The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, September 13, 1871, Image 4

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/ II /II III THE DAILY SUN. SW New Adveriitementt oltcayt found m Pint Pcie ; Local and Burinea Notice* cm Fourth Page. TWO IDIOLtU 4HHKSTII), ’ mr i.nr n. • tint kgr'nrit the wrong by letting np • int o formal objection to the contract. Where, upon the trial of in K'.ne, lor enticing rway the cernnt of enolbfr, the Coo: t pcimittcd evidence of tb" ron- iconenti .1 d-maqra to • go to the ‘ tho effect that Rut •errant t firct'v W»3 wc it'ouc 1 ; «n.n i i. i • i otul proTi«!o»j| or^lneir cwn, 1 **• zo< ^ mhscquoi t!v «?»»• lured to fill t' Mho night tc.’jre. <Wd * con-Ung^ tTonn'i^^. «*s3« afei. j on file yi-1 rc»al jP v. note eneil on wri p*x*ed ie t-wbanc'”, is i^ocnt »n* Honnr«* TTotlrc attoiuey at law, bythapliipt'^indlirci- 1“ r Kl ion, of the fltm of Bouaer t Bran* j The “sociables” W Rril hospitable so ciety will soon commence, end young gentlemen can seen re splendid soitoet fl<vg*nNrt •» *”«** M .■sartswaa young lWncatfltndMi*who go to par fect themselves in penmanship. This Is e “new departure" which we indo.je, tVofessor apce «* popelsrity College. Alt |>,»aHw»Hw. This pnpnler gentleman will be found at the store of Mr. Was. Bioh A Brother, next door to Kr LawshsY ’ Ttfejr have just opined VOpiendfd stoctof clothing. It ie a new store, with new good*. If yon go round there, yon win And some thing to please, and will be treated lawmgmJttom—. iP.\ WkMitmstssn West extern Kcndsaek has in bis possession, el the Guard Hanss, two trunks, which were found in on open oar belonging to the Maoou k Westers Bei'road. They had been broken open—no doubt had been stolen and plnndered, and thrown into the ear. They had clothing, l>ad clothing, books, family Bible, he. I mc-jter Sto'iced.5 'a «tdlne»j * *tauk was so r r*ot-1 Ac bni'stei! open, rad e-pc-ed an • "—nsl amount of pants and coats. He sailed the attention of Conductor Ransom to the fact; and seeking out the owner, qnmttonsd Mm in ralSHns te it The negro fophod that be had bought the whole loj for ten dollars. This was anoogli. gf Hogan util* he was pnt an- dar guard until the tala returned, when wae brought bask to tha city. te quoatloiu he mid that he his brother hen stolen them, that he rt] toasted at some station and sand the (swak book to hh brother empty, who Wae to put tha bait net of the goods is 1. ] «d seahlp to him. When the train ar rived yesterday the other brother wrs there to receive the i.enh, bnt ofllc rt Komar, who bad been previously advised by Jo. Hansom of the situation, was thereto receive the negro, and arrested him on the spot, He mo rohed them both off to the lock-np. The negroes are named Frank and Judge Phillips, (lenrrh was immediate’* made for the balance of the goods, bat np to a late honr, no treer pf them could be found. This u quick work, and if Cohen didn't give Jo. Bansom a suit of good do thee, he deeetrea to be bf-glai i-cd him none, by vliicli the pi fomptiled to fivnibh the a * ; , Snd, icrkiny aspoor cto;>, ia>e.i m jrero unable trffrf^m beck (■ ■■ Viaioua thus lnrnisbe{ whereby “ 1 the came: Held, it was error to admit IU' evi dence. The damage tire law recognizes as legal in such case ass the actual damages sustained, and the expense of getting other servants, or the injury to the crop, fur want of lal>or, or fuitnre to obtain other labor, otter fuitliiul effort to get 'hern: Held, That the Court erred in refusing a new tiial, having admitted evideace which misled the jury upon the question of damages, under the facts of this case. Judgment reversed. James T. I l'is vs. O. B. Lamer and L. R. Brewer—In Equity, Jurisdiction. LOCHRANK, C. J. Where A filed bis bill in equity against B and L, in which ha alleged that It, as the agent of L, sold him i utain guano which was worthless, and offered for sale by these parlies, and the defendants de murred to the bill on the ground that L, who was the owner of the gnanc, resided in a different county from where theanit was brought, and also for want of equity, and the Court sustained the demurrer: Held, That the Court did not commit error under the fact i in the record.