The Atlanta daily herald. (Atlanta, Ga.) 1872-1876, June 19, 1873, Image 2

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The Daily Herald THCKSDAY. JUNE 19, 1873. me IIEKALD PL'BUSBIJB CO.MPASY, AI.KY. ST. CLAIR-ABRAMS, ilEIRV W.•RADY, II. A. ALSTON, Editors and Manager*. THE TERMS of the HERALD sre ss follow! : DULY. 1 Tear »10 00 | WEEKLY. 1 Year - S3 00 DAILY. < Months. *cnptions and advertisement# 4 #vari*bly iu advance. Addraaa HERALD PUBLISHING CO., Drawer 23 Atlanta, Georgia. Jifire on Alabama Street, near Broad. TO ADVERTISERS. Tiie l»oi»a flue r Herald U larger tut ion. The lion a fide < Herald 1* inoic i tiuii of the Dally tabic that of the We nr ,i4rnl to verify Our State Exchanges. printers lately working for it, nrr,.-. . J on ac- The Savannah Morning News has hail all the e ,mit of a scurrilous circular issued denounce iug its workmen and editors in severe terms. They will be prosecnted to the extent of the law. In the meantime the News appears reg ularly, presents a line appearance, and seems to he thriving, notwithstanding the “s: ike." Eslill is a hard man to w Lip. Talbotton has subscribed S23.0O0 to tho Supreme Court Decisions. JJelivered at Atlanta, June 17, 1873. AS REPORTED BY CAPTAIN HENRY JACKSON, SUPREME COURT REPORTER. L W. Hazlehurst vs. J. H. <fc J. D. Morrison. Assumpsit, from Wayne. WARNER, C. J. The plaintiffs, as executors of George Mor rison, deceased, brought an action against the defendant on a promissory note made by the defendant, payable to the plaintiffs’ testa tor or order, for the sum of $1,136 75. The defendant filed no plea at the first term of the Court, denying that the plaintiffs were executors, or that they were not entitled to maintain ibeir action against him in that ca pacity. When plaintiffs sue in their repre sentative capacity on a note due to their testator or intestate, and there is no plea in abatement filed at the first term of the Court, by the defendant, the plaintiffs are not required, at the trial term of the Court, to prove that they have been legally appointed executors or administrators. It would be otherwise if the letters testamentary or of administration constituted a part of the plaintiffs’ title to the property sued for. Macon and Western Railroad Company vs. Davis, 14tb Georgia Reports, 679. Let the judgment of the Court below be affirmed. Smith A Mershon, represented by Lester k Thomas, for plaintiff in error. J. S. Wiggins, represented by Z. D. Harri son, for defendants. Susan A. Clinch, et id., vs. Ferrill, Weslow, et al. Injunction, from Camden. WARNER, C. J. This was a bill filed by the complainants against the defendants praying for an injunc tion to restrain the sale of the corpus of cer tain trust property set forth in the bill. The presiding Judge refused to grant the injunc tion, and the complainants accepted. It ap- North and South Railroad, and that enter- pear^ in the record that Hopkins devised cer- prise is being shoved ahead. The Governor j tain lands to Bessent and Lang, in trust, for has indorsed their bonds to the extent of * u ' $12,000 a mile. A colored fire company iu Columbus bought an engiue with the picture of the former white foreman painted-on it. The Caueasion color sickened them to such an extent that they painted the picture black, as they conld not remove it. The Rome Firemen have called a conven tion of all the Firemen in the State to form a Firemen’s Association, for the purpose of “el evating the profession,” we snppose. They call for a meeting of delegates in Rome in next September. It is a good moveimnt and should be shoved ahead. The Monroe Advertiser says that 5*49,703 worth of guano and $374,492 worth of pro visions have been sold in Forsyth since Janu- the use of his dauehter Susan during her life, and after her death to and for the use and benefit of the issue of her body. Susan in termarried with Clinch,'and bis five minor children who, with their mother, are the complainants. It also appears that Ferrell and Weslow, in the year 1869, instituted suit m the Superior Court of Camden county, against the trustees of Mrs. Clinch for the sum of $1,748 86, alleged to have been for advances made by them to Mrs. Clinch, one of the cestui que trusts, with the assent of the defendants, for the use of the plantation be longing to her, and for the support of her children, and for the purchase of work ani mals employed in the cultivation of said plantation. On the 11th of November, 1869, a general judgment was entered up against the defendants for the sum sued for with in terest and costs, without specifying in the judgment the property out of which the money was to be made. An execution has been ary 1st, and that $18,300 worth of whisky has j issned on the judgment ^and levied by^ the been consumed in the county since the rant "" date. The Brunswick Lumber Trade - Heavy Increase. Under this hi ad the. Appeal says: As an evidence cf the wonderful increase of ibis trade in our city, we submit Il.e follow ing comparative statements of the lumber shipments during the months of March, April and May of the years 18/2 and 18/J— the figures being furnished us by the clever and accommodating Collector of Customs of the District of Brunswick. Without com menting at length on this wonderful in crease of solid and legitimate business, we confidently express the opinion that another twelve months w ill show even a greater increase in this business Ilian was sho*n during the past three mouths. But to the facts and figures as they appear: During ‘ -- ~ ‘872, shipped 1,486,347 feet foreign, 3,110,000 coastwise, making a total of 4,596,317 feet. During the three same months ending May 81, 1873, there was shipped 5,085,451 feet foreign, and 4.876, 0000 le:t coastwise, mak ing a total of 9,911,454 L.et. Tbt-se figures show an increase of 5,315,107 feet or owr one hundred aud twenty per cent. All branches of trade in the city lias experienced the bene fit of this magnificent increase of solid busi ness, and developed in equal ratio. We are confident that our port will ship during tho is a part of the true estate. The execution is not set forth in the record, but we presume that it follows the judgment. The object of the complainant’s bill is to restrain the sale of the corpus of the trust estate under the exe cution issued upon this general judgment obtained against the trustees. The claim of the plaintiffs to authorize a sale of the trust estate, must have beeu for articles or property, or money, furnished for the use of the trust estate, aud the judgment should have specified the trust property to be bound for the payment of it, so that the execution might have followed the judgment in that respect. The cestui que trusts were not par ties defendant to tbe execution, and could not have filed an affidavit of illegality. Making advances for the use and benefit of a hoist estate, is one thing. Making advances for the use and benefit of those who are ea ring, or cultivating a trust estate, is quit< different matter, which those who make advances, will do well to remember. (See Satte-iwhite vs. Beall, Stewart & Ansley, 24th Georgia report, 525.) In view of the facts alleged in the complainants’ bill, it was error in the presiding Judge in not granting the injunction prayed for. Let the judgment of the Court below be reversed. Smith & Mershon; Harris k Davenport; Lester & Thompson, for plaintiffs in error. A. J. Bessent; J. C. Nichols, represented by Z. D. Harrison, for defendants. 