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VOL. II.
ATLANTA, GEORGIA, THURSDAY, FEBRUARY 29, 1872.L
NO. 559.
THE DAILY
Thotihdat Momrnro Pxbsu^by 2'J.
Look mm Foorth Page for Tebographic
A eaalSSSDfTh.atg
ln,«c«i,rr rximULlni.
In both oaf city 1 cotemporarito, 'yastsa-
day morning, we find extended noticmef
a habaoa corjms cast tried before Jodi?
Erskine on Tuesday. _
It appears that Lucius L. Culver, a cito ' T judgment reversed.
.r,U i . 1- ■■ ■ xr . ,, .• t
SUPREME COURT DECISIONS.
—aa
J^ttsdoy, Fete. 27, '72.
T. C. Brown va. W. C. GiU. Illegality,
from Lee.
McCAY, J.
If alevy be made of a fi. fa. founded
on a debt contracted prior to June, 1805. Jiirr, in all respects, the dcchuoa of lh*
ere be no nfltdavit of payment dP tfudge that tlajy were volnataiily mad.
On. Uuudred Covlaa. Six MouUu. .
Marla
toy the Prcu of Atlm
s isTs i t
m
iijfffliilij
;iw
iwraiM
mmi\i
t.m
S|5|i|S|5|i
Slilli!
;mni!
S|S|i|3l3|3iai2|3|3
«|3|5|5
Minna
itii
ilUflil!
“Special Notices, N 30 cents per line (or the Orst
insertion; 10 cents for each subsequent Insertion.
Advertisements Inserted three times a week,. 15
per oeat off the table rates above; twice a we A, 36
twr cont off the teMe lakes.
Advertisements for Fire Com panics and Churches,
L ^n ^s^koMtshSidk uniform rales of advertising
for the Daily Press of Atlanta, rc have adopted the
foregoing schedule of prices, and will be governed
by theui in the future.
• ■ JA * ^rdpEohwcrftfce (Sostituflou. Tngfe <li3* not appear, adds
g. W..OHUBB, Business Man,- '— - • — •• - •
oi the Mew Era.
J.HKNLY SMITH. Manager.
Of The Atlanta
ifltaoX UiMowi, wssirMrsling io Geor
hg ri~r*~
was arrested upon the affidavit of one
oharging him with^eddhag
Golfer sued ont a writ
of habeas corpus returnable to the U. 3.
Court, and it was heard before Judge
Ershtee.
Mr. Culver alleges that the laws of
Georgia disorimi nates again&t articles
manufactured in other 3UU#, and au
thorized the granting of Hoenso to citi
zens of Georgia to peddle, but not
to citizens of other States.
The case was argued by Col. lileokisy
on the part of Culver, but Mr. Iugle did
not appear against him, either in person
or by attorney, and no ono represented
that side of the case.
Judge Erskine hold that the law of the
State is a restriction on the privileges and
immunities of Culver, in conflict with
article 4, section 2 of the Constitution of
the United States; which says that “the
citizens of each State shall- be entitled to
all the privileges and immunities of
oitizens of the several States," and III
fore unconstitutional and invalid; aud ho
ordered the discharge of Culver.
We were aware that the cose was to be
heard but being pressed with other matter
and not attaching the same importance to
it which our cotemporaries do, we gave
no account of it. Wo shall probably have
something to say upon the merits of this
decision hereafter. We now notice a
single matter connected with the rei>orl8
bMhoduse. J ? !ilO J'.V
The Era says that Iugle was notifled
and did not appear, aud thut “the SUMe
authorities, though notified we learn, did
not appear iu behalf of the pnassaation.”
, The Const Uuitun, after stating that
Bailroab (time (Table.
Arrivals »»d Departure* of Ttuiiis t.
and firom Atlanta.
Loaves Atlanta J..;.-..f.l.l.4.£l..llsl0pi
Arrive* At Chattanooga 6:13 be
l>Af FASriENtU-U TR4IS— octSahd.
Ll&uta 6:00a b
._tuuBtumoog* ....; «.*•*-
KIUHT PAUBKNGKU TRAIN—IKWABD.
L. avefi CliAttanoog*. p n
Arrives at Atluuta ••••••••• 1 M ft v
DXt 1-AWUCMUBB TRAIN—INWARD.
Leaves CbatUuoogn *fj}* "
l.wpii
ACCOMMODATION TRAIN—INWARD.
Leaves Dalton. .JjJJJ * J
Arrives *t Aklenta • -. • -• • 10.00 » I
' THB fi BO HO LA (AUOOSTAI RAILROAD.
(No Day Train on Sunday.)
Night PMssttgor Trtiu BM •• t
Night pBBsonger Train leavet #15 P-1
Day Paaaeaffer Train arrive* 6:30 p. i
Day Paaaenger Train loRV 1Ma i
Stone Mountain Accommodation arrive*..
