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The Greorgia eekly Telegraph and Journal «fc IVTessenger,
Telegraph and Messenger.
MACON, DECJEMBEB 21, 1869.
Decisions of the Supreme Court of I from paying over to the plaintifl, ai)d pending
the State ot' Georgia. the injunction he voluntarily loaned ont the
Delivered at Atlanta, Tuesday, December 1-i. money and took a note therefor which was sub-
(Reported expreselv for the Constitution, by N. quently paid in Confederate money which was
J. Hammond, Supreme Court Reporter.] worthless: Held, that he was liable for the value
James Stewart and Allen 8. Cutts vs. Benjo- of the State bank bills which he received for
min Mordecai. From Sumter. Motion to re- the sale of the property, at the time he was re
move case to United States Court. quired to pay over the same to the plaintiff.—
(McCay, J., having been of Counsel below, | Held also, that when he was ruled for thejno-
1 did not preside in this case.)
Brown, 0. J. .
1. M., a citizen of Sonth Carolina, com-
I menced his action against C. and S., in the
ney and stated in his answer, that the Bank
bills received by him for the sale of the proper
ty, had become of little or no value, that he
conld not be made liable for the fall value of
Courts of this State, on a note and a proceeding the bank bills upon this answer. If the answer
to foreclose a mortgage on real estate of 8. I was not true that the bank bills which he re-
Pending the actions, S. filed his bill against M. ceived wore of but little or no value, then, the
and C., alleging that he was only a surety for I plaintiff had the right under the 3878 section of
O. on the note, and gave the mortgage on his I the Code to traverse the same, and to prove the
real estate to M. for the accommodation of G., | value thereof, either by the Sheriff himself, or
The Coming Quarrel. ■
The Augusta Constitutionalist, in a brief ar
ticle upon the East and the West, says:
The Philadelphia North American and Ga
zette and the Boston Journal have opened their
batteries on Western Sectionalism. We learn
from these authorities that the West is “fast
becoming more tyrannical and exacting than the
Sonth ever was or ever thought of being.”—
Great troubles in the long run are predicted.—
It is ascertained that the West is too voracious
and too ungrateful. She thanks i rear esuue io ju. ior urn luxuiumouuuuxi oi \j., i uimoui, <uu»u „jr mo ““o— ”*•
no favor and takes aU she can grsap aaaright and tbat 0 bad paid ala 0 amorm t of usurious other witnesses, but until this is done, the an-
indisputable. The Gazette growls^over the» fact interegtto M > and alleged that 0. bad consented swer of the Sherifi is prima facia true, that the
that the West- is a unit in Congress ya®* 1 to transfer to him his claim against M., and money which he received became worthless or
spoils are on the carpet, while the East is dis- praj , ed to be snbro g ate d to the rights of O. and nearly so in his hands. To entitle the plaintiff
traded by local jealousies. With an immeMe that the tenons interest paid by C. might be to judgment upon this answer he must contro-
OTimace, we we told that the West gobbles up all crodited on the note held by jx. fij| d bis V ert it and show, that the bank bills were not
ttie money, aU the land, all the offices, whale the petition and affidfwit) stating that he had reason worthless, and will be entitled to judgment for
£af 4 h “ *° pay ne y rr»!i itto,’and did believe, that from prejudice or lo- the amount the same are shown to be worth at
Mkof the revenue. The ^st is called n^m Hnfl ho won j d not able to obtain the time he was required to pay over the money.
U> unite against thisnovelversion ofUie stove- jngti6e in tho state Courts. Held, that M. had Judgment reversed.
driver’s J a ri bt to bave tte caS0 transferred to the F. H. West, 0. B. Wooten, Lochrane & Clark,
retahate in kind and threaten ternble things Uni £ d Stalos Circnit Conrf> nndor the ac(tJ of {or plaintiff in error.