1873 Irom forty lo fifty million foot ofj j ohn ' Savage vs. E. It. Smythe, et nl., Trover, manufactured lumber. The Columbus Sun of Saturday has the fjllowing items: Postal Cards. - Fifteen thousand wi re re ceived at the Columbus post-office Wednes day, aud up to last evening, three days, eight thousand had been sold. They are going rapidly, and will sell much more speedily iu the fall. Two of our warehouse firms ha\e eich ordered fi teen thousand for the fail trad*. En Route to the Albany Penitentiary. On the Western train at Opelika, yesterday, Mr. Randolph d of ilhcit t’onrt ru M t gl.OUft . The large, fine-looking y, who was lately tii.ing in the I'nited •aery, and sentenced 1 < no year’s imprisoc- ) penitentiary. iriffin >* vs vs: “Onr city was ud horror stricken on yesterday morning at the announcement that Joseph G. Sears, Esq., had beeu run over by the train down at the depot, and the rush to that point was immense. The particulars of this terri ble affair are about these: Mr. Sears being the conductor on the freight train, stepped in be tween two cars, for the purpose cf uncoupling them, when the train com menced backing, and he walked along bolding to the bumper, when by some means the brake or axle caught his foot drawing him down and running up on bis person. In this condition he was dragged a few feet, when the train was stopped and then pulled down so as to relieve him. On being taken out his body was found to be terribly bruised, a large wound in his back, and his face badly hurt, fie was taken into the room at the lower end of the d pot, and medical attention called in. It was found that bis spine and right side were fearfully injured, and at seventeen minutes past twelve he died, or within two hours after he was injured. He spoke only once or twice after he was taken up, and then only a request to raise him up. The Walworth Murder. THE PARRICIDE PLEADS NOT GUILTY - HE IS TO I BE TRIED IMMEDIATELY. Frank H. Walworth was arraigned in the Oyer and Terminer yesterday on tLe charge of killing his father, Mansfield Tracy Walworth. The boy’s appearance is nnprepossing. His cheek bones are high, and he looks more like a plough boy than a law student. The prisoner was attended by his counsel, Messrs. A. Beach and ex-Judge Garvin. District Attorney Phelps moved his arraign ment The Clerk directed the prisoner to stand, and asked whether he pleaded guilty or not guilty to the indictment and demanded a trial? Young Walworth rose, twirling his soft felt hat in his band, and answering the last part of the Clerk’s query, said, “Yes, sir.” Judgo Garvin (rising)—He pleads not guilty.. The District Attorney said that he was ready to proceed with the trial. Judge Ingraham inquired what day bo de- B’red set down? Mr. Phelps answered that Monday week would suit him. Judge Ingraham said that Judge Davis wished, if any day were set down, that it be for next week. Ex-Judge Garvin nrgffd that Monday two weeks would L»e as soon as the defense co nld get ready, that their witnesses were in a dis tant part of the State. Mr. Beach also said that it would be unfair in the counsel for the defense to consent lo go to trial with any less than two weeks pre paration. Judge Ingraham said he would not set down any day after next week, not knowing what Judge Davis (who was holding the term) de sired to do. It was then agreed that the day of trial should pe arranged between counsel aud Judge Davis to-day. Was ever the mania for ad captarulum titles curried to more absurd lengths than in the lie “girl book” literature ot the day? “We •• “Oar Girls,” “The Other Girls,’* 21d Fashioned Girls,” “ One Poor ©ly a Girl,” “The Rescued Girl,” aooessful Girls,” and “The Girl He are a few of this ridiculous swarm ^romantic titles. Aud now we are the “Ugly Girl Papers” on cosmetics, which have adorned Harper’s Bazar* done np in a book. VUtni let pttiles fillet from Chatham. WARNER, C. J. The plaintiff brought his action of trover against the defendants to recover the value of seventeen shares of Southwestern Railroad l&tock, which the plaintiff alleged the defend ants bad converted to their own use. On the trial of the case the jury found a verdict for the plaintiff for the sum of $1,819. A mo tion was made by the defendants for a new trial, which was granted by the Court, and the plaintiff excepted. It appears from the evidence in the record that the defendants were partners, doing business in the name of E. D. Smylhe & Co.; that the plaintiff agreed to loan them the seventeen shares of stock for the purpose of raising money for the benefit of the firm. Plaintiff and Butler, one of the partners, who was the son-in-law of the plaintiff, applied to Palmer & Deppish for a loan of money, who were willing to make if, provided the plaintiff would transfer the title of the stock to them to secure the payment of the money, which was done on the books of the railroad company. When the money borrowed from Palmer & Deppish became due, another loan was negotiated with Wallace, Camming k Co. to pay it; there upon, Palmer & Deppish transferred the stock on the books of the company to the de fendants, who transferred it to Wallace, Cam ming k Co., they holding the title to the stock as security for the money advanced by them. This was all done with the knowl edge and consent of the plaintiff, who stated that the loan of the stock was to be returned to him upon his demand. When the firm of E. D. Smythe k Co. was dissolved, the plain tiff made a demand of his stock from the dc- lendants, but conld not get it. Smythe said he would return it only w hen he got ready. The money ($1,500) advanced by Wallace, Camming k Co. to the defendants, for the security of which the title to the stock was transferred to them by the consent of the plaintiff, has not been paid, and the question iu the case is, whether the plaintiff can main tain an action of trover against the defend ants for a wrongful conversion of the stock on the statement of facts disclosed by the record. According to my individaal judg ment he cannot. Trover may be maintained when one has in his possession the personal goods of another, or has sold them, or used them without the consent of the owner, and refuses to deliver them when demanded. The