— Equity will not obtain jurisdiction over a party who resides in a different county, by making bis agent a defendant, upon the general allegation of fraud, for his , interest in the commissions on the sale, as such agent. Judgment affirmed. Southwestern Railroad Company vs. Rowan A MeCa my—Breach of Con tract. McKAY, J. ■saicim in wasmsotos comv Tbs Brsat Csast List. A Su Kills* by His Patbsr-la-law. 5 1 A* - i Wo lean from a private aouroe, that on tbe morning of the 9th inst, M •• Beaton (tiantlaud Du Bignon, (grandson of the late Seaton Grantland), wav sbol and killed by bis father-in-law, Dr. Carr. This occurred in Washington, where both parties resided. Wa have aot beard the full particulars of this blu t}secure plaintiffsgoinetlocsai(heir, v early oa, ttfev Ibrr t A WindaKly mof\ snd it was agreed between plaintiff and 1! defendant thit t'-is nets, with theiAhet i * nutev, should be collected by httn r» d v the nroceeds -applied to the ; yvn: ut o’. 3 I the lirst nqt», on which plaintiff w.i aunty, and the balance tv be returned 'o BoAsdrABnHttonfortbebenrtitof th r ' editor.i, the firm being insolvent, a- d (Hit lie hrodght i stt on the cote in the name of the plaintiff with that uud.-- •luuding. W. Houser, of the firm of K. Houser & Brunson, is a different man from the payee of this note, J. Honser, ot the firm of Honser A Brunson, the defendants being a {arming firm, and the payee of the note a mercantile firm.— Upon this evidence the Court dismissed the plaintiff's action. In onr judgment this was atror. The plaintiff, at the time be commenced his aotion on the note, had the legal titlo thereto, and wav enti tled to recover a judgment thereon against the defendants, the proceeds of which, when collected, he would bold av trustee for thoco who are legally or equitably en titled to the ssme. Tbe Coart should have submitted the evidence to the jnry, snd charged them as to the law applicable thereto. Judgment reversed. J. C. Zorn va N. F. and N. M. Walker— In Equity. Homestead. WARNER, J. This was a bill filed against the defen- d nts by the plaintiff as the purchaser of a certain tract of land, 1 at sheriff's :.a 1 , under ft. fa. against N. F. Warner, d, feudant, praying for aa injunction to re strain them fit u prosecuting their res pective claims to a homestead on tbe land i purchased. The biff alleges that tho (’.fendi-nts are fraudrlentiy combining together to obtain homesteads on the land for the benefit of N. F. Walker, one of the defendants, the other defendant not beirg entitled to a home3te . under the law, and that the complainant, not heir g a err litor of the applicants for home stead, cannot be heard in a common law CONTENTS “ATLANTA WEEKLY HUN,” »»» yrtga yjoiso WSmiESDlT. SICI<TBHBKJ< U, 1131. !'»*« 1-Til, .outiuuk >ln OftuuiJe .-Jt' bU In uis Cnuriar Juvradl I ill* tsseyUH-iA'WlN. Hoi. . t«tata|w#Mr<«M> , i*ih,«k',„ i...« OOMMKI OI^'. , r ». H«liAP4L AMOCvittKttCIA. , • *> AwoANT^, Sept 12, 1871s The market *o-di»y, although fpiygoJ, \fi hot so brisk aa crihiyt L;u‘go (jUtiiibitic? oi jhif^ging and iron ": li'r are eoroing in, uuaI for GO' agobdpau oC tlie tiade. *>*• • ^ h-J-«.« «4i Jesiljj Sewing Ulatlime* r ■> ip« t ,v 3 i s;- 1 ‘ ■©' 'ffj'" & Where, on the trial of a suit to reefer < 3° urt » ‘b® “<“e- Tke bill damsgr v for breach of contract to receive demurred to for want of equity and and pay for a certain amount of railroud because it was multifarious. The Court Stringers, it become material to show that I sustained the latter ground of the de- a portion of the stringers bad been dsLv-1 ® urrcf » nd overruled the former, and tred and paid for: Held, That a witness who knew of the existence of the contract only frou hearsay, might testify that tbe sti'ugers were delivered andjmid for under the con tract, since Ibis is no more thus to cay that they acted on What they claimed or suppose 1 to lie a contract. The evidence dsns Pot go to show that there wis a oou- : me, hut only a part ot the ret getter ot the de'ive,y. Tbe affUers of ibis line are «vwy Merton to make It Iks mo* coca fortable and desirable route North. Ele gant Parlor ears ire now running regu larly; and for liberality and oourtesy, the officers an unequalled. Arrangements are being made to carry members of the affjr, but understand that a bad feeliD31 ‘ 'Sphere (here. * l ° tc^imouy be.’ore the bad existed between them for lome ' ne, jury oa tho trial for a breech of a cou- also that the vordiet of e coroner's pup,' tract to receive railroad stringed a£ 815 relnroed that Dr, Carr kd'ed Mr. Dn j * thousand feet, and there was evidence cor i ( l have done, under whose judgment Bicnonin se" defence 0 °, ' T^r \ «<> fiction he derives his title to the Itignonm «e . aeteuco. ^fco proof that alter the refusal to re- j ,, nd fa dm, word ^ the purchase of We regret exc.i-d.njy !o chron c.e [ c*vw, tto marfMmnoe fell toffia, toCIO, 1(ndj nnder . j a d g ment in f«VOT 0 f acred- sr.eh unna'.i'i il occ’-rrence-i as tliin, ..