This is a quarrel which, as the Telegbafh has Congress passed 27th July, 1866, and 2d March, Hawkins & Bnrke, B. F. Lyon, for defendants.
often said, is bound to come, and perhaps it 1867. {
will be as bitter and irreconcilable as the feud *• The bill having been filed by S. againstM., B. G. Fotefcam, plaintiff in error, vs. B. B.
betwixt the North and the South was; and end, , w “ a el4 f zcn °, f a S44t6 ? the * 411411 0141 “» defend4Dt - Q* 0 warranto from Pu-
. , ~~ " , ,. ’ .. which tho suit was brought, for the purpose of laski.
liko that, in ih6 substantial political extinction 1 *‘restraining or enjoining him.” 3L, on mak- I Warner, J.-—This was a writ of quo warranto
of the weaker party, unless, meantime, tho ing the affidavit and giving tho bond required, filed in behalf of the State of Georgia on the re-
country has the good sense to discover that the wa* entitled to tho transfer; as a final deter- lation of Fulgham against Johnson, for tho pur-
only ground of a common safety and peace lies minatl '°. n of controversy so far as it con- pose of inquiring by what authority the defend-
y “ . cemshim, can be had in the United States ant, Johnson, assumed to exercise and perform
in a return to the Constitutional dootrine of I Courts, without tho presence of 0., the other I the office and duties of Tax Collector of the
'State sovereignty and independence, and con-1 defendant. county of Pulaski: On the hearing of the case,
Bents that all sectional aggressions shall be] 8 - The affidavit filed in such case, cannot, ] the Court decided, that Fulgham was the legally
estoppedb,theeofoteetnentot tio plait,doo. ^“ «“
trines and principles of a system of confederate k Judgment affirmed. | ouster against said Johnson, ousting him from
ed and independent States, as ordained and Hawkins & Bnrke. Lyon, DeGraffonreid & said office, and the exorcises and enjoyment of
Irwin, for plaintiffs in error. I the privileges, duties and emoluments of the
Nesbit A Jaekauu, for defendant. same, and that the Clerk of the Court should
transmit a certified judgment of the Gourt in
D. P. GibsoD, plaintiff in error, vs. C. 0. that case to the Governor of the State for his
Motion for a new trial, action. After the rendition of the judgment of
I ouster against Johnson, an application was m ado
Brown, C. J.—1. A new trial will not be to the Court for a rule calling npon Johnson to
ma niivo i g ran { ed on dCCO unt of newly discovered evi-1 to show cause why an attachment should not be
nothing to do, except to use her own political I dence, when tho gronnd is, that the party did j issued against him for continnihg to perform
influence in the interests of self-defence, and, not know that his wife, the witness, was com-1 and exercise tho office and duties of Tax Collect-
if possible, for the re-establishment of the oon- P etent 4111 after tbo trial, and does not state or in said county, which application was refused.
. . , , . - what he expects to prove by her. j Held, that tho issuing of a writ of quo warranto
stitutiOnal guarantees nd ba ances of the sys- g. The party moved for a new trial on the is not a proceeding on the equity side of the
tern. As the - contest embitters, our section will I ground that ho did not know at the trial that a | Court; and that inasmuch as the judgment in
gradnally escape the oppressions and insnlts person was on the jury who was the relative of this case, so far as the some related to the de- I ^ ^
which have been heaped upon ns by both of the | 4 person interested in the question, not a party | fendant, only ousted him from the office of Tax ’ tween tho parties as would be the proper^ BUb-
bellinerenfs Thev will cease iheir Dersecution £ ^ reCor ^ w? a PP llcation not state Collector without more; the legal effect of such jeet of equitable interference as the insolvency
established by the Constitution. The probabil-I
ity of so happya consummation seems just now |
to be very remote.
■With the rise and progress of this second I Williams, defendant,
grand sectional struggle for predominance in from Lowndes,
the American system, the Sonth should have 1
issues, which were, or by the rules of law, must
have been heard by the Coart rendering the
judgment, but cross actions, equitable defences,
and rights which have accrued since the judg
ment do not come within this rule, and it is
competent for the Legislature to authorize such
defences to be taken advantage of by a motion
in the nature of a bill in equity, to open the
judgment, and adjust the rights of the parties
according to such equities.
Whero the defendant in a judgment at law
filed his affidavit under the act of 1868, for the
relief of debtors, etc., in the precise words re
quired by the Btatule, and the sheriff returned
the papers into court as therein required, it was
error in tbs Court to dismiss the affidavit with
out giving the defendant an opportunity to set
np such cross actions, equitable defences, and
rights accruing to him subsequent to the judg
ment, as under said act are allowed to be set up
in a motion to open the judgment.
The 2d, and 7th sections of the act of the
General Assembly of this State, passed in 1868,
for the relief of debtors and to authorize tho
adjnstnents of debts on principles of eqnity so
far as it permits the defendant inn judgment to
open the same by motion and set up defences
thereto which were, or by the law at the date
of the judgment must have been in issue before
the Covt rendering the judgment are in viola
tion of art. 9th, see. Cth, and of art. 1st, sec.