....2:00a n
7:10 a. n
l :48 p. a
On and after Sunday, December 17, 1871, train*
will run a* fOUow*:
Day Passenger train leave*
Day Passenger Train ’arrives.... - .
Arrives at Macon ];?}:*•
Night Passenger Train leaves 1.10 P-
Night Passenger Train arrives 10.50 p.
Night Paaaenger Train arrive* 0:00 a
Night l»*Menger Train leaves 7:00 p.
Day Passenger Train arrive* 6:00 p.
Day Pas**m*r Train leaves 6:60 a.
ATLANTA AND BICBMOHD AIR-LINK RAILROAD.
LoAve Gainesville _® 4* :
Arrives* Atlanta.
Leave Atlanta......... •
Arrive at Gainesville.. ■
Memphis and Charleston Railroad.
if. J. Al
» day..
6:30 AM
10:15 PM
8:00PM
11:15 PM
Mail Train leaves Chattanooga..
Arrives in Memphis, next day
COMING east:
MorniRf Expre**leave* Memphis.....
Arrivc>ln CD*ttiaoo^, next monitol..... .™ a.
Msil Train leaves Memphis.... 12^10 A M
Arrives in Chattanooga, next day........... 600 P M
Atlantic and Half Hmtlrond.
ITtROM Savannah, Ga., via Albany, Jack
I: aud Tallahassee, to Quincy, llorida:
Leave Savannah daihr. 10:1 ®
Arrive at Albany dally 1 -50 P. M
Arrive at Jacksonville daily.... 1.4# P. M
Arrivo at Tallahassee daily (8undsys ex
cepted
e Tallahassee dally (Sundaya sxcap-
tefl) 10:60 A. M
.10:30 AM
. 7:36 P.M
Leave Tallahassee daUy (Sundays excep-
Leave'jacksonviiie daily {!
Laave Albany dally u
Arrivo at Savannah dally #:« A. M
• augT
SELMA, ROME AND DALTON R. R.
TRAIN* DAXI.T, SDNDAYM INCLUDED.
taxes, ss required by the 6th aeation of
the set at 1*70, tho defendant may .top
S e progress of the fl. (& by affidavit m
egslity.
’ Judgme
Yason k Davis, Clark i Gobs, for
JameeH. Naims va. Gao. E. Clark and
CHbons W. Uorgan. Befnaalof Injunc
tion, from Boaster.
a mill was erected in 18CC, and
u«d in the ordinary manner since,
until 1871, end a bill is filed to eajoin
the Aill owner bom allowing the ebb and
flow of the water below the mill, eaused
by the turusl stopping and opening of
tho gatei o* the ground that it pro duces
sickness in the neighbqrhqpd, with
special damage to the plaintiff,and it ap
pears by affidavits that there is much
conflict of testimony as to the faot of the
damage, and as to the ebb and flow being
the eaaae 6f the sickness, it la no abase
of the discretion of the court if he re-
iuse theinjnnction until the facts are pass
ed upon by a jnry.
Judgment affirmed.
C. T. Goode for piainimin error. W.
A. Hawkins, eontta.
Bowens E. Harris va. Colquit A B agga.
Exemption of property, from Terrell.
McCAY, J.
Parties whs appear before the Ordi
nary .to contest the granting of ahome-
Col. Bleckley, at tlie suggestion of Jadge
Erskine, called ut tlie Executive Depart
ment aud Attorney General’s office to
notify the Governor and Attorney Gen-
Arriv. at limue...
Arrive b* DbHob. .
l^wv* DbHoo
IxflBVB Bom*
Arrive b* Seim*...
7:40 P. M.. 3:80 a. »
7:10 A. M., 8:20 r. h
9:37 A. M., 10:46 r. h
8:10 r. M.,9.44 a. X
■aeon k Augusta Railroad.
Dxv ISOHU imxn. D III. smnuTS axjaOTMD.
I % w
Arrivo .t Macon ] “ J- J*
Arrivo M Au<iuta •» -J 1 48 P - “
Western Railroad of Alabama.
Loav.S.1mm AM
Arrive at WwtPolnt fl M
Lexv. VmI Paint
urtv.U MStotr
Leave Ooluatbu*.
6:16 PM
11:40 AM
12:30 PM
Arrivo bI Oolumbu*
Atlantic and Gair Railroad.
EXPBE88 PAS8ENOER:
Leave SBVBnnBh Daily at 6:00 P M
Arrivo at Jacknonvilta,
Leav* JackBORVilta....
Arrive at Savannah
Attorney General Farrow were not ip tbe
•city. UbL Bleculey faithfully Irtifltdd up
on antagonist, but failed to And on# to
trv hfomuMle. .•wkRUJOO
Now, we would like to know why Judge
Erskino desired to make the Governor, a
party to this case? Wliut interest had
tho ttef6ftbr TRalelini/tnorc thou
any one else ? and why should tho Ex
ecutive or Attorney Geaeral tuko any
more notice of this case than any other law
suit going on in this or any other court?
