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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*. I "E TERMS of the HERALD are u follow* : DU LI. 1 '-'ear <10 00 | WEEKLY, 1 Year... $2 00 o lontha... 6 00 j WEEKLY, 6 Mouth* 1 00 O A, i Month*... 2 50 j WEEKLY, 3 Month* SO D LI 1 'fontb 1 00 j A<j ‘ment* inserted *t moderate rau-a. Sub- , c : i on* *nd advertisements ‘nvanably m ad ranee, v .tort ea H ERALD PUBLISHING CO., Drawer 23 Atlanta, Georgia. ;!Qw oi Alabama Street, near Broad. 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*.