-id.an* to W a tnou aindt 1 itor, at Sheiius sale, on which a home- making “ is » "“ ttet of due P •’| w^ali the'elemcnta torVie 1,1 ad “ C ’' lim6d ' h ‘' 1 - mnch wi,hiu * he 1 are hecomina so e im-uor. Both >*'A j nl / , u arr i ve at the damages, aod as gentlemen occluded flue xx ial pc .1 ’ors there was no comjil. int of the almrgo of bo.h parties excepted. We tb’nk the Court eired on both grounds. If there wav equity in the bill, the charge o* r. fraudulent combination between tbe fendauts would not make the bill mr... farioua bnt woold relieve from that < - jection or demurrer therefor. Although tbe complainant, as a pr - chai r of land at a Sheriff's sale, is no, a I erediior of the applicants for a home-1 siesd on the lands so purchased, still ii derivejhiv title to the land under the , . ,, judgment of a creditor, ami may urge l ie learn that the old Wot sy Chapel build- wime objections in the Court of Ordimny, j ’ 'g wi'l be cold at a c ion by Me. . Page a—Tit'getr YurtcvVotVS'iskn kuauts'esnf ■ -ciottoU vlihi; .v ltt»iiu apM*il t*odta-i e*,ln. Wx,hlni{ton Correepondeuro. A. It. S. aa t ( . v ^ fa^e. We quote : nl i,j UiiAia-Corn by ear-load 80(<jrfi7l eeuta Wheat—Bed 8L50; prime white 81.60^< 1.70. Oats05@70. Rye $1.20fgl.25.— Barley 81.26. Baoow—Shonldera 8jc; dear rib tides 9, cents; clear sides Die; canvassed hams li(u,17c, bulk jc lower. Lahd—Barrels 111(3,111; kegs ami cans Flock—Superfine, 85.50; extra, 87. family, 88(di8.25; fancy, 89. Meal, rro.—Quite an aotive t\ - • u exists, and many orders are received f: 0.4 a distance. Corn meal per huthc-1 90e. Bran, per ewt., 81.00. GiiontBim—We quote A sugar st 14 J. • extra (114ie; yellow 0 13ia,19tc; fair to choice crushed, powdered and granul ted 15{c; hruwu 12(s 10c. Hie cell, e 19@20c; Java 20c; Lagnira 20c. Mt lasses, in barrels, B4c; hogsheads 29(0.00; New Orleans prime 70c. Liverpool salt 32.2C ; Virginia saU$2.3o @82.40. Rice lOKSlle.jGinsing 12@22c. Cuudles— rm lie; adamantine 13J@ 14lc. Per get 25e. Kacs Ginger 15c. Starch «e Cigars, domestic, per th on- sand 40. Teas—Green tea W(gi 1.50; Mac, 00c@1.25. Soap 5@10c. Cinckers 6(1’15c. Fircir.—Mongh Peacboj, 81(o>5 pe bushel; peeled, 10c. per lb. Diied a pies, yieelcd, 8S1 per bn-hel. Grei Georgia, • < >3i@4; per bhl. Northern, 85(o 6 per hit’. Onions.—80(« 4 per hble. < Mss. C0c.(gff5c. per fo. Counti.y Fbodoce. —Butter 20(r30; eggs 19@25c. ’ ' Uo'rroN Goods.—b.andai-d 4-4 e ‘cet- iu 3 , llic.((i.l2J; J do. 10c.g,10i: 3 do. 8 e. Osuaburgs, 13c.@10; cotton checks, 13e.(«15; cotton stiipes, 11c. j(« 14; cotton yarns, til numbers, $1.35prl 1.40. Cement and T.imr,—Mar.... h. . Cherokee lime 55c; ChewacR C0e- draulic cement, per bbl., 84; James er, 84; plaster of Paris, per bbl., 83. Hay—Moderate. Prime clover, ,,t( ton, 830; Tennessee, 830@33; Time v. cS2@35. Te ireoo—Low grades 55@60c ; 58(o)65 ; good, 75(0)90; fins, ; ‘ . , choice brands, 81 25@1 50. 1 ,1-:—Allens, 11|; bprague . TV- ■: li. ; Lvncaster, 10} ; Warn Me.‘uses, 1!}; Garners, 1 l’lllUaxl OuasaMlur Mol IT-pOtL A VAouicr In iht Offlce of Governor, etc. Pago 3— Henry Clowe. A Naked Uearpetuto. Aw* preene Ooart DeeUkSu. Oaorsla Newe. Trio- (rains, ate. Page (—Letter from Ivanlioe Darien. The Pub lic Debt Mr. Stephens and liia Critlca. Georg % Hews. A Bloody Stabbing Aflkir. OcTernor Bul- loek beard from. Telegrams, atc. Page ft—The Montgomery Ad wiser. CaUiornia. Well! Well 11 Well 111 A Oircn'ar Letter Issued by the Chamber of Commerce. Mayor's Court. Georgia Mews. Telegrams. WMbingtou Humors about Bullock and Kimball. New York Weekly Cotton Statement, etc. Paige 6—Washington Correspondence—from Crt > lUd'cal Plunderers. Thelate.BailroadConvention In Atlanta. The Authorship of that Pamphlet Georgia Mews. Telegrams. Illness of Dr. Melt Etc., etc. Page T—Sun-Strokes. Georgia Mews. At Sarato ga-Terrible Trials of a Youth. A Pleasure beaker in Trouble. Iirdy at the Depot Advertiseinenta. Etc., etc. P*ge S—A Club of 104 Subscribers. Tehgr»ms. Georgia Wcttern Railroad. Clay Ion Superior I Court Georgia News. Post Office Established at Norcrosa. Special Premiums. Telegraphic Mar kets. Mew Advsrtlaemsnta, etc. SUPREME COURT OP GEORGIA Regular Order ot Business.—Csvea yet to be Decided. 9. Flint.! 18 10. Tallapoosa 5 11. Athnta 33 12. Rome 12 13. Cherokee 18 II Nor hei 1 5 15, Augnvta 10 10. Middle 1 17. Ocmnlgee 5 18. Eastern 6 19. Brunswick 5 September ti-tf Nougat de Marm‘iUes, ut Block’s Candy Factory, jy29-tf *3^, Nougat de Marseilles, at Block’s Candy Faetoj v. jv29-tf tap- Wk.,Li.rCh'vll at Auction.