It seems to us that it will be timo enough
for Governor Smith to interest himself
in a law suit of this kiud when it comes
properly before him, and when it becomes
his official duty; and that it would be
officious and ridiculous iu him to take
notice of a case where no such duty rest
ed upon him.
We hardly know how property to char
acterize this effort of Judge Erskine im
properly to make tho State a party to a
case, or to give an appearance of impor
tance to it which it did not possess. It
looks a little like a deliberate invasion of
tho rights of tho State where there
no justifiable cause, and a banter to the
State Government by its chief Executive
to be present aud see that performed for
which thero was no pretext.
Tlie TrlumpU of Honorable In
stincts.
We take pleasure iu recording the fact
that tho United States District Attorney
has resigned his office rather than play
the rolo which Amos T. Akermau did, or
procured to bo done, in South Carolina;
that is, to prosecute, persecute and con
sign to punishment honorable men, who
are guilty of no crime, merely because
some scamp or vagabond testifies against
them.
Among tho many respectable and inno
cent persons recently convicted’(?) iu
South Carolina, and sent to the Peniten
tiary at Albany, iu New York, is one old
man sixty-five years of age—a gentleman
of respectability, good habits and mor
als, and whoso whole life has been one of
rectitude; but some wretch testified
against him in tho United States Court,
under the Ku-Klux law, and he is sent
to a Northern Penitentiary to wear the
garb of a convict, and to dio in his old
age in company with thieves and mur
derers—all this through the vigilance of
Amos T. Akerman and his satellites, un
der Radical Law and the sanction of
General Grant.
Judge Pope refuses to perform such
work.
the Attorney General had bern acted on
by the prisoner.
2. The preliminary examination be
fore the court, to ascertain if confession*
offered are*, or are not voluntary, m
properly conducted in tho prc#ev»e# of
the jury, and the confessions, when in-
troduoed,,sre to be psMefljipon ly tlis{fo*g*intiffin ervov. Woottsn k Hoyle,
tor tlie applicant to pro
questions which the Ststute provides, tho
enditon may make, but they are not
eouoluded upon questions over which the
Ordinary has no jnriadiotion, unleu it
appears that they actually made such
questions, and that the, a cre iu last de-
“ilad.
Judgment affirmed.
Ljou de Graflenreid k Irvin, W. G.
Barks, for plaintiff in error; F. W. Hoop
er, It. F. Simmons, ( by Clark k Oou,
HTAli A .W .u
%'T^iri^r jft:
JM(,I tinioti f I-*
McKAY, J.
Where, in a suit by two persona on n
debt dtM’bMore 1st of June, 188S, the
proper affidavit of payment of taxes was
filed, and on the trial before the jury the
interrogatories of one of the partners were
read to the effect that he had alway s regu
larly given in and paid taxes on bia-solv -
eiulSf the case Governor Bmith and ^^audTat^o nTto.n^Tu wu
ACCOMMODATION TUA1N.
7:50 A M
" 8:30 P M
11:36 A M
Lcavo Savannah. Satimtaj* excoptcd, at P JJ
Arrive at Jacksonville " P M
Laave Jacksonville •* 8:30 A R
Am,... “ a; “ A “
Laava Savannah. Monday* exempted, at 7M P 1
Arriv at Mrood. Mo*d*yi *xoil#*l. 1 BAO A 1
Lt-ave Macon. SumtaA* excepted, at 8^0 1
Arrive at Savannah, Monday* excepted, at 8:00 * 1
tHotte connection at Macou. both vay*. with Maco
and Western ltailroad train* to and from Atlanta.
Linch’s
F
lUIKUMATIriM.
Anti - Rheumatic
POWDBUB.
riOB THE LAST THIRTY YKAK8 1 . .
I 1 UMd them in my private praett. «i. aitd for the (h>%crnm«ufc Qjjiefiy
U.1 SQ year. Iixt. ovr.»lne.llr yutlwSwl U-iaa u. * ,. v...L —
limited txtmt. u. I wUl.miur. Ui. M.ortiou Urn.
liter Iter, cored owe. cutetoM o« Ilh.om.U«n, ^r-
•• ‘ a all other remedie* «ver kuo* u to the
l l EneioM > f5 00 with description of ctM and proapt
attention will bo gives.
aKS* J. O. GIBSON,
Eatonton, Ga.
How America is Looked Upon
ia England.