defendants did not have the possession of the railroad stock when the plaintiff demanded it of them, but it was in the possession of Wallace Camming A Co., where it had been placed by the defendants, with the plaintiff’s consent. They had not made any unauthor ized use of the stock against the plaintiff’s consent, which in law would amouut to a conversion of it. Mere nonfeasance is not a conversion, as if one employed to sell goods has neglected to sell them, or where one promises to pay money to redeem stock and does not do it. All that can be said in this case is that the defendants by their mere nonfeasance, have failed to pay the debt due by them to Wallace Cumming A Co., to secure the payment of which the stock was trans ferred to them by the plaintiff’s consent, and which they had the right to retain as against the defendants and plaintiff, until their debt was paid. The demand of the stock by the plaintiff of the defendants, when they did not have the possession of it and when he knew that they did not have the possession of it and when he did not have a right to the immediate possession of it, did not change the legal aspect of the case, in my judgment, so far as the question of the conversion of the stock by the defendants is concerned. But the majority of the Coort are of the opinion that if it had been shown by the evidence in the record, that at the time of the plaintiff’s demand of the stock or at the time of the commencement of this action, the debt of the defendants to Waliace Camming & Co., had become doe, and for the payment of which the stock was pledged with the plaintiffs’ con sent, the refusal or omission of the defend ants to pay that debt, and redeem the stock on demand of the plaintiff, would hare been such a conversion of it as would authorize the plaintiff to maintain trover for it* recov ery, or the value thereof. Inasmuch, how ever, os the evidence io the record does not show whether the debt of the defendants Wallace Cumming k Co., was due at the time the plaintiffs’ demand of the stock was made, we all concur in affirming the judgment of the Court below in granting the new trial. Let the judgment of the Court below be affirmed. George A. Mercer, represented by Henry B. Tompkins, for plaintiff in error. Hartndge k Chisolm, Harden k Levy, for defendants. McCay, J., having been of counsel did not preside in the following case: E. W. Seabrook, administrator, vs. Wright Brady, administrator. New trial, from Dougherty. WARNER, C. J. This was a bill filed by the complainant as administrator de bonis non of Barton J. Dennard, deceased, against the defendants to set aside a sheriff’s sale of ceitain described lands on the alleged ground of fraud, and to recover the possession thereof for the purpose of administering the same for tho bouefit of tho creditors of his intestn'e. Oa the trial of the case, the jury under the charge of the Court found a verdict for the defendants. A motion was made for a new trial on the sev eral grounds set forth therein, which was granted by the Court, and the defendants ex cepted. It appears from the evidence in tho record, that in tho year 1851, William Den nard, the father of tho complainant’s intes tate, died, leaving a widow, Jane Dennard, and two children, Burton T. aud Jnlia, the latter having intermarried with one William M. Brady. William Dennard, at the time of his death, left a will by which he devised one- half of the land in controversy to his wife Jane, together with other property, and the other half of the land, together with other proper y to his son Burton, giving to his daughter Julia, only fifty dollars as her full share of liis estate. Julia and her husband Brady, entered a caveat to the will, aud dur ing the pendency thereof in Court, a compro mise was made between Brady and wife, and the other parties claiming under the will, whereby it was stipulated that the caveat should be withdrawn, and in consideration thereof, that Jane, the widow of the testator, should receive the property devised and be queathed to her by the will, and Burton T. agreed that out of the residue of the estate to which he was entitled under the will, that he would convey to Wm. M. Brady in'trust for his wife Julia, an amouut equal to one-tbird of the whole estate of which Wm. Dennard, deceased, owned and possessed, so soon as he should arrive at the age of twenty-one years, and executed a bond with security in the sum of $15,000 for the faithful performance of the agreement. This conveyance was never exe cuted by Burton T., but after he became of age he and Brady purchased the widow’s one- hall interest in "the land, and went into the possession of it, and remained there together until the death of Burton T., in 1853, when William M. Brady took out letters of admin istration on his estate, and held the possession of the property of Burton T., as his adminis trator, including three-fourths of the land in controversy, when he sold the same in Octo ber, 1856, to the defendant Dawson. William M. Brady died in January, 1857. The deed from Brady to Dawson is dated 10th October, 1856, and was executed in Dougherty county. A relinquishment of Mrs. Julia Brady’s interest in the land conveyed to Dawson by ber husband, whether as dower or otherwise, purports to have been exe cuted by her on the 30th of December, 1856, in the county of Sumter, and witnessed by Mr. Raraldson, Clerk of Superior Court. Since the death of Brady, his widow, Julia, has intermarried with Wilcher, and was ex amined as a witness on the trial, and stated that she did not know the contents of the paper signed by her on the 30th of Decem ber, 1856, and was caused to sign it by fear of her husband, Wm. M. Brady. The fraud alleged in the sheriff’s sale is that the defend ant and his attorneys made representations at the sale to prevent bidders as charged and set forth in the bill and substantially ad mitted in the answer, whereby the defendant purchased the land for $20 00. Some of the questions involved in this case have been before this Court on two former occasions, between different parties, and have been ad judicated. See Johnson, et al. vs. Brady, ad ministrator, de bonis non, 24th Go. Hep., 131. Crawford et al. vs. Brady, administrator, de bonis non, 35th Ga. liop., 184. This Court has decided that Mrs. Brady, now Mrs. Wilcher (the claim of Jerry Cowles be ing out of the way) has the highest claim under the agreement of compromise to be paid out of the property of her father’s estate which came into the hand > of her deceased brother. In other words, that her claim to be paid the one-third of the whole estate of her deceased father, constituted a charge upon that estate iu the hands of her deceased brother of the highest character, aud that it survived to her on the death of her husband. The property of Wm. Dennard, which went into the hands