—We .O' 1 *0 M f \r \ (i, > ' l Cl W s Kg 0 s. s a. a s w r f ' f K Is 3 £ w H Q I 9 C -i- 55 O - § * ^ if P 3 w p I ;tf id . UP ■ „ iL 1 ■ u. . i.V.vull 8*5.00Saved! PJUCES AND TEKUS Of WILSON SHUTTLE Sewing VSehinea. UNDERFEED NETT CASH. $10 >» MO. $3 TE MO. No. 5, Plain Table $ 45 $ 88 ffiO. Mo. G, half-ease, pin bx 50 80 Mo. 7. do fkn'y 35 85 70. No. 7, Folding cover 70 SO Na. 8, Full Cabinet, 100 110 No. 8, Folding Cover, UQ ' “ WARRANTED ITYI YEARS BY WILSON SEWING JfAqBCJMD OO We wish It dfstiuctly uadoratood that theM am onr terms from which wa never deviate; and we guaran tee our Machines to have erery sotei of excellence to be found in any Underfeed Shuttle Machine, and as durable, made of as good material as any Machine in tho world, end that it wttl do aa elegant work. W. H. GRIFFIN. Gen. Agent, £1 Peachtree Street, Atlanta. Oa. «; or in the Sapeiior Cota*, wi tbe Ck'ed.tor Dell & Hummock on Saturday next, (he C’or-ester 11* Amoskcgoa DJ. ** lC'.h instant, at 10 o’c’ook, on the p*om- Haudvarb.—Nails—10«1 to 60*1 io X | till $5.20; 4dW.7o; 3*1 in their neighborhood. l)rUlvr'« Opci'a Ilovec# Templeton oou*iuurs to elccUi.y the Commercial Convention for one fare to Uwtro-toer. of this city, and would be Baltimore and return. vnlcome to stay v"h li fertile rc Tfte O'Neal Malkler Trial. The preliminary trial of O'Neal for the murder of ^Jttle, was concluded be fore Justice Johnson yesterday after noon. The evidence was deemed suffi cient to requite a bond for hie appear ance, And as that Coart had na authority to lake a stipulated bond, O'Neel wav remanded to jail, to aw ait the action of the next Grand Jaiy. / - - her meander of the rc - an poescaies eon edeiuble eotly andeuvo. i 11 eql with l*fi "-na'.i sir: Talent. F, (ban that, the company is Ge E and is be Her Ur erving anpiort tie 11 the numerous str Ring b ml • i om o.'.c - re gions. We migtit i most ay that 'letu- pleton is an At' n‘. . dilution. M ; Alice Vane is as piqnrit rid clir a' g n ever, with the yoieo of a n : ght Four white psesatis, two males and two femaUa, having been indicted in the Diatrlet Court fan living together k a Hale of fornication, were discharged by peppering marriage Bosneea and having the ecreanony performed. By permtarion of the Oonrt a no": proMqui was entered in the cose tgainnt Powell and Love for an affray. A rota anti was taken, colling on H. Kanriaeb to show cense at tha next term of the District Court, why bis reo -g- nanes show Id not b» forfeited—l*a hav in g tstlcdto produce his partiiepe erimiou according to bit bond. CaltW ntatss Oewrt. Several oases were dispoecd of in this Cmwtyrggnfy-wdl for illicit dithffias The most'Interesting case was that of John Ouden. Argument was eom- manosd, bnt the conclusion was ileferred till this morning. Lot al land 180, 14th district ot Cher okee, we i forfeited for having a distillery npoait May nor Sanders, of Banks county, wi t granted a discharge in bankruptcy. Av the lmsSneev progri sses the inter- sat inerttaea, aod the ooart room is crowded all the timix 4 Gen. 8. W. Crawford, who is sUtiimed at Hnnt«viUe, lt in the oity, attending a General Court Martial, which ts to be h*)d at McPherson'■ barracks. Mr. Isaac 8. Clark, on old G itor, once connected with the thorgiaoL, has been in the city a tsw daya He ii well and growing younger every dgy—in pppeasanoe, at least. Col. 8. B. MeOamy, of the Gainesville White Sulphur Springs, is in town. He hss given his hotel quite a reputation Bessys Ostoesvilit » my Mr.AP.Itee, lakef Covington and of livery pta^le notoriety, is quite ill in Got John D. Alexander, of the G riffle a<*v4atenha<Ay, looMng after As in ten* of that joarnsL - ( Oo«& oppeaM to te quite lively when in toe Oen. P. M. B. Young, who has iu* Mtoaii fspm tha Bpringa Is spending a few days with ws. He looks better than ever. <M. Graham, member elect to the Lcgiriatan from Dade, is at the Kimball House. The Colonel says the people in rJV“?“° ,1 . ar * L happy and honest, and attending to their own business. the Couit, there was no error in refusing n new tiial. Judgment affirmed, Jno. L. Moore, va J. 8. Ewings and Wm. A. Leggett, F.xecntors of w. II. Hm vtoii—New trial. McKAY, J. _. | Aa there win sufficient evidence in tl'b luo ■ impmy ^ ^ susirin the verdict, and n tee Vnt, and hou- newly ili covered evidence win O 'iy 'i tho pu’o’ic ■ enmilhtive, there was no error iu r. i .- ing a new tiial. Judqaient rfflinicd. Toinmoy and Stowu , v i. J. I Eqnil". McKAY, J. In this c. r the question before I* lull .lu ll, alt grades, shout Mo In J®. OmcEs to Bent.