene. of every description j Machine°‘ Te * 0l * rj Honw - Th8 P»»t G»in-
MSrietttaSd w2toIn!t r eeti! >W ** JuncUon of *|J OWAKD X SOULE, W neater* VWilMn deirii'g
Tnma I — — II Machine 8^e. Boom. So. 2J MacKAU ,trecL
Al Attlmi (5!r'■ V** 01 *** 1 * Groeer, Albania street, j latest style patterns constantly on hand.
CO., Wholesale Grocer, i
R- T. Smilie Agent,
Broad and Alabama streets. As good i
HARDWARE AND CUTLERY. M
rilOMMET, STEWART A BBCI Hardnre ai„. ! machines ss old Elias llove was among men.
-A., cb f n “', Decatur and Pryor atreet. ...V
poeitc the Kimball House.
as aw c " T1 »tS« Material and Mill Stones,
45 w Lite hall street.
W L WADSWORTH, Hardware, Cutlery Gnn.
’ • Belting, aud Carriage Material.
T C ' “kYSON, Auction,sndCooimiMoa Merchant. ] riVHOS. M. CLABXK * CO., Importers and Whole-
a and Dealer tn Furniture, Marietta street. J_ -4. — i. n—*—— «-.• —
aale dealers in Hardware, Cutlery. Harne** and
REAL ESTATE AGENTS.
B ell a GOLD&eiiii." atl w*n
1EO. W. ADAIR* WaS atSMt. ___lfcL ou «
r Block.
C 'l c. HAMMOCK, Whitehall street, near R^h—^
Jo road.
BOOKSELLERS AND STATIONERS, j Largest stock in the city.
J^HLLLIPS k CREW, Ho. 1 Marietta street. Book* ■
sellers. Stationer* and Piano Dealer*.
SICN AND FRESCO PAINTINC.
tionery, 106 Whitehall Street.
BLSINESS COLLEGES.
M oork ; 8 "southkrh BfnsnrittB university’
corner Broad and Alabama streets, Atlanta, Ga.
A standard institution, the largest and beat practi
cal business school in the South. For circulars, etc.,
address B. F. Moore, A.M. President.
L EWIS H. CLARKE, Dealer in Men*- and Bor*’ W M ’ ? fArKTF 0411 ** f<rand at his old stand.
Hats, Cap*, Fur*, etc. No. 1 James Bank Block i* " * e / e ofdcra will he attended to. Krueger k
Europe, in sums to suit.
Agents for the Inman and Cnnard Steamship
Stg- First class and steerage tickets at lowest
ins, for defendants.
Andrew J. Shaffer vs. John A. Huff. Eject
ment. from Gwinnett.
Trippe, J.
1. Where H. is iudebted to S. and to secure
him for the debt due, and for a father advance
of money made by him to H., H. and his wife,
with the approval of the Ordinary, convey
the homestead which had been set apart for
the benefit of the family of H., to the cred
itor, and he at the same time takes the notes
of the husband for the debt, and executes a
bond to make titles to him for the same land
upon the payment of the notes:
Heud, That the whole transaction consti
tutes nothing more than a mortgage, and the
rights of the beneficiaries of the homestead
arising out of these facts can be set up by the
hnsband in an action against him by the cred
itor to recover the land.
2. The fact that the creditor and the hus
band, on the maturity of the notes, agree be
tween themselves, without tho consent or ap
proval of the wife or the Ordinary, to cancel
the bond and the notes, does not deprive the
wife and children of their rights under the
agreement.
Jadgment affirmed.
F. L. Hutchins, J. N. Glenn, for plaintiff
in error.
F. F. Julian, Clarke Jc Pace, for defendant
in error.
k S. 8ALOSHIN, Bankers and Brokers, next to
JTo National Hotel. Exchange bought and sold.
Money to loan.
rilHH DOLLAR RAVINGS BANK, Ha U Kimball
JL House. William Gordon, president: Jas. M.
Willis, cashier.
Condensed Railroad Time Table,
Giving the arrival and departure of all Trains, cor
! rected by R. D. Mann. General Ticket Agent, No. 14
I Kimball House:
WESTERN AND ATLANTIC RAILROAD.