of Burton T. under his will, bound under the decision of this Court for the payment of that debt or charge, ar.d the lmd in controversy being a part of that prop erty, the heirs of Burton T. took it subject to that debt, or charge, which the judgment of the Court declared was fastened upon it. and a purchaser of that property from the heirs or by her husband, before her debt was paid, she stood with the same right as all other creditors, the right to subject all the property of her debtor to due administration and pay ment of debts. I have said, if there had been no debts against the estate of Burton T. Dennard, William M. Brady’s sale, without the rejoin der of his wife, would have been good, ex cept as to her right of dower, which is not iu question here. He was the husband of Juliet M. Brady, the sole heir of Burtou T. Den nard, and a sale by him would have been tho assettion of his marital rignts to the property. Alter such a sale an administrator of Burton T. could not recover from this purchaser un less ho showed on the trial “that it was nec essary for him to have provision for the pur pose of paying the debts.” Code, section 2450. And the condition being that there were no debts, and no necessity “ for making a proper distribution,” he conld not recover. If there be debts, then it is clear the adminis trator could recover. In this case the administrator charges that there are debts. He does not specify any in his bill, not even the claim of Mrs. Wilcher, and further shows he was aware of the pur chase of the defendant from M. W. Brady, the husband. No point was made of this omission to set out the debts which bill, even if the receiver had been appointed, and had possession of the effects of the Com pany, under the order of the Court. Judgment affirmed. O. A. Locbrano for plaintiff in error. Hines & Hobbs; Lanier & Anderson, for defendant. Lyon, McLendon k Co. vs. Henry Clews & Co. Equity, from Glynn. McCAY, J. Where, during the progress of a cause iu equity, there was a reference of accounts to a master who reported, and his report was ex cepted to, on matters of fact and of law, and before any final action on the exceptions, the Judge permitted one of the parties to with draw his account and substitute another. Held, That this was a mere interlocutory order, aud not such a judgment as can be brought to this Court betore a final judgment in the cause. Hines it Hobbs, Lanier & Anderson, for plaintiffs in error. O. A. Locbrane, for defendants. J. I. Whitaker, for the use, etc., vs. John D. Dope. Assumpsit, fiom Fulton. McCAY. J. Where an action was brought by A. for the | use of B. agiiust C., aud it appeared on the j ATLANTA PAPER MILLS, A tlanta paper mills—j as. ormond pbo- pbietob. For “News,” wo refer to thia istiue ol this paper. APOTHECARIES. ( TOLLIER ~k VENABLE, Wholesale and retail Drug- j gists and Prescriptionists, corner Peachtree aud Decatur streets. C 'l EO. J. HOWARD, successor to Howard A McKay. T Wholesale and Retail Druggist, at the Old Stand, Peachtree street. AGRICULTURAL WAREHOUSES. T HEN WILSON A GO., Brood street, next door to • the bridge, makes advances to planters. A full lino of Agricultural Implements, Publish! rs of the Rural Southerner. M ARK W. JOHNSON, Dealer in Agricultural Im plements, Seeds, Guano, etc. Advances made to planters Marietta street. J. N t AUCTIONEERS. WILLIAMS. Acutioneer an Merchant, Marietta street, u--ar 1 made on consignment*. BAG JIAMFACIOUY. J 1 A 1 Peachtree and Wheat streets. GUNS. PISTOLS, Etc. I EWIS H. CLARKK, Dealer J Hats, Caps, Furs, etc., N«i Whitehall street. HARDWARE AND CUTLERY. FAINTS, OILS, GLASS, ETC. J NO. T. HAGAN A CO., Wholesale Dealers iu Burn- ing Oils, Lamps, and Fancy Groceries, 114 White hall street, Atlanta, Ga. SICS AND FRESCO PAINT1NC. W M. MACKIE can l»« found #t bis old sti where orders will 1>* attended to. Krnos/ Bro. can he found at the office of the above. G, necessary to pay,” nor the creditors, nor was j fac8 of tlil > declaration that "the suit was I ITtLSAS, MAY k CO.. Deii.r. mud Mi any objection made on the tnal to the evi- brought for th e use of B. and C. neknowl- I i'aptf andCotton Bags,Twine, Rope, Old Metals, j .U-* edged service and waved a copy of the decla- deucc that Mrs. Wilcher was a creditor. There was no proof of any other debts. The defendant sought by his answer and proof, to show that Mrs. Wilcher was not a creditor, who could have her debt enforced against the propertj bought by him from her husband, and also at Sheriff’s sale; that she had joined her husband in the conveyance; that her debt should be credited or paid with certain money alleged to be in the administrator’s hands received fiom the defendant; and that to allow a recovery for ber benefit would be to permit her to commit a fraud on him, etc. Thus the whole contest was made to turn on the question whether Mrs. Wilcher could en force her claim or debt ou this land, and this, too, when she was not a party. In my opinion, no decree that she has no legal right lo enforce her iudgmeut, if she has a judgment, or should obtain one, against the property, or that tho administrator r Pryor an«l Mitchell str< ets. Atlanta. Ga. ration before the writ was tiled Held, That the acknowledgment of ser vice and waiver of copy, so charges C. with notice of the equitable rights oi B. that he cannot afterwards, before the writ is actually filed, buy tip a debt against A. aud plead it as an offset unless he iu some way affirmative ly make it appear that wLe i he did so ac knowledge service, he did not know the suit was for the use of B. A mere general state ment that when he bought the offset he did not know of the transfer to B. is insufficient. 2d. A set off is a cross action; a debt can not be pleaded as a set oft' if there be at the time a suit pending against the plaintiff for the same debt, in favor of one who was at the bringing of said suit the true owner of said set oft’. Judgment reversed. L. E. Bleckley, represented by N. J. Ham- BOOKSELLERS AND STATIONERS. Kellers, Stationers ami Pi* cannot administer it for her payment, could I m01 ^ ‘ for plaintiff in error. bind her, unless she be a party to that de cree; aud therefore no attack on her right as a creditor of Burton T. Dennaul ought to be allowed until she be made a party. This tho defendant could do by a cross-bill, and then every question touching every equity jdf all the parties could be finally adjusted, the amounts that may be due creditors ascertained, and their priorities, aud if this land be held liable, and is more than suf ficient to pay the debts, a proper disposition of the surplus can be made, and if equitable paid over to defendant. For, under the view I have taken, as it can only be recovered from the defendant to pay debts —if there be a sur plus—it should go to him. Iu a case so made the question could be raised as to