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THE ATLANTA WEEKLY SUN.
THE DAILY SUN.
Wednesday Morning. ........ August 23.
THE GREAT GEORGIA STATE
t FAIR TO BE HELD AT
MACON 23d OCTO
BER, 1871.
Central Parlt, Macon.
Description of Buildings and
Grounds.
A Delightful Place.
Fairs, Ancient and Modem.
No subject of general national interest
elicits more attention, and deservedly
too, than that of Fairs. Every intelli
gent citizen must feel the deep and last
ing importance of such exhibitions of
tbe energy, genius, productiveness and
increasing wealth of his country, and
particularly of tbe State in which his
own fortunes are involved. The mar
velous progress of the United States, in
all that constitutes a great and mighty
people, the advancement of art and sci
ence, ot manufacture, and especially its
world-domineering progress in that
most powerful and influential of all sci
ences—tbe science of Agriculture, is no
where so plainly seen as in the annual
Fairs—County, State and National—
where the masses of our people congre
gate to. view the golden and imperishable
fruits which the mind of man has plucked
by the skill of his hand and the power of
intellect, from the grasp of smiling moth
er Nature.
Upon such occasions vast multitudes
imbibe valuable practical lessons; good
purposes ore strengthened; the re
sults of mental toil, the labor
of ten thousand hands lie before
them for inspection, and the
spot is at once/and for days, turned into
a vast school of universal knowledge,
where old and young, rich and poor, male
and female, may witness with admiration
what man can do to adorn and fructify
life, and where purposes in the hearts cf
thousands ore strengthened to '‘go and
do likewise,” to imitato or to excell, un
til from this source the welfare of an en
tire peoplo is enhanced and its status
raised still higher among the nations of
earth. Such nmst be the legitimate ten
dency of all legitimate efforts to gather
in one appropriate spot the produce of
the bund and the mind of wan for the
education of, the peppjQ.of a. State, and
enhanced, as our State Fail's are, by all
that the tusto for tho beautiful can sug
gest or money can procure.
The origin, of fairs dates back into re
mote antiquity. The nations of the East
have, from time immemorial, been in the
habit of congregating at some chosen
.spot where, for weeks, the treasures of
Ind and the barbaric splendor of Orien
tal life were displayed; remote sections
interchanged their products," vast sums of
money changed hands and, in addition,
these fairs were made the occasions for
picturesque religious festivals.
Even at tho present day the Oriental
Fairs are celebrated for their extent, rich
ness and importance. At Hurdwar, in
India, a Fair is held annually at the ver
nal equinox, at which about three hun
dred thousand strangers assemble in the
town and its vicinity. Most of these are
pilgrims to the sacred river GaDges, and'
unite trade and religions observances in
picturesque confusion.
The Fair at Mecca, in Arabia, is also
still of great interest. Russia is famous
for its enormous Fair, lasting some times
two months, and frequented by repre
sentatives from almost all the nations of
earth. The total value of articles disposed
of at tho chief Fans reaches about $200,-
000,000. England, France and Germany
have fully tested the great value of Fairs,
and their governments sustain most lib
erally every effort of the people in this
direction. At all of these gatherings
immense quantities of goods ore disposed
of, and the occasion is improved to form
business connections between merchants
residing iu the various commercial coun
tries of tho old and new world.
Our own country has not been behind
in this glorious race of self-improvement,
and the State Fairs of tho Union are es
pecially most notable and brilliant events.
The sale of articles is a matter of small
moment with us, and the chief point
of interest centers in the display of goods,
fruits, agricultural implements and fine
stock, and an honest ambition is fostered
among competitors by the distribution
ot valuable prizes.
The Fairs held annually by the Geor
gia State Agricultural Society, are rapid
ly becoming great centers of attraction
to our whole people, free schools of hu
man enterprize and intellect, and the
foster-mothers of all that is most valua
ble to ns as a people in point of material
progress and prosperity.
Everything that enhances the value of
these excellent State Fairs of ours should
be properly estimated by every intelli
gent man and woman in the State, and
the successful efforts of cities and com
munities to enrich these occasions by all
the embellishments of art, and to in
crease their good effects by means of the
- ennobling touches of good taste and by
successful architectural designs, merits
the attention of our people and should
be noticed extensively by a patriotic press.