: Depart* 8.30, a. it., Cincinnati Express; 6, p. it., Ken-
nesaw Lihe. Arrive 1:20 p. it, Cincinnati Express;
! 11:15 p. it., Kennesaw Line.
GEORGIA RAILROAD.
j Depart 8:15 a. M.,and 6 p. m.; Stone Mountain Accom
modation, 5 p. it. Arrive 5:45 p. ii., and 11:15 p it.;
Stone Mountain Accommodation, 8 a. m.
MACON AND WESTERN RAILROAD.
■ Depart 1 a. it.. Mail Train, and 1:30 p. it.; Arrive 5:50
a. it., Mail Train, and 5:40 p. it.
WEST POINT RAILROAD.
Depart 11:30 P. it.; arrive5:40 a if.
i ATLANTA AND RICHMONDaAIR-LINE RAILROAD.
Depart 6:48 a. it.; arrive 7 r. x.
C CITIZENS’ BANK, authorized Capital $1,000,000
j Jno. T. Grant, president; Perino Brown, caah’r
TNO. H. JAMES, Banker, James’ Block.
JTate national bank, capital $100,000
5 Jsme. M. Boll, Pr€.ideoL W. W. Clsyton, Creh
» TLANTA NATIONAL UANkT CspitsT $100,000
X. United State. Depository. A. Austell, President
. H. Tuller. Cashier.
NURSERYS.
S OUTHERN NURSERY, Irwin and Thurmond
proprietor*. Propagator* and Dealer* in Fruit
Tree*. Grape Vine*, Ornamental Shrubbery, Hot
House Plant*, etc.
BAG 3IAN UFACTOR Y.
T? L
JQi l
MAY k CO., Dealer* and Manufacturer* ot
Paper and Cotton Bags, Twine. Rope, Old Metala,
etc... corotr Pryor and Mitchell street*. Atlanta. Ga.
BOOTS AND SHOES.
H ENRY BANKS k SON, wholesale dealers In
Boot* and Shoes, Leather and Shoe Finding*,
Sign of the Golden Boot, 39 Peachtree street, Atlanta,
Whitehall atreet.
and all the latest novelbea in hia line, Whitel
hall atreet. Atlanta. Ga.
L James Bank Block wue™ men viu m umoea to. Krue*ei
wCX ' , Bro. can be fonnd at the office of the above. G.
— - Jafck*. Whitehall street. Atlanta.
in Hat*. Cap*. Fur*, j — ■
SALOONS.
ICE HOUSES.
treet. Finest liquor* in the city. ’
H P. EMEBV. Atlant. Ice House in Junes SmiX () ** »«£»*. Prjor'iwii
• Block, next to Rsilronl. Pure Lsic Ice kept in Bonrton Whisky^ 1 *’ ** *° * * S ° 0: the ° id Bu ** tH
I <* liquor, mixed In the beet style.
JEWELRY. SILVER WARE
STOVE AND HQUSIFURhISHING GOODS,
^VTKWAKl’ A WOOD, dealers in Stores, K
, wire. Housefurni.bing Goods and Children's Car-
piB LAWSHJKTwwche., Clock., J^lryi WsUTer j °' ” Wblteh * 11 * tr< * t -
JsrJ_ W4r ®'tor the Arundel Pebbls Spectacles. UNDERTAKERS.
i , . - - —re — Fine Jew-
elry and Sterling Silver Ware, Parlor Jewelrv
Store, Republic Block, up stairs, opposite Kimball
Stove*. Hollow
60 Whitehall street.
INSURANCE ACENTS.
t IHAS. R. GROOMS, Undertaker, Hearses hrumot'
t >y sent when requested. y
WHITE COODS. NOTIONS. ETC.
P HILLIPS, FLaNDLUS aTcoT, Dealers In Stxule
and Fancy Dry Goods. Beits. Shoes, Hosiery,
J GADSDEN KINO, General Agent, Fire, Marine SS^SoSri^°“' Et °" S °" 88 WhitehmU strMt ' A *-
vy.M/out.1 Ai.Mt, uenerai Agent, nro, aianne i. nt , rw,-.,.
_ _ and Life. London aDd Lancashire Fire. Vir- i _ _ *^**_BB|
ginia. Fir* and Marine. Cotton State* Life. EroaJ YUM. RICH k CO., Wholesale Notions, White Goode
I 1 ’ , Millinery and Fancy Gcoda, 15 Decatur street!