—One room on I Iron—Suede 7c; horse shoe iron reason sad spi it of tho act of 185C, av the credi'or under whose judgment he deiivri his tit e, and rauy be heard and make the same ohji ctionu to the g.-unting of (he homes.oud, os the creditor coo’d have done. Judgment rever cd. D. A. Baker va. G. \Y. T. Bower, iJae. • 7 —Rnle vs. She:iff—Homestead. WARNER, J. This was a rule egainst the Sheriff, calling on him to show cause why he should not pay pt. intiff tho amount di e on uu execution ngainst tho defendant, or bo attached for contempt in failing to execute the proee cos of the OoBjt The Sheriff showed for cause that the defen dant, on the 4ih August, 1870, filed an affidavit under tho provisions of the act of 1868, for the relief of debtors, and to jnry wr. •, whether ihe evidence of a cer- j adjust the same on principles of Equity. tain debt lies been transferred so as o d feat a lei nil. filed by the defendant.!. It is in proof that the transfer, it mm o r.t sad s manner pica mg and grc cful. all, vrev made collaterally, and that Mi-v Isabella is a e.cci all - kmum, and, the transferee had not given np tho evi- in bit, the whole company is cor ide- rably above medioc ity. The Hop. A vet..- nice and a very select puily of Uidiea and gentlemen inaugurated the hop sen on at the Kimba'l House lr t night. The beginning promises well, snd will beyond a doubt be a brffinnt snee- s. Prof. Robinson and his splen did orohi tm are features of th o en- lerlsinmeat x Cmu KniVlal. At the luirecks yesterday wss organis ed a genet. 1 Oonrt Martial. The Judge Advocate for the Depa- nent, Maj. H. B. Dptahrm, pre kden. The Court iv com posed of twelve office, s Sereiwl impor tant e.1 .‘0 *e to be tried, omotij theta a Lieutenant from tha gerrison at Hunta- viffe. The Court will f rol ably be in ses- alon two weeks. We notice a curd on the door of the 81. eping-car Office, over which onr ex cellent friend Vol. Drilling presides, stating that “birthscan be scour. 1 here.” Now, we dcsiro to know tf them ie not a typographiecl error in this sentence, or is onr friend Dunning prcjwrcd to ft' > n'tU the article advertised? deuoes of deb.. The Judge charged the jnry that if they found the transfer wu laof.tc ben the t.ansieiree would bo protect,.I against the offset Thero was no request Ibat the judge should charge as to "he effort of the tre n-fertwi’a retain ing paws, or ion of the notes. The jury found r.-nmgt the traUBfer and in favor of tbe oi set. A motion was me lo for a new trial, o.i the gronnd that the verdict was contra y to evidence. The court overruled the motion on the grounds ta ken, but granted a new tiial on the ground that lie had erred iu not charging the jury that the retaining posse, -ion of the notes by the trunsfeiree was no ground of fraud: Held, That, this was error, as in imb alance this charge bed been really given, at least so fur ns it was proper for the court to direct the jury as to the weight of the ev i.leuoe. Judgment reversed. N. F. Walker etal vs. J. B. Walker etal. Bill of Review. McKAY, J. Where there was a bill and answer and plea, and it m agreed that there was no dispute as to theucts, and that the judge should decide the case upon the plead ings; Held, that tho fasts set forth i't the bill, and answer and plea, are all to be taken by tbe judge as time. By cement of parties a verdict was taken for .he complainant, the amount of the verdict to be blank, and it the same term |f the court there wm an agreement lij the parties, put upon the minutes, reciting the fact of the verdict, and agreeing that the blank should be filled by Ihe Judge, after a hearing in the case, aud a decree was taken by the com plainant, leaving the amount s’so in [dank to lie filled by tho judge, and there v.as a hearing hod, and an order of the judge directing! he clerk to fill the blanks, which was done; Held, That under this state of faats, nf.er ueu. ly throe yours had elapsed »ith DULY PHOCWDISU OK THIS.