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VOL. I, SANDERSYILLE, GEORGIA, JUNE 13, 1873. NO. 50. I. at. G. ilEDLOCK. JETHKO APETNE. E. L. BCDGEBS. By Medlock, Arliue & Bodmers. The Heeald is published iu Sandersville, Ga., every Friday morning. Subscription rrice TWO DOLLARS per annum. 1 Advertisements inserted at the usual rates. Ro charge for publishing marriages or deaths. POETRY. Watch. Mother. Mother, watch the little feet, Climbing o'er the garden wall, Bounding through the busy street, Ranging cellar, shed, and hall. Never count the moments lost, Never count the time or cost: Laughing, bustling, all the day, Guide them, mother, while you may. Mother, watch the little hand Picking berries by the way, Making houses in the sand. Tossing up the fragrant hay, Never dare the question ask, “Why to me the weary task?” These same little hands may prove Messengers of Light and Love. Mother, watch the little tongue, Prattling eloquent and wild ; What is said and what is sung By the joyous, happy child. Catch the word while yet unspoken, Stop the vow before ’tis broken ; This same tongue may yet proclaim Blessings in a Saviour’s name. Mother, watch the little heart Beating soft and warm for you ; Wholesome lessons now impart; Keep, O ! keep that young heart true Still, extracting every weed, Sowing good and precious seed, Harvest rich you then may see Ripen for eternity. SELECT MISCELLANY. LITTLE BLUE EYES. Or, How sire saved me. “Can I sit with you?” “Certainly, sir.” “Nice weather.” “Splendid, indeed.” “Crops growing finely?” “Yes, could’nt do better.” X was sitting in a passenger coach, on a Wisconsin railroad, one day, years ago, when a good looking, pleasant spoken man came along, stopped at my seat, and the above conversation took place, the latter part, of it after I had given him part of my seat. Now I am regarded as a social man. I like a joke, a good bit; and I think a sour, morose man, who uses his tongue only when obliged to, is bound to die of some terrible disease, and go to some place of red hot punishment. On entering a railroad car I al ways look about for a talkative man, and then get as close to him as pos sible, and drain him dry, if the jour ney is long enough. And I want to state one thing more. Left an orphan before 1 could realize the event which made me one, I got kicked here and cuffed there, and “grew up between folks,” as they say. I ought to have had, at the time of which I write, a pretty thorough knowledge of human na ture, and have been enabled, to read iu a man’s face if he intended me evil. I do not pride myself on being over keen or extra sharp, but the knocking around among strangers ought to give one a good experience. Well, the stranger and I fell into an easy train of conversation as we rode on together, and in ten minutes I began to enjoy his company. He was a well made fellow, finely dressed, and he wore a fine watch and a simon pure diamond ring. I never saw a man who could talk so easily and pleasantly. It seemed that he had but to open his mouth and the words fell right out. I had traveled in the South, so had he. I had heard the loud roar of the Pacific; he knew all about it. I had been up in a balloon, down in a mine, been blown up, smashed up, and re paired again; my new friend had ex perienced all these things, and was waiting for something to turn up of a more startling nature. We agreed on politics, neither had any religion, and I had never met such a railroad companion. Did. you ever meet a man who, though a stranger to you ten minutes before, could wrest from you secrets which you’d sworn to yourself not to reveal? Well, he was just such a man. It was not long before he commenced asking me questions. He did not seem to be trying to quiz or draw me out, but he asked me questions in such a sly, round-about way, that before I knew it I was giv ing him my history. sj.uuu. .w l was at that time just on die j re t urn my money in his pocket point of being admitted to ^the bar , anc | m y Ulood. upon his hands, I About a year before his death, being short for money, and not wish ing to sell anything at a sacrifice, Preston had given a mortgage on his farm for three thousand dollars. While the papers read “one year from date,” there was a verbal agree ment that it should be lifted off any day when Preston desired. A month after, when, having the money, he desired to clear off the paper, the old money-bags holding it refused to disgorge, wishing to secure his inter est for a year. I was on my way to ascertain the date of expiration. A fire among our office papers