In view of this, wo have the pleasure
of giving a description of
CENTRAL PARK
of MacoD, Ga., where it is proposed to
1 Hold the next State Fair, beginning Octo- j but an elegant appearance-
ber23d. the gband stand.
Central Park seems to have been in- The «« Graml Stand.” for the races, j
tended by nature for just such a purpose, j wiU be built ont side the track, and direct-1
nml in point of location is entirely un- j v 0 pp 0S ;te the judges’ stand. It is to be
I surpassed by any similar spot m Amen- ; j. bree hundred feet long by thirty feet
j ca. The Park is situated in a nati\ e 1 w ide, exclusive of the platform and
J growth of pine, is perfectly level, and in j „ a ]j er y_
every respect, completely adapted for the t ° <p b j s extensive structure, when filled by
! purposes to wbieliitis now applied. I be - the youth, beauty and chivalry of the
race tracks j Empire State of the South, will present
■ arc unexcelled anywhere in this country, j one of the most imposing sights witnessa-
j The mile track is considered by good j ble in America,
judges, to be tbe handsomest one in
the world, while another track, called
the “half-mile track,” winds grace
fully about a beautiful grove of trees.
The tracks are in the most perfect order
and are as smooth as the gravelled walks
of an English nobleman’s park.
THE GRAND ENTRANCE.
Approaching the Fair Grounds, which
are of swift and easy access to the city,
the visitor is first struck by the graceful
and lofty proportion of the “ Grand En
trance.” This is a model structure, ad
mirably located and of handsome design.
It presents a front of nearly seventy feet.
The main gateway, occupying the centre,
which is twenty feet wide, and upon each
side are smaller ones seven feet wide.
Adjoining these are two lofty pavilions,
richly embellished and crowned with neat
and tasteful turrets rising to a height of
sixty feet. A grand arch is thrown across
from one pavilion to the other, from the
centre of which rises a flag-staff, to a
height of one hundred feet, which is sur
mounted with a large gilded ball. Upon
the arch will be the name “Central
Park,” and conspicuously placed, in pan
els designed for the purpose, on each pa
vilion, will" be the mottoes, “Agriculture,”
“Commerce” and “Art.” Ample rooms
%>r offices, Lai dies’ waiting rooms, police
quarters anil gate keeper complete the
structure.
THE RIVER TERRACE,
one of the most unique “beauty spots
of Central Park, is the fine terrace into
which tho bank of the adjacent river has
been transformed as if by magic. The
work has been artistically done and the
effect is superb. The soft green of the
turf invites the stroller to repose, and the
gladdened eye can from any point of this
magnificent terrace survey nearly a mile
of tho river before him. This has been
accomplished with studied care in order
to insure the thousands who will disperse
themselves over this locality a thorough
view of the boat-racing, which sport is
one of the great attractions promised to
the visitors of the State Fair at Macon.
Too much praise cannot be given to the
projectors of this unique and very beau
tiful terrace-feature of Central Park.
“PREMIUM HALL”
is two hundred and fifty feet in length by
forty-one feet in width and Wo stories
high, each fifteen feet in the clear, and
the first floor having an elevation of five
feet from the ground. The front and rear
facades are broken by a projection of ten
feet from the main building by fifty feet
front. Galleries, four feet wide, surround
the entire building, on a level with each
floor, affording space for promenades over
twelve hundred feet in length. The ex
terior cornices and gables ore to be richly
ornamented with tracery and brackets.
The doors of ingress and egress are com
modious and Veil located. The interior
will be well lighted, have ample and com
modious stairs to the second floor and a
fountain placed in.the centre. The whole
5a to be finished nicely and handsomely
painted.
• FLORAL HALL.