defendant’s rights on account of the mortgage money No appearance for defendant. James It. Sheldon vs. The Southern Express Company. Complaint, from Chatham. TRIPPE, J. 1. Where A. is indebted to B., aud trans fers to him as collateral security a receipt given to A. for a note for collection, it being for a larger amouut tban A.’s debt to B.; and the bailee who has the note for collection, with knowledge of the transfer and consent ing thereto, permits it to go into the posses sion of A., who collects it aud pays B. a por tion of his debt, the measure of damages in an action of trover by B. against the bailee, is the unpaid poitiou of B.’s debt from A. As B. would not be liable over to A. for any BUSINESS COLLEGES. address B. F. Moore, A.M. E ASTMAN’S ATLANTA BUSINESS COLLEGE,' Detwiler A Mapee, Managers. Corner Line and Peachtree streets. Three hundred Graduates now iu position. BANKS. JJANK OF THE STATE OF GEORGIA—F. M. Co Europe, in sums to suit. O* Agents for the Inman and Cunard Steamship Lines, saf“ First class aud steerage tickets at lowest G Money to loan. rjpUE DOLLAR M. ALEXANDER A ( PUGS. M. CLARKE A GrjM® leu \vv SEAL ESI ATE M ! W. ADAIR, W i-EWINO HU illAL UO ICE HOUSES. H. JEWELRY, SILVER WARE. ( T ROUGE SHARPE, Ji; . Agent. Dealer iu Fine Jew- X «iry and Sterling Silver Ware, Parlor Jewelrv Store, Republic Block, np stairs, opposite Kimball LAW SHE, Wavhes, Clo.-k», Jewelry, aud Silver Agent for tL-: Arundel Pebble Spectacles. 60 Whit* hall street. TjlR LA Hi Wart Juo. T. Grant, president; Perino Brown, cash’: J NO. H. JAMES, Banker, James’ Block. 1 James M. Ball, President. W. W. Clayton, Cash paid to Ireue Dennard, and the money paid Lis clailn for lWges is limited to by L.m to the admmrstrator on he P )r rc has e L he om ’ ount of his special property iu tbe from W. M. Brady. Also the farther ques- j no ^ e r r r tion presented in the record, as to the compe tency of Mrs. Wilcher as a witness to im- \ peach her contract or conveyance when the other party is dead. The question may be asked, how can a de fendant iu such a case show that there are no creditors, or that any particular person has no valid debt—not knowing who the creditors are, or who that particular cred itor is. Where au administrator, under the provis ions of the code, which is but a statutory affirmance of a principle existing long before the Code, sues to recover lands from a pur chaser holding under the heir at law, and seeks to avoid that sale on account of the “necessity to pay debts,” it is my opinion it is not only “necessary for him to show on the trial that it is necessary to pay debts,” but he should set forth the debts and the creditors iu his bill, in order that the defendant—the pur chaser—may be put on notice as the facts on which his property is sought to be con demned. If it can be taken from him for that purpose and no other, and is to be ad judged liable to pay a debt, he should have notice of what is attempted to be as serted against him. Any other rule would work manifest injustice—would disable heirs at law' from ever availing themselves of their right to possess, or sell, or subject themselves or the purchasers from them, to the danger of a recovery, on the ground of some unjust or illegal claim or debt, of which they would have no notice until the trial. If notice be given, as to who are the creditors, provided there be any, and the heirs or those holding under them, have just cause of defense against illegal or fraudulent claims, they would then 2. On the trial it was competent for the bailee to prove that when he was notified by A. and B., who were together, of the transfer, he w’as not informed that it was made as collateral security, but on the contrary it was , stated by A. that the transfer was made only that the money might be paid to B. in the event that A. was absent, as he expected to bo absent, provided B. was present when such a statement was made. 3. Under the facts as they appear iu the record, it would have been proper to have sub mitted the question to the jury whether B. was present at the time A. made the state ment to the bailee's agent. Judgment affirmed. George A. Mercer, Henry B. Tompkins, for plaintiff' iu error. Law% Lovell & Falligaot, E. R. Carr, for defendant in error. Charlotte Roe vs. J. C. Muuud. Complaint from Appling. TRIPPE, J. When there are two deeds executed at dif ferent times by the same vendor to different veuilee*, and Doth arc recorded, lint noith«r of them within twelve months from its exe- j cation, the oldest deed has priority over the ' one subsequently executed. 2. Under the evidence iu this case the Court below r should have granted a new trial. Judgment reversed. W. B. Gaulden, by brief, for plaintiff’s in error. J. C. Nichols, represented by Z. 1). Harri son, lor defendant. i Depository. A. Austell, President BOOTS AND SHOES. Boot# and Shoes, Leather and Shoe Findings, Sign of the Golden Boot, 39 Peachtree street, Atlanta, Georgia. CARPETS, MATTINGS, ETC. INSURANCE ACENTS. ¥ E. GODFREY & J*ON, General Agents ht. Louie 91 • Mutual Life Insurance, and Royal of Liverpool, Fire. Office 56 Whitehall street. Agents wanted. J GADSDEN KING, General Agent, Fire, Marine c and Life. London and Lancashire Fire. Vir ginia, Fire and Marine. Cotton States Life. Broad street Atlanta, Ga. TLANTA DEPARTMENT LIFE ASSOClATr ( of America. Officers—T. L. Langston, P i dent; C. L. Redwine, Vice-President; J. H. Mor g Secretary; General L. J. Gartreil. Attorney; Wil li G. Drake, Medical Examiner. Broad street, co i n Alabama. P. O. Box 276. W. THOMAS, General Agent of Life Association L'UINF r Broad aud Marietta Sts. machine company. rilHE SINGER DROP-LEAF SEWING MACHINE. machines ss old Ehas Howe \ R. T. Simlie Agent AGENCY, « eots. As good i SALOONS. ¥ OHS W. KIMBRO. Turf Exc Usage, No. o sirr • — ••• !().: Bourbon Whisky. c-tta street, tbe very be-ft W P. PATILLO. No. G Kimball House. Agent for • .Etna Slid Ilioenix of Hartford, Franklin ot Philadelphia, and Southern Mutual. Athens. W 1 ¥ T gia of Rcpublii Republic Block. Life Insurant** W M. J. MAGILL,Superintendent Agencies Cotton States Life Insurance Co., No. 6 Kimball House. Residence McDonough street, corner Fulton. J B. DAVE Jm Burglar S 1 C 1 STOVE AND tlOUS.FURNISHING GOODS. UNDERTAKERS. CARRIAGE MANUFACTORY. A. Car FINNEY, Manufacturer of and dealer Carriages, Buggies, Wagons, Sewing Machine I to the collection of claims, aud all busme nagons, Ac. Send for Price List. Broadstrcct, just ; attended to. beyond the Bridge. J OHN A. W IMI’Y, Attorney-at-Law, Atlanta, Georgia. Practices in all tlve courts. Special attention given promptly W’agons and Buggies, Decatur street. J. FORD, Carriage , and Pryor streets. COMMISSION MERCHANTS. Pryor and Hunter Streets, acceptance, made on goods i ding accompany Drafts. kinds of Produce, turus made promptly. J AWRENCE A; ATKINSON, Gro