21st, of the Constitution of this State, but so
far as sail act permits judgments to be opened
by motion so as to let in defences arising since
tho date of the same, or cross actions and de
fences purely equitable, though existing at the
said acb is not unconstitutional, but is within
the powew granted to the Legislature by the
Constitution.
White vt. Herndon, White vs. Bucker.
Brows, C. J., concurring.—In my opinion the
judgmert of the Court in both the causes, whioh
were argaed together, was erroneous. I hold,
1. Thtfi when a party is sued in a court of
law, he ii bound to make any legal defense
which .he has against the claim of the plaintiff,
and if he is not prevented by fraud, accident, or
the act of the adverse pn'rty unmixed with neg
ligence on his part, and fails to make his de
fense, the judgment whether erroneous or not
if not excepted to within the time allowed by
law, is conclusive against him, and the Legisla
ture has no power to open it to let in any legal
defense which existed at the time of the trial
2. A defendant sued at law is not bound, how
ever, to set up a defense “purely equitable, and
a Court of Chancery may grant an injunction in
such case, before or after judgment; and I take
it to be a correct principle that the Legislature
may authorize any relief in a court of law,
which can be bad in chancery, without such leg
islation. But it must be such an equity be--
belligerents. They will ceaso their persecution, i g bo d e gx eQ 0 f relationship, nor did it state that I judgment was to render null “and void ail his
abuse and malediction and begin to court the I it was unknown to his counsel at the trial. Held, I pretended official acts as such Tax Collector,
' alliance and support of tho South as against the that tho motion was properly over-ruled by the ajter the rendition of such judgment; and thus
other party. Court. deprived him of all official authority as such Tax
rrrt n Rf . _ . ■ . 3. The proof of the single fact that a defend- Collector, to interfere in any way with the legal
The Northern Atlantic States will forget to an t, i os t property during the war, is not suffi- rights of the citizens of that county in that ca-
call ns rebels and discourse sweetly upon old I cient to authorize the jury to reduce the amount pacity. The legal presumption is, that when the
revolutionary reminiscences—bow wo all stood j t* 10 plaintiff's debt. j Governor is officially informed of the judgment
shoulder to shoulder and established Continen- J^gment affirmed of the Court rendered in this case, that ho will
Hater A; Hammond, for plaintiff in error. issuo a commission to the party who, under the
, , , . ... i Peeples <fc Dasher. Stansel & Stansel, by the | law, as declared by the judgment of the compe-
sonl. Ana are we now going to forget all these Reporter, for defendant tent tribunal, is entitled to it The judgment of
patriotic memories and turn our sisters of the —7- the Court below is, that Fulgham is entitled to
dear old thirteen over to tho tender mercies of | Bill, Plaintiff in error, vs. Wm O. I the office under the laws of the State, and that
It.- /.roclona who inmi 1
on all power, all money, all legislation for their I ruptcy.
own interests—who are dead to the demands of Brown, 0. J.—1. The Judge of tho Superior I Pate, Byan & Watson, by Lanier & Anderson
commerce, manufacturing, fishing, and want to 4 -' 01lr *' ^ as , no P°y or to rule, in vacation, to com-1 for defendant.
move the capital and everything else beyond sheriff & of'fstato 1 conr^roperty ofTbankrapt! | Thomas W. Johnson, plaintiff in error, vs.
tne Mississippi. which was _in tho possession of the bankrupt Thomas J. Stewart, goardian, defendant. Bill
Then, on the other hand, our Western sisters when the assignee took control of it, but which, I for injunction and recovery—from Lee.