had destroyed the memoranda, and I must go down and get the date from old Scrip, who lives south of Grafton about five miles. The stranger had pumped all this out of me in ten minutes; and yet I never once suspected that he was receiving information. “I am not positive,” I added, “but I am pretty sure the time is the 13th, which would be Tuesday.” - “And then yonr folks will send down the money and discharge the mortgage, of course?” he inquired. “Oh, yes. I should most likely bring it down,” I replied, and it never occurred to me how imprudent I was. * He turned the conversation into other channels, and did not once at tempt to pump me further. We got to Grafton at half past ten, and to my great surprise he announced that he was to stop in the town on busi ness for a few days. I had not asked his name or vocation, while he knew everything about me. We went to the hotel, had. dinner, and then I secured a lively team and drove out, getting through with the business so that I was back to take the half past two express east. My friend was on the porch of the hotel as I drove up, carrying that same honest, dignified face. ' “Well, did you find out?” he in quired, in his pleasant way. “It’s on the 13th, as I expected,” I replied. We had lunch together, and when we shook hands and parted, I had no more idea of seeing him again than I have of knowing you. In fact he told me that he should sail for England in a week or ten days, and should not return to America. At parting he gave me his card. It was a modest piece of pasteboard, and bore the name of “Geo. Raleigh,” in old English script. Every thing at the office went on as usual, and the 13th came at length. Law & Law had arranged for me to go down with the money, and I looked, upon it as a business of no special importance. “We know you are all right,” re marked the senior partner, as I was- about to go ; “but I want to give-to you a word of warning, neverthe less. Don’t take any stranger into your confidence until you have passed out the money, and look oulwho sits next to you.” It was something new for him to caution me, and I could not but wonder at it; but in the bustle of getting on board the train, I forgot what lie said. Ordinary prudence had induced me to place the money, which was all in bank bills, and divid ed into three packages, under my shirt, next to my skin, where the left hand of a pick-pocket could not reach it. Interested in a newspaper, time flew by as the train flew West, and, at length, the hoarse voice of the brakeman warned me that I had reached Grafton. I had leaped down and was making my way to the livery stable when I heard a familiar voice, and looked up to see Raleigh. He was seated in a buggy, and had, seem ingly, waited for me to come up. “Don’t express your surprise,” he began, as I stopped at the wheel. “I did intend to go away, but I changed my mind, and I like this section so well that I am going out to-day to look at a farm, with a view of purchasing. Come, ride up to the hotel.” We rode up, ordered a lunch, and while we were discussing i£, Mr. Raleigh discovered that the farm he was going to see was just beyond the Script’s. How fortunate! I could ride out with him, see the farm, and retum in his company, and he would be greatly pleased. I was also pleased. If any one had told me, as we got into the bug gy, that George Raleigh meant to of Wisconsin as a student of Law & Law, of Brierville. The firm were old lawyers, with a lucrative practice, and it had been talked over that in about a month I was to become the “Co.” of the firm. A year before, an old farmer named Preston, down about four miles from Grafton, had died, and his matters had been put into the hands of Law & Law for settlement. Preston had died rich. He had money in the hank, railroad stocks, mortgages, etc., and everything was settled up to the satisfaction of the relict and the fatherless. should have believed him a lunatic. And yet George Raleigh had plann ed to do that very same thing. It was a lovely day in June, and the cool breeze and the sight of meadows and green groves made my heart grow larger. My companion was very talka- tive/but ho didn’t even hint at my errand. “O, excuse me,” he exclaimed, after we had passed a mile or so be yond the village and were among the farm-houses, “X should have offered you this before.” • s He drew from his pocket a small flask of wine and handed it to me Now, I was temperate in regard to drinks. In fact, I detested the sight and smell of anything intoxicating but I had not the moral courage to tell him so and hand back