Mid 4 Merchants. Peachtree Street, Atlauta, < Consignments solicited. V K. SEAGO, Wholesale Grocer aud % mission Merchant, i •syxh aud Mitchell 1 of Burton T., unadministered, stand in no ! { iave Qje opportunity to bo heard, and of pro better condition than his heirs would have their rights. done. It is true the title to land descends to and vests in the heirs of the decedent, subject to The administrator cannot complain of this, nor can any bona fide creditor, when such a vests in mo neirs ui me buuicui n; .. «r. » • be divested for the payment of the debt of the | Proceeding is necessarj. \Y hen the light is deceased by a dne conr.se of administration ; 8 lve “ administrator to hie a bill to according to law. Three-fourths of tho land marshal assets, which is for his own P™!eel which the defendant purchased from Brady tion olid safeti, this very duly lb required o was the property of Burton T. Dennard, at the time of bis death, and never has been administered, so far as the record shows. But, on the contrary, the defendant admits in his answer, “that he believes it to bo true, that Wm. D. Brady, as administrator, did not administer upon said plantation, aud the reason why he did not do so was because the said Wm. M. Brady claimed the same as his own property.” The complainant, as the ad ministrator de bonis non, of Burton T. Den nard, is entitled to recover his three-fourths interest in said laud at the time of his death, for the purpose of administering the same, provided it shall be satisfactorily shown that it is necessary to do so for the payment of the debts of his intestate, including the debt due by him to Mrs. Wilcher, which this Court has decided i» a trust clai)>i of the high est character, and chargeable on his estate un der the agreement of compromise before men tioned. In order to defeat the payment of Mrs. Wilcher’s claim out of the land or the proceeds thereof, on the ground that she re linquished all her interest in it, it must be shown that sho did so freely and voluntarily in the manner prescribed by law at the time the relinquishment was made. The second section ot the Act of 1760 provides the man ner in which feme coverts may relinquish their rights to land conveyed by their hus bands.—Cobb’s Digest, 161. There was only one witness to the deed of Mrs. Brady, relin quishing her title and interest in the land, whereas the law required two. In this suit between the administrator, de bonis non, of Dennard, aud the defendants, Mrs. Wilcher was a competent witness, and it was compe tent for her to testify as to tho acts aud de clarations of her husband at tbe time the deed was signed, there was no confidential communications revealed which the law pro hibit*. The charge of the Court to the jury, in view of the real questions involved, was so confused and unsatisfactory that it was calculated to mislead them. In view of the facts contained in the record, we affirm the judgment of the Court below iu granting the new trial. Let the judgment of the court below bel affirmed. Hines & Hobbs, Yoson «L Davis, L. 1\ D. Warren, for plaintiff in error. W. A. Hawkins for defendant. TRIPPE, J., concurring. The contract or ngreerneut made at tin time the caveat to the will of William Den nard was withdrawn, doubtless was i.i the language of this Court in 35th Ga., 1901 “an obligation for a conveyance which a Court of Equity will enforce.” This is true| and it could have been enforced against Bar ton T. Dennard, or against his represeuta tive. It may further bo true, as remarked by Judge McDonald, in 24th Ga., 135, that after the payment of a certain debt against the estate of William Dennard, “if a judg ment should be obtained, Mrs. Brady, now Wilcher, has the highest claim under the agreement of compromise. That agreement was never executed, and she has a right to demand its exec a tion before tho property can be appropriated to tho debts against her de ceased brother. ” I shall not contest the truth of this last proposition. It was made in a case where there was a contract as to her priority over other creditors. But I cannot think that the Judge or the Court in either of these cases meant that Mrs. Wilcher had such a lien on, or legal or equitable right to, or interest in, any portion of Burton T. Dennnrd’s property * by virtue of that con tract, as to be good against a bona fide pur chaser Irom Burton T., or under a judg ment against him or his estate. It was an equity in her that was not good against lo- g al rights or lilies derived from or through im, unless the holders thereof were affected by notice. As to all such persons, and even as against a purchase from her husband, Wil liam M. Brady, without notice, for be under the law as it then was, had tho right to sell her interest as heir, if there were no debts, she was simply a creditor-a creditor it is true with a certain priority- but with no such charge on the property or title to it, as # to pre vent a bona fide sale by him, or by the*sheriff s. Wm. M. Anderson, ad- Trover, fiom Pulaski. | |ery duty is required of him, aud he must make the creditors parties. IWheu he proceeds against the heirs at law, claimants under them, wnich may be also for his protection and benefit, he should uot be allowed an unconsciable advantage. No objection was made on this trial to the evidence, that Mrs. Wilcher was a creditor ol Burton T. Dennard, aud the defendant had Ino right to raise the questions that were set up against her claim as a creditor, unless she had been a party. His permitting the proof, without objection, was equivalent to a waiver of the necessity of her claim being set forth in the bill, and he was bound by it as much as if it had been so set forth. Ilad he made such objection the complainant could have amended his bill. No such objection being made, and Mrs. Wilcher not being a party so as to be able to object to the attack on her claim or debt, or to defend the same, the de fendant could not have demanded a decree founded on the fraud or invalidity of her claim as a creditor. I therefore concur iu affirming the judg ment granting a new trial. M. DeLagal vs. W. J. Wallace, administr itor. Forcible entry aud certiorari; from McIn tosh. McCAY, J. A warrant for forcible entry only, which shows upon the face that the entry was more than three years before the issuing of the warrant, and which contains no allegation or charge of forcible detainer, is demurrable as insufficient in law, and should be dismissed on motion, since the statute in terms provides that in no case shall tho person in possession be turned out, if he has been three years in peaceable possession of the premises. Judgmeut reversed. W. B. Gaulden, George S. Thomas, for plaintiffs in error. No appearance for defendant. Atlantic and Gulf Railroad Company vs. Thomas Fuller. Trespass and demurrer, from Pierce. McCAY, J. 1. Since 1st of January, 1863, nuder section 2960 of our Revised Code, the owner of land may maintain an action for a trespass there upon, even though lie have not actual posses sion of the same. 2. Au action of trespass entire Wum.huh \freyit which sets forth that the defendant had, without authority of law and without consent of the plaintiff, boilt a railroad upon the plaintiffs land, and had used and occupied it lor a right of way siuco 1858 (more than seven years) is not demurrable, on tho grouud that on its face it shows the plaintiffs right to be barred by tho statute of limitations. 