Lokdow, February 1.—A story lias
been going tbo rouuds of the Inns—it
)iilh got into print—that a distinguished
American, leaving the court room
the Tichborne case is going on, remarked
to an English Attorney, “Wecould never
have a cEsc running on to this length m
Amerifjk." “Why not. ,M “Oh, the jury
would have long ago bought up the
claimaut’s bouds, and then give him the
verdict.” Each an idea of Ameri< anLw
as this bit of humor applies is uot, yoo
will admit, an unfair deduction u>r those
who have auffered heavily by tho Ene
deeiMOu**; and, indeed, the English gou-
erauy know America and Bepublioai
Government chiefly aa repreaented in
New York. But no doubt tlii# story is
particularly expressive of the mecnl into
which the Amerioau none, aa laid before
the arbitrators at Geneva, has thrown
jita country.—Cor. Cincinnati C(miner*
M
solvent, and he had always included it in
his tax returns end paid taxes on it, as
he believed, though he could not posi
tively aell to mind his giving in this
tioalarnoto:
Held, Thai it-was error- in the eourt
to diamisfl the casa. There woe suffleieut
fsafsg’tfemtrdolsfflss
not tho tuxes bad been duly paid, anil
whether or uot tbo witness did uot mean
that lie had, as one of the firm, given in
this note and paid tho taxes thereon.
Judgment reversed.
Hawkins A Guerry forplaintiff in error;
0. T. Goode, W. A. Hawkins, contra.
S. L. Harrison vs. John H. Hatcher,
trustee. Ejectment from Randolph.
McQAY, J. -
The proper practice in preparing a mo
tion for a new trial is, that ail tho rulings
of the court complained of during the
trial as well as the charges and refusals
to charge of the Judge, shall appear dis
tinctly iu the motion and be affirmative
ly recognized by tho court aa true. But
if such motion De made in writing, and
notion thereof b« given to the opposite
party, and no rule nisi bo granted, but
it appear simply, that the motion is ar
gued and overruled, this oonrt will presume
that the hearing was on a demurrer
to the motion, in which tbs facts stated
in the motion were admitted to be true.
Wheie A makes s deed to B for tho
purpose of defrauding the creditors of A,
but retains possession of the land, and B
brings ejectment, A may, by way of de
fense, set up the lrsud under the rule, >n
jmri delicto potior e»l conditio possidentis.
In sueh a case grantees, holding under
a deed of gift from B, expressed to be
for five dollars and for love and affection,
stand in tbo same condition as their gran
tor, and are volunteers.
Declarations of ono in possession ef
land that the land is his, are admissible
to show adverse possession, but not for
anyother purpose.
Where written requests to chargo the
jury are presented to the Judge, which
are pertinent and legal charges in the
ease, as presented by the facta in evi
dence, and on material issues, which are
refused by the Judge, a new trial ought
to be granted, even if the verdict of the
jury may be sustained under the evidence
upon other issues in the case not covered
by the requests to charge.
When, in an action of ejectment, it ap
pear that both parties claim title from
the same person, it is not necessary to
show title further back than to the com
mon grantor.
A trustee for a woman dnnug her life,
with directions to convey to her children
at her death, may sustain an action
against an advene holder to recover the
pobsesaion after the death of the mother.
Judgment reversed. . .
A. Hood, by Kiddoo, for plaintiff in
error; JohnT. Clark, contra.
John R. Hoisenbock vs. Tho State. Mur
der, from Macon.
McCAY. J.
1. Where, on a trial for murder, it was
proposed to prove certain statements of
the prisoner confessing his guilt, made in
jail to a fellow prisoner, ana on a prelim
inary examination it appeared that the
prisoner bad before these statements were
mode, written a letter to the Governor,
indicating that tbs murder had been
committed iu pursuance of a conspiracy,
and mentioning several names of persona
aa conspirators, aud the Attorney Gener
al of the State, by authority of the Gov
ernor had offered him a full pardon if
lie would discloso the whole, but it did
uot appear that he had muds any dis
closure, cither to tlie Attorney General
or Governor, bnt had promised to do so
in writing, which written diacloenro he
bad not made at the time ho made the
statements to his fellow prisoner :
Held, That it was net error in the
eourt to permit tho statement thus made
4. It is no gronndfor new trial that the
court refused to bontiiuie, because of the
absence of one at tne priseiujn esunael,
on whom he principally relied,' from siok-
neaa, the affidavit for continuance only
laying that the affiant “had bten inform
ed by letter of the sickness,': especially
if it appear that other competent coun-
' aro employed, and do apjjcur iu the
being only primes facie,
3. It is competent' far tho State to in
trodnoe avidenoe to contradict any facta
stated by the prisoner in his statement
made before the jury, under tha act of
1869.
4. A charge of the court UiA the ju
ry must be saiu/ai that the defendant
was insane before they can acquit bin
npon that ground, though, penaps, too
strongly stated, is not a ground fur I
new trial, if thcro bc tso evidence of in
sanity before ike jury.
g. When on trial for murder tbo oon-
fessions of the prisoner were iuevideuoe
before the jury, and the Judge in hie
charge told the jury that whilst they
could not convict upon the confessions
aiono, uncorroborated by other evidence,
yet, that if it was prore^ that the person
to whom the confession rafarred, w as un
lawfully killed, that this waa evideneo of
eomboration sufficient to authorize the
jury, under the law, to oouviet on the
confessions.
Held, That this was not error.
Judgment affirmed.