the flask undisturbed. I feared to offend him, and so I drank, perhaps, three good swallows. He called my attention to the woods on the left, as he re ceived back the flask, and when ] looked around again he was just re moving it from his mouth, as if he had drank heartily. In about five minutes I began . to feel queer. The fences, along the road, seemed to grow higher, and the trees to grow larger; something got into my ears, so that the rattle of the buggy sounded a long way off. “How strange! why, I believe I am going to be sick!” I exclaimed, holding on to the seat with all my might. “Yon do look strange,” he replied, a sickly smile stealing over his face “I shouldn’t wonder if it was apo plexy.” I did not suspect the game he had played. His words were like an echo, and his face seemed twice as large as it usually was. My head began to snap and crack, and I was greatly frightened. “You are badly off,” he continued, looking into my face. “I will drive as fast as possible, and get a doctor. My tongue was so heavy that I could not reply. I clutched the seat, shut my eyes, and he put his horse at his best pace. We met a farmer’s team, and I can remember that one of the occupants of the wagon called out to know what ailed me. Raleigh did not reply, but urged the horse forward. About three miles from Grafton was a long stretch of forest, and this we soon reached. The pain in my head was not So violent, and I was not so badly affected with opening my eyes. I had settled into a sort of dumb stupor, with a brain so be numbed that I had to say to myself, “this is a tree, that is a stump,” etc., before I could make sure that I was not wrong. Half a mile down the road, after we struck the forest, and then Raleigh turned the horse into a blind road, leading back into the woods. I could not understand what he intended. I tried to grapple with the questien,but I could not solve it. “Well, here we are,” exclaimed Raleigh, when we reached a point forty rods from the road. He stopped the horse, got out and fastened him, and then came around to the wheel. “You don’t feel just right, but I guess you will be better soon,” he remarked; “come, let me help you down.” He reached up his arms, and I let go of the seat and fell into them. It seemed to me as if I weighed a ton, but he carried me along without an effort and laid me down within about a rod of the fence which ran along on one side of an old pasture. Just now.the effect of the drug was wear ing off, and I began to feel a little better, and I got a faint suspicion that something unusual had hap pened. But I was powerless to move a limb. The sensation was like that when your foot goes to sleep. “Can you speak?” inquired Ra leigh, bending over me; “because if you can, it will Save me some trouble. I want to know where you have stowed away that money?” Now I began to realize my situa tion. His face looked natural again, and the load was off my tongue. “George Raleigh! are you going to rob me?” I asked, finding my voice at last. “Well, some folks might call it robbing, but we dress up the term a little by calling it the only correct way of equalizing the floating cur rency, so that-each one is provided for, and no one left out.” “You shan’t have the money; I’ll die first!” I yelled, rising a little. “Ah, I see—you didn’t take quite enough,” he coolly remarked. “Well, I have provided for this.” He went to the buggy, procured ropes and a gag, and knelt down be side me. I had. but little strength yet, and he conquered me in a mo ment. Laying me on my right side, looking towards the fence, he tied my hands, and then forced a gag into my mouth. “There, now, you see you are nicely fixed up, and all because you acted like a fool, instead of a sensible young lawyer soon to be admitted to the bar.” While he was speaking—indeed while he was tying me—I had caught the sight of the white face of a little girl looking at us between the rails of the fence. I could see her great blue eyes. There were red stains around her month and on. the little hand resting on the rails, and Ik w that she.was some farmer’8 daughter searching for strawberries- I could not warn her of her danger, and I feared she would be seen or heard. While Raleigh was tying the last knot, I winked at the girl as hard I could, hoping that she would see me and move away. But she did not go. '‘Well, now for the money,” said Raleigh, and he began searching my pockets. He went from one to the other, removing all the articles, and finally passed his Land over my bos om and discovered the money. “Ha! there it is!” he