This building will be one hundred and
sixty-four feet fi'ont by fifty feet deep,
two stories high, with pavilions twenty-
four feet square upon each of the rear
corners three stories high. The front
facade is broken by a projection of twelve
feet from the main building, and forty-
four feet front. This center facade is
three stories high, and handsomely em-
belished with a double story verandah
across the front. Balconies four feet
wide, supported by massive brackets, will
fill the angles from the center to the cor
ner pavilions, and a gallery nine feet wide
and one hundred and forty feet in length
will connect the rear pavilions, from
which every foot of the race track from
the “start” to the “home-stretch,” can
be seeD. The roofs of the pavilions are
to be covered fiat, surmounted with
an open parapet, and the access to
which will be easy by regular flights
of stairs, and from which a sur
vey of the entire Grounds can be had,
presenting*a scene of rare beauty. The
exterior finish will be of the bracketted
style, and the roof having a good pro
jection. Upon the ground floor, in one
one of the pavillions, will be a refreshment
saloon, and in the other, ladies’ retiring
room. The space immediately in the
centre will be occupied by a fountain.—
An open corridor will connect first with
the third floor of centre-building, pro
tected by a ballustrade; and from this
corridor, on the various floors, views may
be had of the whole interior. This
building is located nearly in the centre of
the Grounds, and from its balconies and
pavillions may be seen every object of in
terest. Midway between it and the gener
al exhibition building will be erected
THE GRAND MUSIC PAVXLLION.
This, structure will be a hexagon, its
floor elevated seven feetjioff the ground,
having below a massive moulded base,
and the superstructure above richly or
namented with festoons of traey between
the columns, bracketts upon the angles,
supporting a heavy projection; pendants
from the facia, and ornamented cut bal
lustrade. The roof is flat, with a hand
some dome springing from the centre,
surmounted with a harp and a gilded
star, at a height of forty feet from the
ground.
THE DINING HALL
will be fifty by one hundred and fifty
feet, twenty feet high, conveniently loca
ted, and partaking in general with the
stylo of the other buildings. A double cot
tage is to be erected near the dining hall,
exclusively for the use of the ladies for a
withdrawing room, wash room, toilet, &c.
THE MACHINERY HALL.
This important building will be fifty
by one hundred and fifty feet in size,
and is located remotely from the other
buildings, so that the noisy hum and
thrilling whirr of steam machinery may
not'annoyjke visitor,and yet be accessible
by a three minutes’ walk to every one in
terested in the wonderful work of that
modern Atlas—steam.
THE REFRESHMENT SALOON.
This practically and uniquely designed
building is thirty-five by seventy-five feet,
wi.h a pitch of nineteen feet, and may
be styled the “Cottage Omee,” and with
its gables, pediment, bracketed-hoods,
and finials, presents not only a creditable
THE STABLES.
The stables—or which might more
properly be called cottages—are models
in that line. They are built upon a street
sixty feet wide, each cottage having stalls
for twelve to fifteen horses, and there are
now built some six or eight of these
buildings, all covered with shingles and
provided with doors, locks, &c. No Fair
Grounds in the Union can show a better
arrangement for the proper care and ex
hibition of valuable stock.
OFFICES, ETC.
In front of Premium Hall are the
offices for the President, Executive Com
mittee and other officials. This is a
tastefully ornamented cottage, containing
three spacious rooms. The gables are
ornamented with fanciful designs, and the
whole appearance of the building is one
of extreme neatness and rare beauty.
Thus we have endeavored to give a
concise sketch and description of Central
Park, the scene of the approaching State
Fair of Georgia. Though our descrip
tion be necessarily imperfect, it will, at
least, convey an idea of tbe taste, good
sense, energy and ambition of the citi
zens of Macon displayed in the construc
tion of their Fair Grounds.
Macon can look with just pride upon
this work of her skillful hands, as it will
remain for generations to come a beauti
ful monument to the liberality and pro
gress of its enlightened citizens, under
whose auspices the annual exhibitions of
the wealth, industry and genius of Geor
gia cannot fail to prosper and increase.
We are under many obligations to
Mayor Huff, the energetic and popular
Chief-Magistrate of Macon, Mr. Wood
ruff, the architect of the Central Park
buildings, and Mr. Clay, the popular liv
ery stable magnate of Macon, for special
courtesies rendered by them in our in
spection and description of the Central
Park Fair Grounds. To these gentlemen
the people of Georgia are greatly in
debted for the successful manner in
which this great work is being perfected.