0. T. Goodo, ty. & Wallace, Jack
Brown, W. H. Reese, lor plaintiff in er
ror. W. A. Hawkins, Solicitor Gcnoral
pro tem, Thii. Cobh, for the State.
James O. Loyd vs. Tbs State. Murder,
from Maoon.
McOAY, J.
1. The principal felon and accessory
before the fact may be jointly jfcdicted in
the same indictment with proper aver-
ents and charges against each.
2. The furm of an indictment, aa pre
scribed by aeolion of tha Revised Code
must not bo followod to the letter, it is
anffloient if it be conformed to in all ma
terial particulars.
On tho cullijjg of an indictment
ist a principal and acetflsory, the
oonrt may require both to antwer ready
or uot ready for trial; jf they answer,
and the principal be put on trial, it is not
error to put tho accessory on his trial at
the same term of tlie court after theoou-
viction of the principal, without any new
requirement to announce,unless it appear
that some ounce for a continuance has
happened siuoo the first culling of the
&. It is not a good ground-(or the con-
tinuanoa ol tho cause againstjui accesso-
y before the-fact, to show thht the ptin-
lpal felon has been convicted, vet Wat
he intends moving for a iiewgriai.
he has not resided here, and that lie has
been the owner of the note from its date,
he ia not required to make the affidavit
of taxea being paid as required by the
eat of Ootober 18th, 1870.
Judgment reversed.
ft F. Simmons, by Z. D. Harrison,
Gee. Binger, Jr. va. John M. Booth Com
plaint for land, from Randolph.
McCAY, J.
1. Where there were two snita pending
between tho same parties for the same
cense of aotion, and the defendant makee
a good cause for the oontinnanee of the
■nit lust brought, to-wit: that certain in
terrogatories sued out therein had not
bean returned.
Held, That it waa error in the court
to refute the continuance because the
plaintiff had dismiaaad the anit first
bsougbt.
2. If, pending a snit,auother be brought
against the same defendant for the same
cause of aotion, the pendenoy of the first
suit may be pleaded in abatement of the
second, and the plaintiff onnnot defeat
the pleas by dismissing the anit first
brought.
Judgment reversed.
H. Fielder, Bell k Tucker, for Main-
tiff in error. J. L. Wimberly, B. 8. Wor-
rill, sontro.
Ketehnm k Hortriclge va. James D. Pace.
Collateral issue, from Terrell.
MoOAY, J.
When a sheriff, by direction of the
plaintiff, levied a distress warrant for rent
upon the orop mode on the land rented,
and also on certain mules belonging to
defendant and on the place, and after
wards dismissed the levy on the mules, it
appearing that they were under a mort
gage of sup rior lien to the distress war
rant, and the mnies were run off by the
defendant;
Held, That Buch levy and dismissal
did not postpone the lien of tho distress
warrant on the crop to younger liens.
Judgment affirmed.
W. M. Gueri7, Hood k Kiddoo, for
plaintiff in error. H. Fielder, R. E. Ken-
non, contra.
James E. Loyicss vs. Hodges k Brother.
Garnishment, from Terrell.
MoOAY, J.
When a garnisheo had answered that
he was not indebted to aud liad no offeota
of tha defendant, and there was a tra
verse of his answer, and the plaintiff
|»H»v«l that the defendant had left with
tho garnishee a large box for safe keeping,
only the garnishee declining to be re-
- "“ J- have
at
sponsible for it, but permitting him to ha
it in bis store bonse; that HMsphee
the time of the servioe of tbs gantii—
ment, had been removed since, *1*1 the
permission at the gsrnishee, bJthe de-
i undent, and that it contained V9D0 worth
of goods; ■
Usld, That a verdict for the plaintiff
for the velne of tho goods was sustained
by the evideneo.
Judgment affirmed.
F. M. Hooper, Clark k Goss, for pfcto-
tiff in error; 8. 0. Hoyle, O. B. Wootten,
„ , . contra.
6. It is no ground of clialfcwgu agaptah ___
presso3"an"bfritiion, e^ J , iljiolfor/KVu ffll*
facts neeessury to make out too charge
against the prisoner, and it is not error
in the court to say iu the prcxcuco of tho
panel that tho formation and expression
of an opinion as to tho guilt oriuuocenco
of the principal in a crime, does not of
itself raider them incompetent to ait
upon tlie trial of thd accessory before the
fact. ill
7. It is not a ground tor a now trial iu
a criminal case, tint tho Judge admitted
as evidence before tbo jury too written
report of a phonographsr, of the prison
er's statement before tho magistrates at
tho summary hearing previous to com
mitment, the report being sworn by the
phonographer to be true, and the prison
er having foil opportunity to examine
him thereto before the jnry, it further
appearing that the statement was very
immaterial, and to luivu taken tha pris
oner four hours to make it.
8. When a prisoner undei takes to
make a statement before tho jury, and he
indulges in long, rambling statements of
matters wholly immaterial to the matter
in baud, so as to consume several hours,
and yet say nothing pertinent to Uio issue
before tlio court, it is no ground for now
trial lor the court to admonish him that
ho must confine his statement to matters
bearing on tbo case.