- PRIU COWBT. ScritEHE CoeitT orGooituu, I September 12tb, 1874. j Aftsr dclivety of opinions heretofo e argued, rrgumenl of No, 12—Flint Ci' *3k—El’valieth L. Sullivan vs. Tho Cot to* Btuteu Life Insurunoe Company—was out any mofioii by defendant, it was not Miwmrd, pending whioh the Court ud- error lor the aautibclow to refuse to sns- Jorravd till 10 o'clock, a. si., to-morrow, taiu a bill of review on too sole grouud of en error of law anporont on the face of the proceedings. Whatever defect there is in tho record la cored by the coasent i ot the parties. | Judgment affirmed. O. A. Houser vs. |W. Houser and Win. Brunson, I WARNER, J. The note on which tbe judgment w: rendered boro date prior to 1st of June, 1865. The jnd-ment on whioh execution issued is da'ed 29.b September, 1869; that there was a resolution of the Qcneral Assembly prohibiting the levy and sale of propeity under execution based on a contract prior to Juno 1st, 1865, and tliat the property of the defendant has been set apart as a homestead. It ap pears that tbe execution was placed in the Sheriff's hands on tbe 16th day of Uav, 1870, by plr.intiit a attorney, with written notice that the debt on which the judgment was founded was givon for the purchase money of lund, on which he was directed ’and required to levy the execution; that tbe Sheriff levied the execution on the land, aa required by tbe notice on the 2-ith of July, 1870. The rule was moved for against him in March, 1871. On hearing the rnle and Sheriff's answer the Uourt discharged the same, and the plaintiff excepted: Held, that the Court should have made the role absolute against the Sheriff for the amount of the value of the land which he nr.s notified to levy on and sell, that being the extent of tin'injury which the plaintiff sustained by the failure of tbe Sheriff to perform hi, legal duty and not the amonnt due ou tlio execution, if that shall exceed the value of the land, and that the Court below erred in dis charging tbe rnle against the Sheriff. Judgment reversed. G. S. Whitlcn vs. the Mayor and Coun cil of Covington—Mandamus. WAR.1ER, J. This wss a mandamus, l>y the petition er, ceiling on tbe Mayor and Council to show enu e why a license should not be granted to him to retail spirituous liquors within the limits of Covington. The ei y authorities allowed, for catro, that the petitioner had failed to oomplv with tliat part of a city ordinance iu re lation to the i-suing of lioonsoa, which is as follows : “ He shall, before roceiviiq stick Hoflnae, produce the written reco. - unaodaMon of four of his neare A n«(, i- 2u floor; also a portion of the office iu- clud'Dg one window on tbe that floor— l The Sun Building, on Broad street. Apply 11 J. Henly Smuii tf. Sun Office. *oy Houses Wanted. -Good tenants will rent two houses, one with three or four rooms, aud the other with six o.* eight rooms, by applying to The Sun Of fice. Said houses must be convenient to said office. Possession wanted on 1st Octobe ■. Rent always paid in advance. tf. 9®. H. H. Witt k Co., on Line 6trect, opposite Thos. M. Clark & Co., are re ceiving consignments daily, of apples, cabbages, chickens, butter, and country produce generally. They do strictly a commission business. H. H. Witt A Co. are proprietors of tli6 Air-Line Express. Office at tlieir r.to~e on Line street. sepI2-6t bars, onah signature to rcpracut a mb " - 55t. 7 Upt, City f.Iihs aud Pittsburg liar do. Live Stuck.—Catlli—Tcuucasee, : 4Jc; country, 2@31c; sheep— coeutry . “lc; Tennessee, 4c; shouts, 5@5 e. Our quotations are made up in- from tho largest and most rospo . dealers in the oity, and may lie rei’< i. as correct Whisky trade is d.'T but impiori : Coiton.—Tho market yeitonlry film at IK J cents—Veiv .do cooing Bagcing—221 to 23." Tiki—C to 7c. No Ro|io in market. Hliscclliwcons. Adiiiiui8jtn!tor , tt J?*ulo. B v ^ State or GkobuiA, Taliaferro County. r of the Court of Ordinary of HOWE’S Lock-Stitch Sewing 2.C \CHIISrBS 4 ) ’ OWNED FOR DURABILITY .Ti machinery, the perfection of i. » • . , l unparalleled wide range of performing wlthont chan.-^ will be aold t in November next, 1871, between the lawful hour* __ _ _ __ a Ilousr door, in CiwwfordvUlo, In | ki'Jp9IT tintt UBlfttiMM In Pariit, 1867, they were awarded the Highest T ~ot —H5MMtviveGold Metal—over82 compctit re, uU — os8 OF THE L » i the first 1 uesday . r lands belonging to the “ Alexander H. Stephens on the Study of the Law.”—A 16 page pam phlet—one of the profoundest of Mr. Stephens' many productions. Single copy 15 cents ; 50 copies 85. • Address J. Henly Smith, Manager Sun Office, , scpt4-tf Atlanta, Go. office, chus-ches, and mills. Mr. James A. Oiler is on the place, and will take pleasure . show >g the land? to any one wishing to to see it. Bold 'n lots to snlt tbe purchaser*. A plat of earhsu.vey wiU be exhibited ou day uf s»le. Sold for the benefit of the heirs of w'd deceased. Terms, one snd ;wo years time for approved paper*. This, September 11, 1871. JAMES M. TRIPLETT. Administr. de bonus non, with the will annexed, neptll-tde iiOWE a* the origii chine. The growins appreciation of their characterist c exoellvuce by the intelligent people