exclaimed, drawing out the packages, and he was cool enough to go at it and count-out the money. As he com menced the girl waved her hand to me. My heart went thumping, for I expected she would utter a word or a shout; but she sank down from sight, and I caught a glance of her frock as she passed through the grass. “You see, my young friend,” re marked Raleigh, as he drew off one of his boots and deposited some of bills in it, “there’s nothing like transacting business as it should be transacted. Some men would have shot or stabbed you, but its only the apprentices who do such work. All the gentlemen of our calling do busi ness as gentlemen should.” He drew off the other boot and placed some fifties and twenties in it and then continued: “I have it all planned how to deal with you as soon as I get this money disposed of around my person. I shall lay you on your back and pour the balance of this wine down your throat. There’s enough of it to make you sleep till to-morrow night, and by that time I shall be hundreds of miles away. As soon as I see that the drug has taken effect I shall untie your hands and remove the gag. When you come out of your sleep— if you ever do—you had better crawl out to the road, where you will be most likely to meet with some trav eler. I want to use the horse and buggy, otherwise I would leave them for you.” How cool he talked! He treated the matter as if it was a regular busi ness transaction. in which I fully acquiesced. He had me a fast pris oner, and I felt that he could do just as he pleased. While I was think ing, I saw the little white face be tween the rails again, but in a mo ment it faded away and its place was taken by the sunburned phiz of a farmer. He looked from me to Ra leigh and back again, and I winked to him in a way which he readily understood. His face disappeared, and I felt that I should be saved. “No, old Grip won’t get his tin to day,” mused Raleigh, storing away the bills in his pockets. “You will go back to Law & Law feeling put out and cut up. But they Shouldn’t blame you—it is not your way at all. True, had you minded your business on the cars and had not been so free with a stranger, this would not have happened; I was on my way to Mil waukee, and had no thought of such rich pickings here.” “Now, in just about a minute we’l be through with this business,” he remarked, trying to put the mouth of the flask between my jaws. I rolled my head to one side and he. did not succeed. He was jam ming the flask against my teeth, when I caught sound of a soft step, the crash of a club, and Raleigh rolled off my body. HeJ tried to leap up, but three or four farmers struck him down, and one of thO • blows render ed him senseless. Before he came to I was free of ropes and gag, and we had him nicely bound. Over beyond the pasture a farmer and his hands were raking np hay. “Little blue eyes,” only eight years old, had wandered off after straw berries, and had fortunately witnes- ed part of Raleigh’s proceedings. She had hurried hack to her father and told him that “a man was all tied up there,” and he had returned to thefence. Understanding thesitua- tion, he and his men had moved around so as to secure an advantage. Raleigh’s capture was the result. When the rascal found his senses he was terribly taken back, and he cursed enough for a.whole Flanders army. We took him back to Grafton, and when I last saw him he was on his way to the penitentiary to serve a sentence of fifteen years. The mortgage was lifted, after all, and the gift that Law & Law sent little Katie Gray kept her in dresses for many a year. How to be Handsome. Most people like to be handsome. Nobody denies the greater power which any person may have who ha3 a good face, and who attracts you by good looks, * even before a word lias been spokan. And we see all sorts of devices in men and wo men to improve their good looks— paints and washes, and all kinds of cosmetics, including a plentiful an- nointing with dirty hair oiL Now, not every one can have’good features. They are as God made them; but almost any one can look well, especially with good health. It is hard to give rules in a very short space, but in brief these will do: Keep clean—wash freely and uni versally with cool water. All the skin wants is leave to act freely, and it will take care of itself. Its thou sands of air holes must not be plug ged up. Good teeth are a help to good looks. Brush them with a soft brush, especially at night. Go to bed with the teeth clean. Of course to have white teeth it is needful to let tobacco alone. Every woman knows that. And