9. It ia not error in tiro court to charge
the jury on tiro question of iusanity,
that if ono have indulged his passions or
bluntod his moral sense, so that he can
commit crime without remorse, and fails
to see his betnonsucss, aa persons of pu
rer morals and more restrained passions
see it, this does not make liim imane. If
he havo sufficient capacity to discern
right and wrong as to the particular act
in question, if lie has knowledge aDd
consciousness that the act he is doing is
wrong and would deserve punishment,
he is of sound miud and memory, so as
to be subject to punishment.
10. Tbo verdict iu this case is not con
trary to the evidence or contrary to luw.
Judgment affirmed.
C. T. Goode, W, 8. Wuilace, Jack
Brown, W. H. iieesu for plaintiff in er
ror. W. H. Hawkins. Solicitor Gem nil
pro tem., Phil. Cook, for State.
J. L. Cobb vs. The State. Permitting a
minor to play or roll billiard*, from
Randolph.
McCAY, J.
When, after tbo jury was stricken, and
before tbo ease was submitted to the jnry
on an indictment for a misdemeanor, the
defendants then first discovered that
two of the jurors, notstrieken, hud boon
on tbo grand jury pending the bill of
indietment;
Hzr.n, That the defendants bad a
right to a new jury list, with talesmen
substituted for tho two incompetent ju
rors, and was entitled to his seven strikes
from that list.
An indictment charging that the de
fendant hud permitted A. B , a minor, to
play or roil billiards on u table kept by
him, without the consent ef his parents,
etc., is not demurrable, si in thealterna-
tive, the words play or roll aro used in
the statute ns synonymous.
Judgment reversed.
R. B. Worieli for plaintiff in error; B.
W. Parker, Bolieitor Genual, by Z. D.
Harrison, lor Btate.
MONTGOMERY, J.
Where A buys land from B before June,
1865, and gives bis note for tho pur-
cliusp money, and afterwords sells the
lund and recoives payment, nud hie pur
chaser takes possession, and A is then
sued on the note, he cannot bo said to
have been, at the commencement of the
action in possession of the property for
the purchase of whieh the contract was
entered into, evon though he may not
liavo made to the purohasee a d oed. The
ease is not, therefore, with the 15tb sec
tion of the Relief Act of 1870, and the
usual affidavit must be filed.
Judgment affirmed.
Lyon DeOraffenreid k Irvin, W. A.
Hawkins, for plaintiff in error. 0. T.
Goode, contra.
Wm. Ezzard vs. John R. Worrill, et el.
Relief, from Snmter.
MONTGOMERY, J.
Where an accommodation indorser on
a noto made prior to Jane, 1866, has been
compelled by judgement sinoe that time
to pay the same or any part thereof, and
sues the maker, securities and prior en
dorser to recover tho amount so paid by
him, he is not obliged to file the affidavit
oi the payment of the taiee required by
tlx- Relief Act of 1870. The debtto him
did not exist until the payment of the
judgment by him.
Judgement reversed.
C. T. Goode, for.plaintiff in error. W.
A. Hawkins, contra.
D. A. Cochran vs. C. H. Strong, for the
use of R. C. Scbiufer k Co. Motion
to vucute judgment, from Webster.
MONTGOMERY. J.
A written contract for payment of
specifies, not containing operative worde
oi I runsfer, is assignaDle so as to vest the
titlo iu tlie assignee, who may sue on it
in his own name, under Revised Code,
section 2218.
A written assignment “for value re
ceived" indorsed on each an instrument,
the instrument not being a promissory
noto or bill of exchange, does not make
tor assignor liable os indorsee or guaran-
the of the instrument, lienee he cannot be
sued in tho samo action with the maker.
Where such an instrument is assigned
to A. who, iu turn, assigns it to B, and
by some means it ugain comas into the
bunds of A, he cannot sue on it in hie
own name for use of lust assignee.
Where a contract is for the pavmont of
thirty-five bales of cotton, “the above
mentioned cotton to bo paid out of the
cutton, to be paid by S. D. Briilgeman
lo tile said Coelir in, under written con
tract between them, bearing date 22d
inst., and now in tbo bauds of D. A.
Cocbruu and subject to tho same liens
and contingencies," it is impomible
for this eourt to construe the contract
sued on, in tbo absence of that between
Cochran k Bridge man.
Judgment reversed.
C. B. Wootten, for plaintiff in error.
F. VI. Harper, Glean k Son, Clark k
Goss, contra.
Jno. W. Elder vs. Jas. A. Allison, ad
ministrator. lujuuotion, from Ran
dolph.