3. The owner of land taken by a railioad company for right of way, is not debarred of Ins action for trespass, because the charter authorizes tho company, in a particular way, to so appropriate the land, unless tho com pany havo pursued tbe mode pointed out, and thus acquired the legal right. Judgment affirmed. J. C. Nichols, represented by Z 1>. Harri son, for plaintiff in error. No appearauco for defendant. Brunswick and Albany Railroad vs. R. B. Bullock, Governor. Equity, dismissal, from Glynn. M( CAY, J. When the Governor of this Slate, with, other creditors of the Brunswick A- Albany Railroad Company filed a creditor’s bill against tho Company, alleging that tho Com pany was insolvent, and praying the appoint ment of a roceiver, tho lull charging that the Htato of Georgia was interested in tho assets, in bo far as that it was stated that certain bonds of tho Company were in circulation, purporting to have upon them the Htate’s indorsement, and praying, on the part of the Stale, that the receiver might be appointed and tbe property preserved until the liability of the State should be ascertained: Held, that the Legislature having, by law, declared that the indorsement of tho bonds was illegal and void, it was an error in the Chancellor, on motion of tho Governor, to dismiss the State ah a party plaiinlffto the Loyd G. Bowers ministrator. TRIPPE, J. In a parol contract by au agent for the purchu.se of ninety-two bales of cotton then packed aud pointed out, at a stated price per pound, estimating the bales at 500 pouuds each, subject to correction on weighing; it was also verbally agreed that the seller should haul the cotton to a certain place tor the buyer; that if it was burned it should be the loss of the buyer; that the agent need uot pay the money, but hold it for the buyer to check on as he might want it, aad no act waft done by either party as to payment or delivery, and the seller afterwards refused to deliver the cotton, and the a^ent returned the money to his principal. Held, That this did not make a case of ac tual receipt by the buyer, or of payment, as re quired by the 17th section of the Statute of Frauds, so as to render the seller liable in an action of trover for the cotton. No merely verbal stipulations iu the con tract, and part of the contract, are sufficient to to take it out of the statute. Judgment affirmed. S. Hall, Hansell A Ilansell, C. C. lvibbee, Jackson, Nisbet A Bacon, for plaintiff in error. Lanier A Andersou for defeudaut. APPLICATION FOR CHARTER GEORGIA, FULTON COUNTY. To the Hon. John L. Hopkins, Judge of the Supe rior Court iu said State and County : The petition of John B. Gordon, A. H. Colquitt, II. T. Coffee, S. B. Buckner and W. A. Slaymakcr, all citi zens of Georgia, except H.jT. Coffee, a citixen of Mem phis, Tcnn., and S. B. Buckner, a citizen of Louisville, Ky., respectfully represents that wo desire to form, and do hereby form, a company in accordance with the provisions of tho Code aud the acts amendatory thereof, authorizing the formation of corporations by application to the Supeiior Courts of said State, and we do hereby declare tbe objectB aud purposea for which said company is formed aud the terms thereof to bo as follows, viz : First—That the corporate name by which said com pany shall bo known is the Continental School Desks Manufacturing Company. 8econd—Tbe objects for which said Company is formed are ibe manufacture and sale of School Desks, Settees, Furniture and tho conducting of a general business in School Furniture and Supplies. Third—The capital stock of said Company shall be |50,00U, which shall be divided into 500 shares ot $100 each. Such portion of which as may be necessary may bo issued for the purchase of any property nec essary to the business of said Company. Fourth—The term of existence of said Company shall be twenty years, unless sooner dissolved by the stock holders owuiug two-third# of the stock of aaid Company at a meeting called for that purpose. Filth—Tho number ot Trustees who shall manage the concerns of said Company for the ilrat year i* five, and tho names aro J. B. Gordon, 8. B. Bucknr^. A. H. Colquitt, H. T. Coffee and W. A. Slaymaker. Sixth—That the business and operations are to le conducted in the cities of Atlauta. Rome and Dalton, State of Georgia, iu the city of Nashville, Tenn., Louisville, Ky., Richmond, Lynchburg and Staunton, V#., bt. Louis, Mo., Cincinnati, O.. Chicago, III., Balti more, Md., Raleigh aud Charlotte, N. O.. Houston, Austin aud Dallas, Texas, and that the principal office for tho conduct of tho business of said Company and its financial matter# shall be in the city of Atlanta aforesaid. In testimony whereof wo havo execute ! thise »rtit cate aud set our hands and seals thereunto, this I h day of April, one thouaaud eight huudred nv'?.* even- ty-three. J. B. GORDON. ISeao S. B. BUCKNER, (Sea., Per J. B. Gordon. A. H. COLQUITT. [Seal| Per J. B. Gordo*. H. T. COFFEE, [Seal] aprlilwCw W. A. SLAYMAKER. ISeal] DISSOLUTION. rilHK FIRM OF PLATT k CO, IS THIS DAY DIS _I solved by mutual cousent. The succeeding firm. Messrs. Platt Brother*, will collect tho accounts and assume the responsibilities of the firm of Platt A Co. A. LEYDEN, Warehouse id C< : Law, Atlanta. Geor _ Special attention given to the Collection of Clai i All business attended to promptly. Office over James’ Bank. D. McCONNELL, Attorney a j Whitehall aud Hunter stieet the Courts in Atlanta Circuit \\7 M V v Lie rp STOBO FARROW, At JL • Yietta street up eta I U OHN M1LLEDGE, At) Street Residence, corn rjpiios. w. Marietta street B. SPENCER, Attorney at Law, t-law, Whitehall A. R. R. Office, 9 Alabama Street Grain, Hay Flour, Bacou, Bulk Meats, Lard, Hams (sugar-cured and plain) Lime, Cement, Plaster, Domestics aud Yarns Dealers in Paper, Panel Paper slock, old metal, hidei Atlanta. (la. S TEPHEN dealers it Produce, Lime Feed, No 13 Ala- rchants and gs. Twines, Rope, ;c., 33 Pryor street. s. M.