of tbU oouutry wa* clearly shown by the unprecedented sale of the Howe Sewing Machine dorlDS the pMt yar, being fhr In MtaM of thow of To Onr City Subscriber*. We have been revising onr city list. I Perhaps some errors have occnrred in it. If any ono entitled to The Sun fails to receive it, we will take it as a favor to be informed. tf To Printer,. Twelve newspaper chases, suitable for papers from 22x32 to 24x36, w ill be sold cheap. Address J. Henly Smith, tf. Business Manager Sun. w. v. HOWASU. a H. uuWAnn , other W. H. HOWARD & SON, COTTON FACTORS AND | IS5. ^* c ?u«*ua.! ‘Howe, or Lock-Stitch’ tender our services in the Warehouse 9 More than ONE THOUSAND * *•••«; oellent mac hint* art in daily uae iu Ucoia-a, and of this very large number a single case of imsatlufur- tlon cannot be found. They make til* A Ptat-OMce K tnblitkod nt Norcrosa. Atlanta Poi.r-OrricE, Atlanta, Ga., 9 Se;>u, 1871. Editon Sun : Plea 3 aunor ucs the papera neoo.sary to establish a post- office at Norcrosa have been perfected, and that a daily mail for that place will close at this office at 2 o’clock r. n. tf James L. Dunnino, P. M. IfMlal Pisnlsrs. OUL- 1 OH, - J. ) 8UPHEA1E COUHT DECISIOAA j September 12, 1871. G. B. Goiter, vs. Jno. Howh.vI—Jkitici away another's terra 0. _ LOCHRANE, C. J. , Wtovc A su'd B, to rtoover dams Tor tbe enticing and employment bv _ ' This was an action against the defend- * of Cie tervan on he p utution oi .an tv on a promissoiy note for 82,350 93, which ho alleji i were 1 "red by bim 7o -1 payable to Hooner A Branson or beare ■, the yerr 1686, and a motion wm mu., for a non-suit to* defendant, ou tbe grou anddi imi . ing th Judgment affiimed. John A. Dominick va Branch C. Bow- Join, jailer. IAiwerof the Governor to pardon before indictment and con viction. dated Jaauiuy 1, 1868, aud duo one day j McKAY, J. after date. The defendants pleaded the 1 When o ie wau in custody of tbe ja'Ier S»'aETi iiy’s Ornoa, Atlanta Agricul tural and Industrial Association, Atlanta, Ga., September 9,1871, No premium having been offered m the List of Promiuma for the Fair ot this Association in Ootober ou tbe publi cation of papera, the piibliahcm of At- ssaKrtas-^sa: 1 is» -saaea esr xe^ted: AxLauta. Oa.. Q«pUm*.rr 4 h, 1871. , That thia was a legal ami val-d 1 'U _ of the city, uodgr tho firaot of, uub'uiMn or a. ..ujk, oo«*r i a«»a two uoiu k. r cr oonferred by the lffth of • ••tu't rity toaiter, and that there waa no LtK - f, " k ” ’* Held, TL OMIHIIN < in lefusing to make toe n*N<fc*u* >**Wt A and the ser-|from tho evidence of the plaintiff who | Court, which wav found'1 on an indict that to* proof" failed I r chow that there • genarel iaauo. On the trial, it appears | under a bench waituat from the Superior ymi a csntraet between A'and the set- ~ ’’ “ yautv, the lack being | tbr.t A and such sanrante had entered in' > a written oou- tract, Which vrii Hot signed, though it vrri .’ontemplated that it should be, but tervanto had i D. '\j p-.]<rr pub httmi in G*o.out-itl* *f A; t:—Juggni by li* mtva«nical m k* up, ^enetii' htyl* ■a tuauncr of (feptti'anroK *uU iioM .Je. L • • • For I t* brat prnM M W—tfy pup*ry»fiG- lia'jod in tieorguh—outaidc uf'AU*uU—*u«a Cold Me«'tl. W. A. HnrauL k On., r*M.di*.* of (he ACxuM Ooa*aiutM>a. 9. HtNLT Sum, Manager Su* PMUtDkig Com- Oucsa. PwblUhrr New Em. BamCkl BaED, Pubhabrr 1 >-«• <4vor- Ml. 9. 9. Toon. Pabltolmr OtrMMu lafr*k «ml V.v__.. I old put* 1 whit a ei: . aide cl .II' Commitisloii for Selling Cotton, lhlu One and a Quarter PerCent. I The o All family tupplie* ordered will be carefully *e- 1 . , & “ lecied by one of Ihe firm, ut the lowest market, ' ' n price*. j ' ‘ •*“ Orders for Bagging and Tie* will be promptly , ,, * filled, and at the lowest cash price. ! ” * Liberal oaah advanoes made on cotton in ware action guaruAtoe. Jennings, Smith. & Co., COTTON FACTORS AND COMMISSION MERCHANTS, pj AVK thia day removed to No. 5, McIntosh atrect, Augusta, Oeor^la, (oppoaite our former place of bos* ineea.) where we have the moat ample u4 Close Storage of any in the city, which U Strictly Fire- Proof. Coit*ljrnmentM Solicited. B^fmbwl, 18T1—eapll-dftwfim. University of Georgia. SEVENTY ITR 8T TEAR FACULTY. A. A. LIPSOOMBs IK D., LL. IX, CtoAwraixoa. P. H. MELL, D. D., Tkk Cmaxcxlujb BCROOLB. Ancient Languages —W. H. WADDET.L, A. M. " I Modem Language*-'M. J. HMRAD. Fh. D. .)« Rhetoric and Bailee Lettrra-CHAft. MOtUtlg, A. J' j thtou aud Metaphyeice—P. H. MR1.L, D. D. Mathemalirs—WILLIAM RDTIf IhhXHtD. A. M. Hhtaifd Pluloeophy—W. L. BROUN. A. M. try, Ueoiogy, and Agncuituru—W. L. JO' . *4. .atitul appcair o on either Laud they are t".