SUPREME COURT DECISIONS.
South Carolina Railroad Company et al.
vs. Henry H. Steiner et al.; injunction
from Augusta.
LOCHRANE, C. J.
This case comes before the Court upon
a bill of exceptions filed by both/the par
ties to the judgment of the court below.
The authorities of the city of Augusta
entered into a contract with these various
roads by which they permitted them the
use of a certain street'known as Washing
ton street, in Augusta, to run their cars
to carry freight and passengers through
that city along that street. Several of
the property owners on the street brought
suits, at common law, for damages against
the railroad companies. This biil was
filed by the companies in the nature of a
bill of peace, to bring all the parties into
a court of equity, and prays an injunc
tion against them on the ground that
they had no right of action, this permis
sion having been first granted by the
municipal authorities of the city, and
afterwards ratified by the Legislature of
the State, alleging that they were in the
exercise of their legal rights, and such
rights were not the subject matter of a
suit for damages, inasmuch as the act of
the Legislature ratifying the act of the
authorities of the city of Augusta, in
giving the railroads the right to this
street, contained no provision for the
assessment of damages for compensation.
The court maintained the bill and re
fused to dismiss it for want of equity,
holding that it was in the nature of a bill
of peace, and he could maintain jurisdic
tion in it.
The railroads excepted to his decision,
on the ground that he held a right of
action accrued to those parties. The
others excepted on the ground that he
had fettered their leg&l rights with this
illegal condition he had imposed upon
them.
We hold from the facts disclosed by
this record, That equity may take juris
diction, by bill in the nature of a bill of
peace, under section 3166 of the Code,
and bring ail the parties, plaintiffs and
defendants into the forum and adjust
their several rights by one decretal ver
dict, Ttnd the enquiry upon the trial of
such case will not only cover past, but
future damages, so as to estop all further
or future litigation in or about the same
subject matter, and operate upon com
pliance with such verdict as a complete
investure of the legal rights, free from
further claim or damages to the railroads
in their use of Washington street, Au
gusta, for railroad purposes, within the
legitimate scope of the legislative right
granted to them.
The controlling question made by this
record, and upon which all others hinge,
is whether the railroad companies are
liable for damages to the holders of prop
erty along Washington street, in the city
of Augusta, by the use of the street by
them for railroad purposes. This ques
tion is one of vital importance in its con
sequences, and in the adjudication of the
principles involved in it. The previous
decisions of this Court upon questions
arising under the use of the street, by
these railroad companies, relieves the
question of many auxiliary subjects, and
leaves it to be decided upon broad prin
ciples of law. The fee to the street in
question is conceded to be in the State.
The city authorities of Augusta and the
Legislature have granted this right to
the railroad companies is equally ad
mitted; that by reason of such legisla
tion it is not a public nuisance has been
determined by this Court; that the act of
the Legislature makes no provision for
compensation, or assessment of damages
is a fact unquestioned. ° ;
And the case therefore presents itself
upon anakedlegal principle as to whether
the use of a public street in an incorpo
rated city, can be granted to railroads to
run their cars over by steam power by the
municipal authorities, and when ratified
by the Legislature, will snch municipal
and legislative permission prevent suits
for damage against such roads by prop
erty holders abutting on said street?
. is the silence of such legislative act
in regard to compensation a denial of the
nght to claim damages at common law*
The argument concedes that suit may be
instituted for damages by the lot owners,
if the use of the street by the railroads
denies to such owners free ingress and
egress to their property over and upon
such streets. But, it is contended with
great ability, aud upon a large array of
authority, that in the absence of all statu
tory provisions to that effect, no case,
and certainly no principle, seems to jus
tify the subjecting any person, natu
ral or artificial, in the prudent pur
suit of his own lawful business to the
payment of consequential damages to oth
er persons in their property or business.
Red on Railways, 291—and in support of
this proposition cases are relied on de
cided by this Court. 28 Geo. 418, and
34 Geo. 327. The basis of these recog
nized principles is, that where properly
of the individual is not taken for the
public use, the injury resulting from the
legitimate exercise of a lawful employ
ment, working injury, is damnum absque
injuria.