~ o tt u v r.?» Attorney at La E. BLECKLEY, Attorney-at-Law, Office and i ncr Peachtree aud Uairis streets. Ga. FLYNN, Commission .Merchants, aud Graiu, Flour, Provisions, Country r.d Cement Forsyth street, Atlauta*, V L.S J^OYAL & NCNXALLY, Att< II Office No. 1 A us at Law, No. 20 WHITECOODS, NOTIONS, ETC. , Dealers in Staple >ds, Boot*. Sho*s, Hosiery. o. 8H Whitehall Street, At- sale Notion*. White Goods, WOOD ENGRAVING. MISCELLANEOUS. H ER • LD PUBLISHING COMPANY, Alabai street, near Broad. All kinds of Job Work u--a aud promptly executed. riTUE WEEKLY HERALD, an Light Page Pap. B containing 56 columns, the largest aud most i teresting paper in the State. \\T H. TURNER. Dealer in Human Hair, and Ms } V • ufacturers of Human Hair Goods and H lr Je elry, 15 Whitehall street. Atlanta. Ga. ERGENZINGER, Mannlactnrer of all k»nd* • for KcrosJ Washing Machin. Sheet Iron aud Enameled W II. LEDUC. Manufacturer of Tin Ware, Agent loves, Pratt’s Astral Oil, Triumph Clothes Wringer, etc., Belgean re. Whitehall strep T I vision Dealers, Alabama street. U OWIE &GHOLSTON, General Commi.-siou M chants in Grain, Provisions, Hay and Flour, F syth street, near W. & A. R. R. J. WILLIAMS k CO., Dealers aud CoiuinisH stairs, 1st lloor, .practice in all the courts. O. T. FRY, Attoruev-at-Law, N«>. 6 Kimball louse. Residence corner McDonough and Rich- H CLOTHIERS AND TAILORS. ¥ H. DYKEMAN, Merchant Tailor and Deal- i tJ • Gents’ Furnishing Goods, No. 4 Peachtree str- near the National. J G. JONES, Fashionable Tailoring Establish an • within fiftj yards of National Hotel and Kim House. Full Line of ; oods always on hand. !0.. Dealer and Clothing, old stand, Whitehall U6AHS, TOBACCO# ETC. H. ENGELBERT, Manufacturers of Cigars and • Tobacco. Finest brands always ou hand. Broad j street, near Bridge. j ¥ MADSEN, 51 Whitehall street, Mann tact rer aud • Importer of Cigats and Tobacco, Wholesale aud Retail. W. B. MOSES, Authorized Agent for imported Ha, vana Cigars, No. 4 Kimball House Block, aud Kimball House Cigar stand. I OHN FICKEN, Manufacturer, Importer and Dealer iu Fine Cigars, Pipes, Tobacco, Snuff Boxes and Smokers Articles, No. 17 Peachtree street, Atlanta, ) LEHMAN A KUHRT, Cigars, Tobacco and Snuff CONTRACTORS J. A CAItn. _ city for the present, I deairo to return my sincere thanks to a kind public for favor# it haa bestowed up on mo, and to solicit for tho now firm a continuance of the patronage so generously bestowed upon the old one. Messrs. Platt Brothers havo devoted many years to the Furniture business and will be ablo to fully supply tbe demand and aatiiify the taste of the public. Respectfully, Junel4 tf E. PLATT. fully carried out. COPPER. BRASS AND IRON. M IDDLETON a BROS., Coppersmiths, Brass Founders, Finishers, Gas Fitters and Sheet iron Workers, Broad street, opposite the bun Building. All work done promptly. LIVERY AND SALE STABLES. C O IN 1‘ TAYI.OR. l’ro; nt tor ol the Arc* j keeps always ou hand a large supply of Mulei aud Horses for sale. , Blinds, Mouldings, Ac., Broad i 1 AGE Jl Co Eli BEER BREWERY. City Brewery, corner ollins and Harris streets. Lager Beer, Ale and , Fecht r. Meieer & Co., office in Old Post Office Building, Atlanta, Ga, S HEPARD. BALDWIN A CO.. Wholesale dealers iu Wines. Liquors and Cigars. No. 11 Decatur street, opposite the Kimball House. Atlauta, Ga. ( ''fLAYTON & WEBB, 72 Whitehall street. Atlauta. j Ga., Wholesale dealers iu Foreign and Domestic Whiskies, Wines, Brandies, Rums, Gins, etc., and PllOPKlETOttS Of THE MOUNTAIN GAP WHISKIES. Iv.o e, Liquors, P« , Wholesale Tobbaoco aud Liquors, MARBLE YARDS. 1 Maride. Mantl eet, Atlanta, Ga. H UNNLCUT Brass Workers, . Atlanta.' CANDY AND CRACKERS. 1) acker Manufac- i laity MEDICAL. It. W. T. PARK, office No. 35 l s Whitehail Street O. Box No. 15S. Atlauta. Ga. Treatment ol Diseases, Impurities of the Blood, Obstetrics .1 Diseases of Women and Children mads a spec- i tory, Whitehall t [ LEWIS’ STEAM BAKERY Mauufael • varieties of Crackers, Cakes, Suapps,. •syth street. Knowles. Nos. 26 and 28 Marietta street. CROCKERY AND GLASSWARE. MUSIC AND MUSICAL INSTRUMENTS. UILFORD. \NOOD A; tX>.. Dealer* in Music, Or gans. Pianos, Musical Merchandize, aud Impor- vf Small Instruments and Strings, 6N Whitehall (). L. BRAUMULLER. Dealer in Musical lnstru- neiits. Stationery, and sole agents for Stein way Id other celebrated pianos, 15 Whitehall I street. Atlanta, Ga. \j Glass and Earthenware. Kimball House. AW 4k c«*., Wholesale croc aery. Marietta DYE-WORKS. J AMES LOCHREY, AtlanU Dye Work*. Dyeing and Cleaning in all branches. Satisfaction guar anteed. Post office box 540. DENTISTS. LLEN LINK, Dent hall and Hunter streets, Atlanta, Ua. street, Atlanta, Oa. i Work promptly and neatly fin iahed. FRUITS, VEGETABLES, ETC, NURSERYS j^OUTHKRN NURSERY, irwi l ami Thuruioud i Dealers m Fruit Ornamental Shrubbery, Hot L* It IY ATE IlOAItIHMw HOUSES. M rs. r. k. limiter board. Day bo M WILSON. South l»r 1-arge front roo j, with RS. A. E. SMITH’S. Inished, carpeted r! | a table provided with the best fare the market affords. Call and examine. No. 7 ^ Whitehall Street. G.&C. CAHN CAMP, Wholesale Grocers and Provision Dealers. 86 Whitehall Street. bC South Broad Street, Atlanta, Georgia. Til J. HIGHTOWER, Wholesale Grocer and Pro- j| • vision Dealer, Corner Broad aud Whitehall Sts., Atlauta. _______________________ ITg. T. DODD A i ll , Wholcaale U. iH'ers aud Provision Dealer#, Corner Whitehall aud Mitch* Street*, Atlanta. Alao ha* P. ell Sti \\T T. LA INK, Family Groceries, ff • Bakery attached. Furniahea bridal cakes •to,, Marietta street, we#t of Spring’s first store. street. Table supplied with tho best the market cuicut to all the Churches, Poi i i»e accommodated Ira. O treet, just aero** tho bridge. M ISS UK FEN, at the “Lareudou House.” on Peachtree street, can furnish pleasant room* to siugle persons. Day boarders also re- it’, calved, PHOTOGRAPH GALLERY. Drug Store, on Whitehall street. ’’First claw hotoftrapha, etc., executed promptly, at reasonable * * Call and see specimens. PICTURES AND FRAMES. hromos, Mouldings, Looking Glasses and Plates Ko. 37 l , Whitehall Street, Atlanta, Ua. CHARLESTON CARDS. Geo. W. Williams. 4a*. Bridok, Jr William Birmk. Root. s. Oath. art. ml WILLIAMS & GO. WHOLESALE GROCERS. Cotton Factors and Bankers, HAYNE ST., CHARLESTON, S. C. WILLIAMS, BIPNIE & CO. Commission Merchants, (!.» Itvavrr Slrool, Vn York. HENRY BISCHOFF & CO WHOLESALE OiOCERS Carolina rt i o o, l»7 Kast Kay, Ciiai lol.i.), s. V. J. E. ADCER & CO. iiiixiDWAiin:, CUTLERf. GUHS. BAS IRON, STEEL AND AGRICULTU RAL IMPLEMENTS. 139 Meeting Mrwt ami (IC I'a-t Ikn Mud. CHARLESTON. S. C. SOUTHERN FEMALE COLLEGE 1. A G K X X G E, G E O li GIA. COMMENCEMENT EXERCISES! E* ? ::*tn. Annual Add The At'anta and West V ora ON ONE FAKE, from Jay, 25th. iue'.usixe. junel2de,Kl3t Kennesaw House, MARIETTA, CEORCIA. FLETCHER & FREYER, PROPRIETORS. DAVID NIcBRIDE, SUCCESSOR TO McBRIDE & SMITH, MANUFACTURER OF Fine Carriages, PHAETONS, ROCKAWAYS AND BUGGIES. Repairing Promptly and Neatly Executed. ATLANTA JAMES ORMOND, Prnprielof A TATE OF OKOROI A-Bkawhs Couxty Berryhill, to beoor May 2ft. UI r free trader. W. H. BERRYHILL. my 23-w Ian