any powder or •wash for the teeth should be very simple. Acids may whiten the teeth but they take off the enamel or in jure it. Sleep in a cool room, in pure air. No one can have a clear skin who breathes bad air. But, more than all, in order to look well—wake up the mind and soul. "When the mind is awake, the dull, sleepy look passes away from the eyes. I do not know that the brain expands, but it seems to. Think, read—not trashy novels, but books that have something in them. Talk with peo ple who know something; hear lec tures and learn by them. This is one good of A man thinks and works, and te us the result. And, if we listen, and bear, and understand, the mind and soul are worked up. H the spiritual nature- is aroused, so much the better. .We have seen a plain face really glorified by the love of God and man which shone through it. Men say they can’t afford books and sometimes they don’t even pay for their newspaper. In that case, it does them httle good, they must feel so mean while they are reading it. But men can afford what they re ally choose. If all the money spent in self-indulgence (in hurtful indul gence,) was spent in books (in self- improvement,) we should see a change. Men would grow handsome and women too. The soul would shine out through the eyes. We were not meant to be mere animals. Let ns have books and read them, and lectures and hear them, and ser mons and heed them. Decision of the Supreme Court. B. J. Wilson & Co. et aL, vs W. C. Riddle. Injunction, from Wash ington. TRIPPE, J. B. J. Wilson & Co. were the fac tors of W. C. Riddle. On May 5th, 1870, Riddle gave to Wilson & Co. his promissory note at 30 days for ninety thousand dollars, and a mort gage as security therefor on realty. The note was given, not for an exact amount of indebtedness then due, but for what might be then due and for future advances. . Wilson & Co. had made before that' time, and did afterwards, make large advances to Riddle—to an amount much lar ger than the amount of the note; but which, by cotton forwarded them by Riddle, was reduced to about $68,000 as claimed by them, on Jan uary 25th, 1871. On that day Riddle gave Wilson & Co. four other notes amounting to about $18,000, not as increasing his indebtedness then owing, but as part of the same, $68,000, and as claimed by Wilson & Co. for considerations accruing after the making of the $90,000 note. Riddle claims it was for the whole balance of his indebt edness to Wilson & Co. At the time these four smaller notes were given, Riddle gave as security for them, a mortgage on personalty for $7,000 and what are called crop liens for $11,000, jointly with Thig pen on part of said crop liens, and on another portion thereof. Previous to this, in 1868, Evans, Gardner & Co. of New York, had obtained judgement against Riddle in the Circuit Court of the United States for some $5,000, and Wilson & Co. had obtained a transfer" of the execution issued thereon to them selves, and had entered on their books, ds a charge against Riddle, the money advanced for said trans fer, and which amount is part of the $68,000 now claimed to be due by Riddle on the $90,000 note and mortgage. . On the 1st of Februrary, 1871, Wilson & Co. transfeared the $90,- 000 note and mortgage to Samuel J. Armstrong, of New York. Armstrong commenced suit on the note in the Circuit Court of the United States for the Southern Dictrict of Georgia on the 17th March, 1871. Riddle filed a bill in said Circuit Cour, pray ing, amongst other things, an injunc tion against said suit. After the hearing and overruling of a demurrer to said bill, Armstrong dismissed said common law oction. The bill is still undisposed of by any order or decree of that Court. Armstrong also commenced pro ceedings at the April term, 1871, of the Superior Court of Washington county to foreclose the mortgage of $90,000. ' To these proceedings a de fense was made, and on the 20th of January; 1872, a bill for injumction was filed to restrain Armstrong from prosecuting the same and setting up generally the faets and equities con tained in the last bill hereafter men tioned, the decision on which is here for review. B. J. Wilson A Co. foreclosed the mortgage on personalty and institu- j ted proceedings to enforce ther crop liens for the four notes constituting the $18,000, securities. This was done in November, 1871, and on February 15,1872, Riddle obtained an injunction against these proceed ings alleging sameequities and pray ing generally similar relief as asked for in his bill against Armstrong: B. J. Wilson & Co. transferred the