Atlanta. Ga.
atreet. Atlanta. Ga.
I 4
of America. Officer*—T. L. Langston, Presi
dent; C. L. Redwine, Vice-President; J. H. Morgan,
Secretary; General L. J. Gartrell. Attorney; Wi am
a M ’ Broad street, corner
iy F. PECK A CO.. Wholesale White Goods. Notion*
T Hosiery and Gloves, Kimball Honae.
f America. Office Broad street, near Alabama,
W T. WATERS. General Insurance Agent. 37 S.
• Whitehall street, represent* Girard, Man- i
WOOD ENGRAVING.
l^DWABD H. HYDE, Designer and Engraver in
Li Wood, corner Peachtree and Marietta, up stairs.
MISCELLANEOUS.
H ER'LD PUBLISHING COMPANY, Alabama
street, near Broad. All kinds of Job Work neatly
i and promptly executed.
in Boots and Shoe*. Republic Block
CARPETS. MATTINCS. ETC.
S B- KKNDBICKS k 80*8. The largest supply of
• Carpets, Oilcloths and Matting to be fonnd in the
city. Marietta street.
CARRIAGE MANUFACTORY.
A l. FINNEY, Manufacturer of arid dealer in
• Carriages, Buggies, Wagons, 8ewing Machine
Wagons, Ac. Send for Price List. Broadttreet, just
beyond the Bridge.
D AVID McBRIDE. Manufacturer ot Carriages
Wagons rad Baggies, Decatur street.
J. FORD, Carriage
i and Pryor street*.
rTall street.. General Agent of New York
gia of Republic Life Insurance Company, office
Republic Block.
W ALKER k BOYD, Fire Insurance Agency, office
No. 2 Wall street, Kimball House.
Oldest Insurance Agency in the city.
ture. Burglar and Fire-proof Safes, Broad street.
A
ent. J. A. Morris Secretary.
B. Gordon President, A. H. Colquitt Vice Presi-
COMMISSION MERCHANTS.
W 8. KEESE k CO., Commission Merchants,
• 56 Peachtree and 39 Broad street. Best city
reference given.
J A. ANSLEY, formerly J. A. Au*ley k Oo., of An
• gusts. Ga., Commission Merchant, office corner
Pryor and Hunter 8trects. Advances in cash, or by
acceptance, made on goods in store or when bill* La
ding accompany Drafts.
Job Work.
STEAM PRESSES!
FINE PRINTING
having added new presses and
NEW MATERIAL TO OCR
OFFICE, AND SECURED
THE SERVICES OF
Reliable and Experienced
WORKMEN.
Herald Fnisliii Company
IS NOW PREPARED TO EXECUTE
EVERY DISCRIPTION OF
BOOK AND JOB PRINTING
SUCH AS
BILL HEADS, LETTER-HEADS, CIRCU
LARS, MONTHLY STATEMENTS,
SHIPPING RECEIPTS, SHIP
PING TAGS, BILLS OF LAD
ING, NOTES, DRAFTS,
INSURANCE BLANKS.
CERTIFICATES OF
STOCK, FINE
LABELS.
BLANK
CHECKS, LE-
G A L BLANKS.
RAILROAD BLANKS,
INVITATION TICKETS,
E ECTIONTICKETS.BUSINESS
CARDS,Y'ISITING CARDS, CERTI
FICATES OF STOCK, ENVELOPES
PROGRAMMES, HAND BILLS, PAM
PHLETS, ETC., ETC., ETC., ETC., ETC
NEATLY, PROMPTLY, ACCURATELY
Cheap as the Cheapest!
THOSE WHO FAVOR US WITH THEIR
ORDERS MAY RELY UPON ALL PROMI
SES BEING FAITHFULLY CARRIED
OUT. PLEASE REMEMBER YVE HAVE
ONE PRICE FOR ALL!
AND THESE PRICES WILL COMPARE
FAVORABLY YVITH THOSE OF NORTH
ERN CITIES ; IN FACT, RANGE FROM
TEN TO TWENTY-FIVE PER CENT. LESS
THAN MANY OF THEM.
Senil iu your order for any kind oi
PRINTING. Ordcrj from abroad will re
ceive prompt attention and only a reasonable
per rentage on actual cost charged for tbe
name.