If the property were taken, the right
to compensation cannot be denied, for it
is constitutionally guaranteed, and the
Legislature limited in that respect. A
veiy delicate question arises upon con
struction, as to whether there can be a
t iking within the constitutional inkibi
tion of rights and easements, which are
a part of the necessary use, to the full
enjoyment of the property, without com
pensation. If the track lay upon an inch
of ground belonging to another, it is so
sacredly guarded that no power, State or
national, could appropriate it. And yet,
by the admission of the principle con
tended for, a man maybe driven from his
home and household gods. Trains
freighted and driven by steam, with the
gusts of thick smoke through his win
dows and screaming along in front of his
door, may affec this health and destroy his
peaceful enjoyment of his property, and
lie is remediless. Axe not these equiva
lent in the construction of law to a
taking. Cooley’s Const. Limitations, a
work of great ability and entitled, from
its thorough analysation of all the sub
jects upon which it treats, to great con
sideration, says: “any injury to the prop
erty of an individual which deprives the
owner of the ordinary use of it, is equiva
lent to a taking, and entitles him to com
pensation.” C. C. L. 554,14 Corns. 146
But the idea suggested is, that the Leg
islature must have provided for the com
pensation, our opinion of damages or
mode of ascertainment. And, again,
while the grant of the right by the Leg
islature prevents the act done from being
regarded a nuisance, we are of opinion it
is not a logical or legal consequence of
such grant, that it may not inflict injury
or damage. The admission of the one is
not the necessary exclusion of the other;
and we, therefore, arrive at the conclu
sion that when the State grants a right,
the use of which works injury to another,
and the law provides no mode of asses
sing compensation for such an injury, the
right of suit for damages, if any can be
proved, as we will hereafter discuss, is
not taken away by such law.
Now, by contract, purchase of prop
eity on Washington Street, acquired, by
ownership, a right to the free use of it
for all purposes, and it makes no differ
ence where the fee to the highway re
sided. The use is the subject matter of
disturbance. It will not be doubted that
a public street is for the use of the pub
lie, and all obstructions thereon are
trespasses in law, and in these days
of progressive improvements, we ad
mit the legality for public use of such
streets, by laying an iron bar on them, to
facilitate conveyance by permitting cars
to run over them. The enlightened
opinion of the world recognizes this ap
propriate use; and we endorse the au
thorities of Judges and Publicists on this
subject. We need not pause to notice
the growing tendency of Courts to shield
Corporations from all prejudiced assaults
through the forms of law. Monopolies
are evidences of civilization, and invoke
no captious criticism at my hands.
But, after a careful review of the au
thorities presented, I am not satisfied that
the use of a public street in a city by
steam power, is within the legitimate use
of such street. I think the streets may
be used, and bars laid upon them, and
cars drawn over them by horses. But
there is something in a locomotive poxcer,
in throwing smoke into the houses along
the street, its tremendous weight shaking
houses and breaking plastering and walls;
and in the noise and screeching of whis-
tles, which, in the machinery employed,
may make it the subject matter of injury,
which the horse car, slowly driving along,
would not occasion. It is not in the use
of the street for cars, but the mode of
use; and, as an original proposition, I
gravely doubt the right of any power to
take a street dedicated to public use for
the citizens and convert it into a railroad
track, without the consent of the prop
erty-holders thereon where it comes as
an obstacle to a great thoroughfare, and
the law provides compensation. The
right of eminent domain may be exer
cised over houses or streets. But the
Legislature of Georgia, in the grant of
charters, never contemplated arbitrary
going through towns upon the part of
railroads.
Nor can it be said that the citizen who
buys property buys with knowledge, and
by right cannot complain of the use of
the street upon which it lies for any pub
lic purpose, if Jjy such knowledge he is
to be held as understanding, the power
to make a railroad track of the street is
contemplated. Such use is not ordinary;
and when it is done by the Legislature,
I am of opinion he has the right of suit
left; that he is not shorn of hi3 right to
complain and present his case to the
Court and country.