execution, issued from the Circuit Court of the United States in favor of Evans, Gardner & Co., to one B. M. Hill, and said execution on the 23 of May, 1872, was levied no the property of Riddle, and a bill was filed by him on the 17th June, 1872, in'said Circuit Court, to enjoin a sale under that execution. On the 17th February, 1873, B. J. Wilson, as bearer, commenced an action against Riddle in the Superior Court of Washington county on the $90,000 note. All of these suits were pending on the 18th dav of March, 1873, except the suit in the Circuit Court of the United States in favor of Armstrong against Riddle on the $90,000 note which was dismissed by Armstrong and Wilson and Wilson & Co. and Armstrong claim that such dismissal carried with it the bill which Riddle had filed in said Court to enjoin it and also a supplemental or amended bill subsevuently filed by Riddle in the same Court embracing an appli cation for injunction restraining Armstrong from proceeding in the Superior Court of Washington coun ty to foreclose the $90,000 mortgage and setting up the same rights and equities as are alleged in this bill next referred to, and the dicision on which by the Court below is here for review. On the 18th of March, 1873, the present bill was presented to the Chancellor, for an injunction reciting and charging all the foregoing facts as to the various suits, etc.; that all of said evidences of the . debts and securities therefor constitute but one debt, and that debt is whatever may be due if any thing, after a full ac counting between Wilson & Co. and Riddle on the $90,000 transaction; that said amount can only be ascer- - tained from an examination of the books and accounts of Wilson & Co., embracing several hundred thou sand dollars, running through five or six years; that fraudulent charges and omissions of credits and mistakes are in said accounts; that said suits and levy are by different persons be ing all for the same debt, and being in different jurisdictions, and that •Wilson <fc Co. are the real and only creditors and owners of all the evi dences of debt, and that these facts make a case for an injunction of all the said proceedings in the State Court, and for all parties, to-wit: Samuel P. Armstrong, B. J. Wilson & Co. and B. J. Wilson, to be brought together in one suit, that the correct amount that may be due by Riddle, if any, may be ascertained, and the final rights of all parties determined. Wilson & Co. deny any fraudulent entries or omissions in their ac counts, or any mistake now existing, or that the $7,000 mortgage on per sonalty is part of the $68,000 claim ed by them to be due on tho $90,000 note and mortgage; that all of said securities are bona Jide and just, and that said sum of $68,000 is justly due by Riddle, and the rights of the parties can be asserted at law, and a resort to equity is unnecessary. The Chancellor ordered that this last bill stand as an amendment to the former bill filed against B. J. Wilson & Co., and granted the in junction prayed for until the further order of Court. The great question in the case, and the one chiefly urged in the argument, is whether this is a proper case for equity to intervene by an injunction, so as to stay the various proceedings at law in the State Court, to consoli date parties and causes and to bring this vast array of litigation to one head and by one battle close what appears to be an interminable con flict. A single statement' would serve to settle this question. Samuel J. Arm strong has a suit to foreclose the $90,000mortgage as assignee thereof. B. >. Wilson, asbearer,has brought suit on the $90,000 note. B. J. Wilson & Co. are proceeding to en force the mortgage and crop Hens for the $18,000 (the four -smaller notes). Eleven thousand of the $18,000 in admitted to be but part of the same sum claimed in the ninety thousand dollars suits. Thus there are two distinct parties claiming the same debt, each in his own suit, and a thitfd party claiming eleven thousand dollars, a part of the same debt, in another suit. It would hardly be possible for a defendant in these various actions bv different parties, to protect himself from loss, if not ruin, by any resources that were fur nished him by the common law or un der any equitable rights he may, by statute, hive at law. If each pain- tiff obtained the judgment he is seek ing, two of them would have judg ments for $68,000 each, and one for $18,000, or *$154,000 in all, when it is admitted that $68,000with interest, or $75,000—if the $7,000 mortgage is not part of the $68,000—is all that