HERALD PUBLISHING CO.
ALABAMA SIRE,
BOARDING,
Commission Merchants, and Dealer* in all
kinds of Produce, No. 83 Whitehall 8treet. Atlanta,
Georgia. Order* aud consignments solicited. Re
turns made promptly.
A K. bKAGO, Wholesale Grocer aud General (Jom-
aTl• mission Merchant, corner Forsyth and Mitchell
JOHN A. WIMPY'. Attorney-at-Law. Atlanta. Georgia
99 Practices in all the courts. Special attention given
to the collection of claim*, and all business promptly
attended to.
w
M. T. NEWMAN, Attorney and Counsellor at
Law, corner Whitehall and Alabama streets, up
i rietta street, up stairs, practice*
atreet. Residence, corner.
Attorney-at-law, Whitehall
W. & a. H. R. Office, 9 Alabama Street Grain, Hay, '•
Flour, Bacon, Bulk Meat*. Lard, Ham* (sugar-cured
and plain) Lime, Cement, Plaster, Domestics and Yarn*. :
street, will attend to all kinds of legal business.
i Marietta street.
4 ERGEN ZINGER, Manufacturer of all k’nds of
-$T3L* Bedding, Mattresses, Pilllow*. Bolsters, Etc.
Awuing and Tent Maker, No. 7 Hunter street
near Whitehall, Atlanta. Ga.
1.1 H. LEDL'C, Manufacturer of lin Ware, Agent
JL * for Kerosene Stove*. Pratt’s Astral Oil, Triumph
Washing Machine. Clothe# Wringer, etc.. Belgean
Sheet^Iron and Enameled Ware. Whitehall atreet.
r toan any other paper <u Georgia
PATENT MEDICINES.
sa»5S5»m
fSS
A C. k B. F. WY
* Decatnr and P;
LY. Wholesale Grocer*, corner
Dealer* in Paper, Paper Bags, Twine*, Rope,
Paper stock, old metal, hides, etc., 33 Pryor street,
xtlanta. Ga.
Produce, Lime and Cament Forsyth street, Atlanta,
of Chronic and Acute Rheumatism, Neuralgia, Lum
bago, Sciatu-a, Kidney and Nervous Diseases, alter
year* of suffering, by the taking Dr. Fitter’s Veg
vtable Khenmatir Syrup—the scientific disco v
ery of J. P. Fitlcr, M. D.. a regular graduate physi
cian, with whom we are personally acquainted, who
has for 39 years treated these diseases exclusively with
astonishing results We believe it our Christian duty,
after dehbx ration, to conscientiously request sufferer*
to use it, especially persons in moderate circnmstan
ces, who cannot afford to waste money and tune ou
worthless mixtures. Aa clt.gymen, we seriously feel
the deep responsibility resting on ns in publicly in
dorsing this medicine. But our knowledge and expe
rience of its remarkable merit fully justifies onr ac
tion. Rev. C. H. Ewing. Media, Pennsylvania, sr.ffer-
S W oDi-vorv. ... — — - 1 ed siF.teen years, became hopeless. Rev. Thomas
°?!? er 1 W !l“ el1111 Murphv. D. D.. Frtnkford. Philadelphia; Rev J. B.
• and Alabama streets (upstairs), Atlanta, Ga. Daria, Hiphetowu, New Jersey: Rev. J S. Buchanan,
i T\tpfiHtpFFVHirn . . - :— ! Clarence, Iowa; Rev. G. G. Smith, Pittsford, N. York-
. ™ c,M,n'T’32r ! L-* Offi-
?e“lBaSnTap“.uYr7 U ‘ 8 “ t **' N > 1 j JSST Vab
pamphlet explaining these disease*. On* thousand
» vision Dstler*. Alabama street
J m wp
• Merchants in Grain and Produce. Handles pro
duce by car load without expense. Yellow Front, Ken-
neaaw Block. Forsyth atreet. Atlanta. Ga.
JJEEPLKS _* HOWELL. Attorneys »t Law, No. 20 j ibI
for
and 22 Kimball Honae.