_ But on the trial the most difficult ques
tion still remains to be disposed of—as
to what elements of damage may be given
in evidence. °
From the view I entertain on the sub
ject, I am satisfied the the rule ought to
embrace the actual damage sustained of
any from obstruction to the free in
8*®*®? aE d egress, and access over
and upon the streets—inasmuch as
the law has allowed the use
of the street by steam cars, the passage
oyer the street would not be in itself an
obstruction, while reasonably exercised;
and the laying of the iron rail upon the
street, though it may create ajoltincross-
ing, would not be an element of damage,
for it lies there by direction of the law.
Nor would the apprehension of safety to
children going out upon the street, nor
the possiblity of sickness in families, or
any fanciful or speculative disturbance
constitute an element. The damage
which the law recognizes must be actual,
something tangible and determinable; and
to arrive at this the occupation of the
parties by which losses in scholars, or in
trade, or the like have been occasioned,
would not be legitimate; but the actual
depreciation of the value of property
would be proper, and this depreciation
not only from questions of access upon
the street, but the noise, smoke, shaking I
of walls or plastering, and the like, !
which, can be traced as effect to cause.— ]
In cases of this kind damages are not
given for feelings of parties, or the;
fact that carriages might be injured by
runaway horses, or that visitors are pre
vented from coming to the house, but
mustiest upon some solid, tangible inju
ry. All consideration of sentimental in
juries must be kept away in evidence and
in argument from the jury. . |
We therefore affirm the judgment of j
the Court below so far as he held jurisdic-1
tion in equity over the parties and sub
ject matter, and enjoined the suit at law, |
reversing the condition required to be
filed in writing, aud give direction to the
trial covering all the equities and rights
of parties, and settling by one verdict
and apportioning the damages found, if
any, among the various Roads, and tho
past and prospective claims of damage to
be settled and the Roads have, from com
pliance with such verdict, future indem
nity. . . .
We deliver the following written opinion
as the opinion of the Court in this case:
We hold, from the facts disclosed by
this record, that equity may take juris
diction by Bill in the nature <A a Bill of
Peace under Section 3166 of this Code,
and bring all the parties, plaintiffs and de
fendants, into the Forum and adjust their
equities and several rights by one decretal
verdict, and the enquiry upon the trial of
such case to cover not only past but future
damages, so as to stop all future or fur
ther litigation in or about the same sub
ject matter, and operate as a complete
investigation of the legal right free from
further claim of damages to the Rail
roads in their use of Washington street,
Augusta, for railroad purposes by steam
power, within the legitimate scope of the
Legislative right granted to them upon
their compliance with the verdict.
Held, That the act of the municipal
authorities, sanctioned by the Legisla
ture, gives to the railroad companies the
right to use the street in controversy; but
the failure by the Legislature to provide
for the assessment of damages, by way of
compensation to the property owners on
said street, does not take away the right
of the party to his suit at law for dama
ges under Sec. 2692 of the Code.
Held again, That while the use of a
public street may be granted to railroads
to lay bars of iron on to run over with
trains, without endamaging the street by
obstructions or embankments, yet if the
use of locomotives inflicts injury upon
those who live on the street by throwing
smoke through the bouses along the
street, or by its weight shaking them or
breaking the plastering, &e., and by the
noise and screeching of whistles
and engines the right to run over the
street..does not make such acts harm
less, and the injury inflicted
upon the legal rights of the parties
damnum absque injuria. Upon the trial
the rule of evidence should be limited to
actual damage. The right to the use of
the street, with reasonable obstruction ir.
the passage of trains, is permitted by lav/,
and is not an element of damage, nor is
the jolting over the iron rail an element,
nor the apprehension of the safety of
children, nor possibilities in cases of sick
ness, nor any inconvenience to visitors
not obstructing ingress or egress, nor any
fanciful or speculative damages or senti
mental injuries, are elements of damage.