<e onlyma- ota tifol atltui tj ;«erf*ctk>n. ff&f y rwh hllahod at the &..d A b..i \ sUve'.j. If yon ere i my*; .I’crVr trt cf’ne. it io LdA’ e you pu.v-A sc. rc- ev* e ©i h.jf I n eutor of * a f • iweuiy yiiJL-a of hi* Wf * A 2* Warranted for 3 Tears tendance at the c Genuine Elias Howe Gcnnine (finger Genuine Wheeler A Wilson.. • M kept always iu ...Tft.l’VB fi8,J0H Showing that the Howe Machine beare a reputa tion with the public that cannot be excelled by other . D. Cl- I Figineeriof—L. W. OHARBONNOEB.A. M. Lui'. - . L. MITCHELL, A. M. and H. D. Mix.;. RM. P. Umter ty High Hdiwi- W. W. LUMPKIN, A- ’. f nil* next eeasiow <>paM Begtentiwr U. 1ML j I aUno nametl Hohowla are i« lull oppei.... Litodettta may select whatever Course they wh>h siteationis jwul to the prefeeaioaal S- *. ”HcuHnrv. anI tiN$ fegfatwlag, w t • Beau expanded u eeabomeamoeh large.- M —‘ —of TettyiptAJ. etc , are e i 3K2 waa introduced by defomlaiita. tha« tho i meot by the graud jury* and sued out a note wf*a placed in the hands of plaintiff I hebeo* corpus, befoie he judge of the. by liaUnwMi, together with othev noU. • Superior Court, and f ^ R ground for hts' Rod accotraus Mcolla'werrlfteeu.iwy, to oe- 'discharge, offered a p ^on from the core him against loss on a note made by j Governor for any offenoe he may b ve Honser ft Btnnson for $3,000, payable to • committed against the 8t.de: Bi vant ft Wimberly, to which the p! Held, That it we^ eiror in the Judge Ecfols k Wilson, PaltUsiiArs Rural BouUii riur- or ita mltffff IMi U» tM» i *J7» per annum. For farther in ‘ormatkm. Mtlrew tM Chance*’ * WILLIAM ttKRBV WADDELL, Secretary ef the Faculty, tt •Tofcrab. Athaikto fit. The Howe Machine Co Co?. Uxund A Alabama him, .Nt;xi doom to mun oyyiu J Off AGENTS WANTED U EVERY TOWN AND COUNTY THROUGHOUT h, I V t . t'THt KTA1* > i- t * >/ ■■ u*UIMW *»“ ( lull I ill.', a. Notice to Contractors. 8 KALRD PtCPOHAM WILL Ml MCK1VKP until W, iluowlay, tn ptemht« 20th, al li o'clovk. M .fbrbtiihflng a ' ■ w ■' POLICE StATtO* HOUSE AND CITY OFTIOER. >( • 1 Areovdini lf * ri*y * r"^ to be seen at IIk* oMce of 1’arklnsK Alien, Fthmslfftoiiae. The right tn receive or reject any and al! Uda reserve*! by tli«' ORy. ‘ septVMk to* oervant i bad goo* on under too con trout tud wore at work on A's plantation and bad bean toare net j a month: Held, that it waa oot error in ilia Oonrt to ortrrr’.e toe motion for a non- arH: Held, that after the cm . ucipation of of .he preoeeda of the other collatai the slaves toey vara competent to con-1 and that now plaintiff lud no inter, treit, and wr>!o under contraot it mi ■; the notoolher than to aoooont to Ho illegal to interfere between them . ul , A Brunson for the same, or tbe pro. . us operative by the Court, their employer, and any person so do iq thereof. Tho plaintiff in rebnttal intro-1 Lochrenc, C. J., concurring, cannot, under our laws, defend him'..'if 1 daced Holtzclmw, who certified that'.re' Warner, J., diasenting. tiff was aeourity; that about nine moo after th's suit'was eammeuced, tin ant A Wimberly note was paid ot, to refnao to receive snd consider the pardon. A pardon obtained by frond is void, rnd may be attacked ou that ground, whenever pleaded, and, if found fraud ulent, it may be treated as null sud ia- Staples & Reab, WHOLESALE AND RETAIL GROCERS AND Gen’l Commission Merchants Commiasiou for b«Umg Coltou 1\ Per Ceat. 5I7N IBroad Mtrcut, AUGUSTA, GA. I augH-atwdtl Bfft 1 I GEORGIA FEMALE COLLCQE LegisbUve Charter BraateA In IMA Her Geo.Y. President, rreimaco E a«At Academic y®*r begins on 1 s-v C r. i now prsa^dto rsoelvr k ■ A Allen niOTicJB, fifftrsD** Oa. Of tiff. rjAH MONDAY, HEPTEMBIK IK » An Eclectic Class has been formvM ftw tbe bemt t M Uums Krathiatow wtu> m»y <i«*u< atiD tiprtMr to „„ », , | , . Myvovs tfteiuselves, or to prepare fgc trgrklog. JOHN e. EIHO. frweii. o. a. a. a aro. ce. Jg~ Xrt rto »‘ Artuu - i ~" 1 “• Savings Bank ol Augusta. J. SIBLEY A HONS, Cotton Merchants. JOHN M. CLARK k CO.. Merchant MUlerx. septfi-lmw. I lnautuuon For farther particulars address the President Madison, July 29,1871. Jj31-d2tawA wltiu. latum -msaarin«. gneuti-m U‘tv: mitiU.Of. Pur . - T'thcmselve* oF Ih’ff dtr*< ! *+'<*<ri I w lint ta-s Ifittkgto rif—sit bn tiK ir btils/*. . - t consignments shaU be Ian- ai.4an*' 7>■■■•; ti.kfi.aoSsiVrHanr. Lx . .... , Gla npMadtaAt, tart" I- * Jtf ttoMiutaelloa of eta. an- ano, Uiu tav.v I*s <w freight, which par ties Ui.; c . » Lu.jn stored tag future shipment. U. WARINO, Forwarding Agent. aug7 2m L