D
OY’AL A NUNNALLY, Attorney* at Law, Griffin
diseases showing equal merit under test, or that can
} produce one-fourth a* many living cure*. Anv per
son sending by letter description of affiiction, will re-
l eeive gratis a legally signed guarantee, naming the
1 - number of bottle* to cure, agreeing to refund the
money npon sworn statement cf its failure to cure.
RED WINE £ FOX.
feb5 Wholesale anil retail Aeerts Atlanta. Ga.
No. 5 and 6 Granite Block. P. O. Box 469.
H. A A. M. THliASilER. 5 Marietta strec
» stair*. 1st floor, practice in ail the court*.
ardson street*.
No. Ill Mariett* Street
ela*a Board for Famili**. Twenty Day Boarders
ill b* received. Meals furnished at hoars to salt
business men. Mt88E$ DUPRE.
augSlw
CLOTHIERS AND TAILORS.
r the National.
1L T B. LOWE k CO.. Dvalf r and Manufacturer o!
' ’ • Ready Made Clothing, old stand, Whitehall
street.
GRATIS. TOBACCO, ETC.
P li. ENGELBERT, Manufacturers of Cigars and
• Tobacco. Finest brands always ou hand. Broad
street, near Bridge.
J MADsEN, 51 Wnitehali street, Manufacturer aud
• Importer of Cigars aud Tobacco, Wholesale and
W.
B. MUSES, Authorized Agent for imported Ha.
nm Cigars, No. 4 K ’* ~
House Cigar stand.
Kim bill Horse. Practice in all the court*.
LIVERY AND SALE STABLES.
proprietor of the Archer Stab
hand a large supply of Mulei
. Blinds. Mouldings, kc.. Broad i
LIQUORS.
Ga, Wholesale dealers in Foreign and Domestic
Whiskies, Wines, Brandies, Rums, Gins, etc., and
Pbop&xktors or the Mountain Gap Whiskies.
Liquors and Cigars. Residence corner Caiu and
Whitehall street, near railroad.
CONTRACTORS
I me Stic Liquors, Peachtree street.
Contracts faith-
M
MARBLE YARDS.
COPPER. BRASS AND IRON.
Founders, Finishers, Gas Fitters and Hheet i.uu
Workers, Broad street, opposite the Sun Building.
All work done promptly.
MEDICAL.
H I
Braa* Workers, and dealer* in Stoves, Marietta ; ialty.
t reet, Atlanta. _ J
_ MUSIC AND MUSICAL INSTRUMENTS.
C l UILFORD, MOOD ft CO.. Dealer* in Music. Or-
W I
CANDY AND CRACKERS.
gans. Pianos, Musical Merchandize, and Impor
ts a true Pu
I y neutralises
and eliminates from the system the specific virus
which causes snch a long list of suffering.
In every form of scrofulous, mercurial and consti
tutional blood complaints, it stands without a compe* r
rapidly curing ulcers, pustulea, carbuncles, sca d head
salt rheum, and the 88 different varieties of akin affec
tions. It is a positive curative for scrofula, and the
deadly enemy of mercury, lead and arsenic, quickly
eliminating them from the system. The Fluid Extract
of Queen's Delight, prepared by Dr. J. 8. Pemberton,
has made the nu st wonderful and astonishing cures.
Its purifying, vivifying and tonic properties exercise
tbe quickest and most wonderful effects in restoring
health. It is harmless to the most delicate, and cau
never be naed amis*. It is the true beautifier cf tho
complexion. If yon want pure, rich blood, clear skin
and beautiful complexion, use the Compound Extract
of Stillingia cr Queen's Delight. Read our treatise on
diseases of the Blood. The genuine has the signature
of the proprietor upon each label.
J. S. PEMBERTON ft CO.,
apll-yl-eod Atlanta, Ga.
LIFE AND MONEY SAVED-NO HUMBUG
has induced me to enlarge my facilities for man-
nurturing, and I am now prepared to fnrnish it in
any quantity to euit purchasers. The efficacy of this
•* Great Remedy.*’ lor Dysentery, Diarrha, the Chole
ra Morbus, and Dentition (cutting of teeth) of child
ren. is, without question, as hundreds of certificates
G y- JACK; **“■» “■* CrscKer Manu/so j <«rs ot Small Instrument, and strings, 68 Wh.tel.sll j Vill testify, that nothin* has ever ben offered to the
ft tory» Whitehall atrsst, Atlanta. i * public as a cure for these diseases
CROCKERY AND GLASSWARE.