But the clamage which the law recognizes
must be actual, tangible and determinable
by proof, and the depreciation of the
property, not only from obstructions to
access, but by smoke, iujury to walls,
&c., and traceable as effect from cause
and the like, may be inquired into to
form the total of the injury,
Judgment affirmed, so far as equitable
jurisdiction is sustained and the suits at
law enjoined; reversing the condition re
quired to be plead in writing.
Judgment affirmed.
WARNER, J., concurred.
McKAY, J., dissented.
Covington Dumas, Administrator, vs. F.
S. Pepper—Equity.
LOCHRANE, C. J.
In a bill filed to enjoin an action of
ejectant and for specific performance, it
is not error to award the commencement
and conclusion of such case upon the
trial, to the complainant’s counsel.
Where the proof show r s that the defen
dant in the bill acted as agent of com
plainant to purchase land, and that he
had gone into the possession of the land
at the time of the purchase, and the an
swer filed denies the truth of the allega
tions as to then* conclusiveness and effect,
but admits substantially the charges, and
the Court was not requested definitely to
charge the jury what parts of the answer
were responsive to the bill, it was not er
ror in the Court not to charge the jury as
to what parts are or are not responsive.
Under the facts of this case the verdict
for specific performance is sustained by
the evidence, and we affirm the judg
ment of the Court below, with the in
struction to add interest thereto.
Judgment affirmed with instructions.
Edward McDonald vs. Jacob Davis—In
junction.
LOCHRANE, C. J.
Where suit w'as brought upon account
and set off pleaded, involving a multi
plicity of items, originating in three years
dealings between the parties and the de
fendant, in such complaint filed his bill in
equity to enforce specific performance in
reference to a house and lot:
Held, That while a court of law has
concurrent jurisdiction with a court of
equity in matters of account and will not
be interfered with, unless for good rea
sons, we think the reasons presented by
the facts in this case were sufficient to
sustain the judgment of the Court below.
Where equity obtains jurisdiction, as in
this case, for specific performance, it will
keep jurisdiction over all the matters, un
til full and. complete satisfaction is given
to the parties. Under the Code compli
cated and intricate accounts are properly
matters of equity jurisdiction, w’here, by
the aid of a master or auditor, the hear
ing may be facilitated.
Judgment affirmed.
C. L. Mathews vs. Catharine Castleberry
—Ejectant.
LOCHRANE, C. J.
Where, upon the trial of an issue
formed under Section 2670 of the Code,
relative to the genuineness of a deed, the
instrument in issue was over thirty years
old at the time of the trial and come from
the proper custody, with possession un
der it accordingly, and bearing upon its
face evidence of its genuineness:
Held, That such, instrument proved
itself and did not need evidence of its
signatures, and the issue raised under
said Section of the Code does not apply
to sucli instrument, and the verdict of
the jury sustaining it is in accordance
with law.
Where, after the finding of such issue
the cause proceeded to the jury and the
defendant shows that the deceased pm-
chase 1 the land in 1850, aud that he went
into possession in 1851, aud had exercised
acts of dominion over it until his death
such as cutting timber and erectin'* Val’
uable Improvements thereon u °
death in 1S65.
Held, that the proof of possession was
consistent with the verdict of the jm-v
setting up a statutory title with a claim
Judgmeut affirmed.
L. B.^Miller, et al., vs. W. Jordan, Guar
diau.
LOCHRANE, C. J.
Where a verdict and a decree was had
between the parties which was brought
by writ of error to this Court, and the
judgment of reversal upon the remittitur
of this Court was upon notice tortke par
ties, made part of the decree in tffe Court
below, and a motion was made to set
aside such order, which was overruled
Held, that the effect of the reversal bv
this Court of the judgment of the Court
below, based upon a verdict of a jury waa
to grant a new trial, and it was error to
abridge the rights of the parties to this
case upon a motion.
Judgment reversed.
Gilbert and Yason vs. Seymour, Johnson
& Co—Commercial Law.
LOCHRANE, C. J.
The defendants were sued as drawers
and endorsers on a draft not payable at
any chartered bank. Two questions were
made and decided by the Court below
First, whether the defendants were enti
tled to action to make them liable as en
dorsers. Second, whether the defendants
were discharged as endorsers by the fail
ure of the holder to give reasonable no
tice of the non-payment of the draft by
the drawee. The Court decided that no
tice was not necessary, to which decision
the defendants excepted.