is due. It is true that the two largest of these judgments would be shown by the record to be for the same debt, one at law on the note, and one on foreclosure of- the mortgage given to secure it, and that such a case of ten occurs and is legal and proper. So it may be, when the creditor has both securities, the note and the mortgage, and a payment of either is a discharge of the ether: But where the plaintiffs are different, a defendant would hazard much if jsueh idgments were recovered against im. At’any rate where different per sons are thus, on the record, rival-, claimants for the same debt,, the debtor has the right to .bring - them*- together, and by one judgment-pro- - tect himself and ascertain who is bin real adversary. This would be diffi cult, if not impossible to be done at law, and surely in such as emergency equity will not turn a suitor asking protection, from her door. The pro ceedings on the $18,000 securities, in still another name—another claimr ant on the same debt—certainly re*- moves all doubt and makes the debt or’s demandfor equitable relief irres istible. No agency at law could: grant him as full and ample remedy as he. might require, and as equity ily conld grant him. # But besides all this, if under the equitable rights which the debtor might have at law, he could in all the separate actions by different parties against him, be heard in his defense at law as to their several rights and as to his own rights in volved in the question as to what is his true indebtedness, if any. Yet the facts in this case involving long and complicated accounts for sever al years to the amount of hundreds, of thousands of dollars to ascertain the true balance dne, the issnes made on the validity and fairness of- some of these securities, and how they are to be credited if paid or allowed, all of which would have to. be investigated in each case and most probably if not certainly, by different juries, make it a strong case “where a multiplicity of suits would render a trial difficult, expen sive and unsatisfactory at law.” Code, section 3075. One other view : A creditor has a right to enforce all the securities he holds for a debt until the debt is paid, and in this case this right is being fully asserted. Suppose on the trial at law on either of the $90,000 securities—the note or the mortgage—it should be adjudged that only the sum of $10,000 or $15,000 was due. That amount so ascertained would be the amount of the judgment on the other of those two securities. But the $18,000 se curities are respectively for $7,000 and $5,200, and two for $2,900 each. How would the judgment for $10,- 000 or $15,000 be disposed of, di-- vided and appropriated between those several smaller securities ? How much of it would be taken as part of the one or the other of the four small mortgag es and crop lien papers? The plaintiffs have assert ed their right to enforce them, and they have this right, and the right to enforce all until the debt is dis charged. But in the case put, and complainant’s bill presents the case for such a result, how can the rights of the creditors be enforced and the rights of the debtor be protected ex cept by one joint trial for all the parties and of all the issnes? The difficulties that would attend the trial of their several cases at law .would be still further complica ted on account of the levy of the Evans, Gardner & Co. execution is sued from the Circuit Court of the. United States on the property of the complainant. That execution is for a part of the debt constituting the $90,000 claim. Let the judgment of the Court be low be affirmed. Lanier & Anderson, R. L. War- then, lor plaintiffs in error. Jackson, Lawton & Basinger, and J. N. Gilmore, for defendant. tral Railroad & Banking Com pany. Assumpsit, from Wash ington. McCAY, J. When, without authority of law, a railroad company, thirty years ago, changed the public road at one of ite crossings, cut out a new road, and, at some expense, bnilded a bridge over a stream said new road crossed; and, by common consent, the old road was abandoned and the new one used by the pnblic: Held, That the .Railroad Com pany, in the absence of any contract so to do, is not hound to keep np said bridge, and the’ mere fact that the. company first built it, and that it has since, at various times repaired it (it being near one of its depots), does not make an implied contract with the county that the company will keep it in repair. Judgment affirmed. Langmade & Evans, represented by sTf. Webb, for plaintiff Jackson, Lawton & Basi L. Warthen, for defendant.