Glaaa and Earthenware, Kimball Houee.
O L. BKAUMl’LLER. Dealer in Musical lustra-
• meets, Stationery, and eote agents for Steinway
ft Sons’ and other celebrated piano*, 15 Whitehall
: j treet. Atlanta, Qa.
PHOTOCRAPH GALLERY.
S MITH ft MOTES, Photographic Gallery, over Pope’s
Drug Store, on Whitehall street. First class
I 1 photographs, etc., executed promptly, at reasonable
» rate* Call and see specimens.
DYE-WORKS.
hall and Hunter streets, Atlanta. Ga.
1 D CARPENTER, Dentist, No. 47 Whitehall
1 Jm street, Atlanta, Ga.
R D. BADGER. Surgeon Dentist, Peachtree street.'
Wort promptly and neatly An labed.
FRUITS, VEGETABLES. ETC.
P. O. Box 04.
SUNS, PISTOLE, Etc.
C . H ^ - jgi^I,''4ted*r in' Gan*. Rifles. Pistol* and
Fishing Tackle. Powder Flaaka, Shot Bait*, Am
munition, etc.. Whitehall street, near Depot
11 TUM
at the lowest rate*. Also, a fine WAGON
icic;
CA14N ft CAMP. Wholesale Grocer*
Provision Dealers, 25 Ei
Street, Atlanta, Georgia.
PAINTS* OILS, ULANS, ETC*
TAS. R.
fp Chror
No. 37* 1
PICTURES AND FRAMES.
SANDERS, Manufacturer and Dealer in
Chromoa, Mouldings, Looking Glasses and Plates,
“M Whitehall Street. Atlanta. Ga.
PRIVATE BOARDING BOWES*
M RS. R. E. WILSON, South Pryor Street, between
Hunter and Mitchell. Large front roo n, with
board. Day boarders wanted.
RS. A. K. SMITH’S, oentrally located, nicely fur
nished. carpeted rooms, walnut furniture, neat
». a table provided with the beet fare the market
affords. Call and examine. No. 7*4 Whitehall Street.
ONH H. VIU. Mo. AS Whitehall, rad 73 Broad
Yofn
tl sin
affords.
I’
RS. OVERBY’S Boarding House—Near the
bridge, convenient to all the Church**, Post
Library, etc.
with good board at Mrs. Overby’s, on Broad
treet. just across the bridge.
flSS GREEN,
■ ^ ■ that ia Ha equal. In
premonitory symptoms of the much dreaded epidem
ic Cholera, its effects are speedy and sure. It is pleas
ant to the taste, baa no nauseating effect, and-to be
convinced of it* virtue *tis only neceeeary to give it a
trial. It can be purchasel at the drug stores of Col.
her ft Venable, corner Decatur and Marietta, and Mr.
Howard. Prachtree street and at my office.
I have taken the liberty of appending the names of
a few of our citizens, to whom I respectfully refer a*
to the meriisof this Remedy. They having need it
some of them for years past, both individually nd iu
their families:
Jno R Wallace, Jmlge O A Loch race, A K Seago, JTTva,
George, J T Porter, T J Maher. Leroy Morris, Joseph
Woodruff. Jordon Johnson. Elieh Robinson, Mbit E
Walker. R Montgomery, Geo W Horton, JnoC White,
W J John non, Joe H Ransom, Wm McOranell, M Halt.
O Kicklighter, T,R Snell, Cobb oo, Geo&herdon, J A
Hayden, Robt M Farrar. Wm Power*, Anthony Mur
phy. N R Fowler, Thos G Cruaeell, A L Holbrook. Jaa
Caldwell, Geo WinaLip.
S. T. BICCERS,
ROLK PROPRIETOR,
“ DIGGER’S SOUTHERN REMEDY . ”
a*- Office: Peachtree street, Powell’s Building.
jy-JnodSm
LAST CALL.
^IX psurttea .bo fall to mote a return of tbrir
Taxable propeity to me by tho loth tnat, will And
themselrea -louMe taxed.
aagio-et J. H. FRANKI-IN, a T. R. A a
ATLANTA PAPER HILLS.
Book a ad Saws,
JAKES ORMOND, Proprietor
apt, of tha qaolitr of New*.