Held, that under the provisions of the
revised Code of this State, the endorsers
of this bill were not entitled to notice of
non-payment or non-acceptance to charge
them as endorsers under Section 2739 of
the Code. In our opinion there was no
error in the Court below in overruling
the motion for a new trial on either ques
tion in this bill of exceptions.
Judgment affirmed.
The Atlantic & Gulf R. R. Company vs.
Thomas Mann—Arbitration.
McKAY, J.
Where one who owned land fronting
on a street in Bainbridge, and the At
lantic & Gulf Railroad Company submit
ted to arbitration under the compensation
clause of the charter, the question of how
much damages the lot-owner had receiv
ed by tho building of said road through
said street; and it appeared that the road
had authority from the State to run from
point to point, which would carry it
tbropgh this place; and had authority
from the city authorities to run through
said street; and it further appeared that
in laet the road had not used the street,
but had gone through on private prop
erty.
Held, That the Court erred in holding
that the road had no authority to use the
street; and in holding that the road was
estopped by its submission to offer proof;
that in fact the street was not occupied.
Judgment reversed.
D. B. Harrell vs. HenryJG. Feagan—Rule
vs. Sheriff’—Levy on partnership assets.
McKAY, J.
Where certain lands were levied on as
the property of defendant in fi fa, and he
filed an affidavit of illegality, stating that
the lands were the property of a partner
ship company, of which he was a mem
ber; and also filed a claim in the name of
tho partnership to the lands.
Held, Under the Code, the assets of a
partnership, including lands, as well as
personal property, are not subject to levy
aud sale under a judgment against one of
the partners. His interest must be
reached by process of garnishment
against the firm; and the Sher iff was not
guilty of a contempt in Court in receiv
ing the affidavit and claim, aud staying
the proceedings.
Judgment reversed.
Jas. O. Dennington vs. E. U. Dovglas—
For use of Carrier.
McKAY, J.
In a suit upon a note, payable to A
only, and the suit was in the name of A,
for the use of B. Held that C, who was
the true owner of the note, and who con
trolled the case, might make the affidavit
that all legal taxes due on the note had
been paid, sis required by the act of Oc
tober 13, 1870.
Second. It was proper on C’s applica
tion to permit the declaration to be
amended by stricking out B’s name as
usee and inserting the name of C.
Judgment reversed.
W. A. Ramson vs. H. M. Jenkins—Re
lief Act of 1870.
McKAY, J.
An affidavit was filed by the plaintiff in
a pending suit on a debt contracted be
fore June 1st, 1865; which affidavit states
that all legal taxes chargeable by law on
the debt have been paid for each year,
since the making of the jjebt. Held that
this is a ..substantial compliance with the
act of October 13, 1870, though the word
“ duly” is omitted.
Judgment reversed.
B. O. Keaton, Adm’r vs Jno. B. Milli
gan—Arbitration and award.
WARNER, J.
Held that the award was conclusive as
to all matters submitted to the arbitra
tors, but it is doubtful, from the terms
of the submission whether certain mat
ters were submitted and passed upon by
the arbitrators, the Court should have ad
mitted the evidence as to the facts of the
case and then have charged the jury as to
the law applicable thereto.
Held also that it is competent for the
defendant to have shown on the trial that
the plaintiff had not complied with the
terms of the award in turning over all
the property which he pretended to have
purchased, and which the award author
ized he defendant to deduct, inasmuch
as the could not have impeached the
award, but merely have shown a non-
compliance therewith on the part of the
defendant.
Judgment. reversed.
‘E. McDonald & Co. vs. H. G. Feagan,
Sheriff—Rule vs. Sheriff.
WARNER, J.
This was a rule against the Sheriff,
calling on him to show cause why he had
not made the money on certain distress
warrants placed in his hands, issued by a
J.~P. to enforce a factor’s lien, under
1977th Section of the Code, the amount
of each being less than $100. The Court
refused to grant a rale vs. the Sheriff', on
the ground that the Superior Court haa
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