MONTGOMERY, J.
| Misrepresentation of a material fact,
Carry, Bangs A Woodward vs. J. Q. Ed-; made by one of the parties to a contract,
mouse u. Complaint from Terrell though mode by mistake and innocently,
McCAY, J. ! if acted on by the opposite party, oonati-
Non-residents of this Btate are not re-1 lutes legal fraud,
qoired by onr law to pay taxes on notes I Where the obligor, in a bond for title
son smte.mv.ii mu. held by them on citizens of this Btate,! sues t io obligee in ejectment, on failure
S-OTBrit' uot appearing that and when the payee of a note is the of the latter to pey the entire purolmee
lUeT WCre mad'/under any undue influ- j plaintiffin a suit on a note dated before money, aud the obligee flies a btU arleg-
mm Vthe time, and there being noth- Juno, 1865, and it appear that at the log a misrepresentation of a material
ing to show that the arrangement with 1 date of the note, and contiunoualy since fact by the obligor, at tbo timo of the
AUXAWDU H. noun, FoUttesl rates,
a. B. WATaOH, Saws rater,
t. HOTLY SMITH Oaawte !
purchase, as lo the area of tha land; that
he acted on such misrepresentation;
that the obligor can make no title to that
part of tha land so misrepresented a* be
longing to the tract add; and offering to
pay into eourt whatever may be equitably
dim, and seeking to enjoin the action of
ejectment, whieh allegations are not de
nied, the iojnnotian shall be granted,
end the question aa to whether the obli
gee acted on the misrepreeentatlon of the
obligor or not, be left to a jury.
. A defendant in ejectment may set np an
wpittable defense in his plea, bnt ia not
Obliged to do so, he mayflla his bill if bs
Judgment revmaed.
H. Fielder, forplaintiff in error; Hood
k Kiddoo, oontre.
Doe ex dum, Josbns Evans, ei aL va.
Richard Roe, oas ejector, and L T, k
w. 0. Bairds. Ejectment from Terrell
MONTGOMEBYiTT
Where, in ejectment plaintiff shows
title from the Btate to himself, and de
fendant relief on adverse possession
under oolorof title, It is competent for
plaintiff to abow in rebuttal, infanoy on
the part of one of bia grantors, even after
the evidence has closed, and argument
oommenoed, if the existenoe of such foot
then oome to hie knowledge for the first
time.
Where a party olaima adversely it ie
not neoeaaai7 for him lo abow that be
went into possession bona tide. This
will be presumed until the contrary ap-
peare
Judgment reverted.
Voaon k Daria, by Clark k Goes, for
plaintiff in error. F. M. Harper, by
Clark k Goes, oontre.
James A. Allison, administrator, eta, vs.
Henry B. Thomas and Eugenios L.
Douglass. Relief, from Randolph,
MONTGOMERY, J.
I. It ia neoeesaiy for an adminiairator
to file the tax affidavit required by aot of
1870, even though there are no debts,
and a widow and minor aro interested
with others in the estate.
2. Every presumption will be made in
favor oi the constitutionality of an ant
of a State’s Legislature. Where this
court has deoiled an aot of the Legisla
ture constitutional, under whieh deela-
ion many private rights have been set
tled, and to disturb whioh might unsettle
many others, and perhaps prove a great
hardship to the plaintins in those eases
already adjudicated, the doctrine of stare
deoisis applies.
Judgment affirmed.
Hood k Kiddoo, for plantiff in error.
E. L Douglass, 0. B. Wootten, oontre.
administrator of 0. 8.
5 X X Boteford.
MOSTd&MERYtT 51
Where the amount due an a life ioan-
ranco policy ia payable in Hartford, Oon-
nesticut, to Uis "heirs or ratgns” of the
person whose life was insured, who leaves
a will bequeathing all kb property to
hi. oki OrenTtottSmrelnstonWWswlS.
ow, and the kgani of the inmirenoaoom-
pany wys the money to bis admfnistra-
tor with tho will annexed, the admmiatra-
'' ' «* bill fas diree
I pay ;
fund where ha haa made
J ndgment reversed.
Wootten k Hoyle forplaintiff in error.
Lyon DeGraffenried k min, contra.
James D. Oaliort vs. Charles P. West, st
al. Relief, from Randolph.
MONTGOMERY, J.
Tha real plaintiff in the aotion ia the
case may make the affidavit of payment
of taxes as required by the aot of 1870,
evon though the anit bo brought in the
name of another.,
Judgment reversed.
Hood k Kiddoo, by John T. Chuk, tor
plaintiff in error. B. 8. Worrill, eontn.
Doe, ex dem.: James H. Allan, Adminis
trator, va Bos, ess. eieotor, sad Her
bert B. Elder and; John w. Eldar,
Tenants. Ejeotment, from Randolph
MONTGOMERY, J.
A defendant in ejeotment may set np
an equitable defence by way of plea in
Georgia.
Evidenoe whioh ia relevant to the
equity ease thus made is properly ad-
mittod.
When a defendant who is the obligee
in a bond for titles, and is sned in ejeot-
msnt by obliq r to recover tha land on
During tha paaaaat yaar a President
and membats at Comgmm are to ha
Liberty mst be pressread or Nat. Tha
Corruptionists of tha day—|M Bra*
Rings—the nmbittora rasarim at tea
government--an artMly,
paring tha way to tha
Federal Republic,
Ion. Jefferson and
tabliahment of a O
a Dynasty in its stead.
THE PEOPLE can prevent this M
they will They era sfiteCsb tea-
tern os they ai basts Nava* Tha
destiny at tfasoautryis lebMM
by tha rate's ssimr
If the PrasraMa ptey wfllbirt state
•mb’ upon Ms ~
sad ereot tha eta
honesty ia tha iteflnliliiMifMDiaav-
ernmeat, a glorious triasnph will ba
achieved. Viotosy is withia oar
Tha eaamy is aMag way Is
fiom bis niter dkragsrd at law
•titatiooal griflTWrthi# W&w ii
for a vigorous e barge mpoa Mt <
Tha How, haa bara
seed of troth. It haa
a will uM*M* sb-
isabsjz:
Sgffiteag
the ease because the plaintiff declines to
amend his deoiantioh so as to change hie
aotion to assumpsit for the reoovety ol
the purchase money.
Judgment reversed.
Hood k Kiddoo, for piaintifl in error.
H. Fielder, oontre.
Z. M. Bawyer vs. Elon Vories. Fore
closure of mortgage, from Stewart
MONTGOMERY, J.
Parol evidence is not admissible to add
a covenant to a deed. •
Judgment affirmed.
E. L Douglass, Bell k Tuoker, H.
Fioldcr, for plaintiff in error. J. L
Wimberly, J. T. Clark, oontre.
Wm. H Russell, W. Woodbrigkt, et al,
vs. Tbo Btate. Forfoitnro of recog
nizance from TerrelL
MONTGOMERY, J.
Where the enterics on a oriminal bond,
whieh kif been estreated, and on which
the usual sci. fa. was issued, offer on a
motion to enter up judgment on the bond
at the return term of theaci. fa., to prove
the principal ie too tlok to appear,
they should be permitted to do aa The
proof made, it would entitle them to a
continuance.
Where judgment has been entered on
such a bond, at the return term of the
aoi. fa., and during the term and before
tbo juries were discharged, the enretise
bring their principal Into oonrt, sur
render him to the Sheriff, offer lo pay
all oosta and exeats themselves for aoi
bringing their principal aooDor by show
ing his serious illness, sad thon move to
vacate the judgment, the motion should
have been allowed.
Judgment reversed.
Lyon DeGraffenried A Irvin, fat
K lnintiff in error. 8. Wise Parker, He
ritor General, by Z. D. Harrison, for
State.
While the Emperor of Brazil woo ia
w
England bo arranged fork
' ation of Brazil by ~
Ono thousand two
Sfty square miles of Brazilian territory
ere tobe flat taken np, and it far pro
posed to sand sot ten tboomnd emigrants
annually, the post ef smborkatioa bsfag
Bristol Wlw cannot an agent tem
Georgia make a similar arrangement, say
with Germany t
We tract oar petrous wilt _
tending tbo oiroalattonof Tn
hive entered npon
in the greet ween of
tem taa orate! al
money-changers, who are
tampb of Liberty. Their I
overturned and public opinion rant
scourge them from the puUio protean.
We shall give «M the Italian the
State Capital—proceedings of Iks I
lature—decisions of tbs BupuoSM C
end all important news a
neoted with the State i
shall endeavor to makel
family visitor.
Hon. Alexituder H.
Editor-in-chief,
hi# btuinMi #o
entire time to the pottUnfl dsgrateflal ef
Tbs Bun, daring the ooming spring and
summer, and to Uio end of tb" p Turidou-
tial election.
We give the proceeding* o> the Legis
lature when in erosion, the ddritens of
the Supreme Opart in fall, wi ll arose
of interest connected with the State Gov
ernment . .
•oaa to devote almost bis
DeGive’s Open Bum
SATUBDAY
arand.
Utm
City Tax Deteters.
B'jqsgiiag
assetas wriu when I kola So,
ooom rorasMI oad par *k> Waste k
or before tbo 1 Ml, o< MsnM. 40. U*
Iia-ta Donate Msookol rose
Key Found.
Found—a
■toro*
j Hivz iHaas aoi
1 Oa Whitehall, be —
1 Us BroaSatnol boot tho town.
1 Oa raoohlioo aoaotr oppoolto Iho a
Houses For
I WILL I
number
OomfbrtshMm Reaid
ami retotetoMt.
JUST RBMIVKO AY
The Industrial Supply!
flatlet—Steam Bead Wagra 0ra**r-
a vsrvu
Iran
the purpo** ofSkrtta* «
gffljjgjfc
WAltera ter—tff. -
Dr. Wm. 9,
^10,000 ;
-•»-
Cr+cAsrp, (Adorn swaof ttteuaawraw
Emarai. tea
SB POL* AT WBOLMAUI AW UXAA-
Or a. W. Anna. Bool