will approach these “derned infernal old arislo- 1 1418 cla ' med > ^ a ^ been levied upon by the Sher- Warner, J. When an injunction was granted
cratic rebel States of the Sonth” in a spirit dif- l?’,v y £ r4ne n a jj' fit f f° m . a judgment upon the ex parte application of the complain-
r cu * ., fi, I °} “J® State Conrt older than the judgment in I ant in tho bill, which ex parte order so granted
fenng from that of Sherman s raid. They will the Bankrupt Conrt by which tho defendant in by the Judge in vacation was excepted to by
want to know if we are not going to stand up for the fi. fa. was declared a bankrupt. the defondant, and brought up to tiiis Court
thoso who furnish ns with bread, meat and “• Bnder such a state of facts the Sheriff’s without having made any motion before the
mules, and if we are not tired of thoso 0 i d remed y.™s by action of trover, or by a proper Jud^e to revoke or dissolve the injunction, as
, „ , „ . ,proceeding m the Bankrupt Court which has jn- provided in the 3151st section of the Code:
Eastern money cusses who have coined the nsdicbon over the assignee. I Held, that the granting of tho ex parte order for
nation’s blood into drachmas," and want two Judgment reversed. the injunction was not such a judgment, deci-
bnndred per cent tariff bounty on everything . J?i nes & Hobbs. Lochrane & Clark, for plain- sion or decree of the Judge heard at Chambers
tiff in error. _ I as entitles the defendant to except the same and
Vason & Davis for defendant | bring it before this Court by writ of error, or
under the 4192d section of tho Code. Let the
i „ . . I William Mitchell, plaintiff in error, vs. Ben- writ of error be dismissed as being prematurely
then refused to accept a surrender upon any I jamin Mitchell and Benjamin Willis, defend- brought y
4or “? 411411 P attin g *be “gger s heel on ants in error. From Worth county. Motion to F. H. West, G. W. Warwick, for plaintiff in
every Southern neck. dissolve an injunction. error.
We see now, just as clearly how they are go- Brown, C. J.—1. This Conrt will not control Hawkins & Burke for defendant
ing to score each other as if we had it down in the discretion of the Conrt below, in refusingto
tbgcftwu aay to our peo- grant a continuance of a motion to dissolve an I A. P. Burke, ot ah, plaintiff in error, vs.
h!°oS! a *; n -^ 6 q ’ political deal injunction, on tho ground that complainant is Robert P. Anderson—Equity from Pulafcki
h - a , EdS f?, n ? r 111 b ? d b° aIt b aad miable to get up affidavits to McCay, J.-In the exercise of its jurisdiction
Uian an_ body is looking for, •ad if we fail in sustain it when the case has been twice contin- | to correct mistakes, equity will grant relief be-
wt?i° UrBelves J , I i stlce 14 a®. becanso ned for tb0 same cause. ~ tween the original parties^ and their privies in
statesmanship 2. A copy of a verdict in an eqnity cause, estate or in law, except as against bona fide
to compreheiidand avail ourselves of the sffua- I unaccompanied by the bill, answer and other purchasers without notice, and a judgment
„ Th ® ° f 016 4111168 for *23 e 9 mB P arts of tb® record, is not evidence. creditor does not for this purpose occupy the
to be an obstinate idea among onr politicians | 3. When the grantees are volunteers tho do- | position of such a purchaser.
Sections 1047 and 1948 of our Code regula
ting the rights of liens existing by operation of
it,-. , . . . •. « .... _ — j —i — *w**w*, m wrvwi dearly I law against unrecorded or defectively recorded
that we ought to repudiate in political manage- show that he acted under a mistake as to the | mortgages, does not change the rule in eanitv
ment every principle which we acknowledge I line of the lot, and that he did not believe the as to the mistakes in the instrument itself,
should control action upon all other subjects I lot which he conveyed included his dwelling ] Such mistakes are still reliovable except ns
, * jyy.i”,TP 8 * j bnt - l4 . 13 P° ssibIe ' we bouse and the cleared lands adjoining it, and against bona fide purchasers without notice,
may get nd of that idea by and by. | did not intend to convey the dwelling house and | The judgment of a Chancellor below refusinc
' cleared lands. But his own testimony as to bis to dissolve an injunction will not be disturbed
ueiunguistyesupen. .- intention and mistake should not bo held suffi- by tho Court, except in a clear case of manifest
We copy the following notes upon the po- I cient without corroborating circumstances. In I injustice,
liticnl situation from the Atlanta Constitution | sucl1 case rel ' e ^ bo granted when the evi-1 Judgment affirmed.
of fee 15th. ’ denca *■ satisfactory that the grantor acted un- Hansel & Hansel, S. Hall, C. O. Kibbe for
w .. I dor a mistake, though the grantee was not cogni- I plaintiff in error.
from zant ° f ^ e - mlstake at 1110 tim0 the convey- Lanier & Anderson, Pate & Byan for defend-
from leading Georgians. They state that our ance. And tho injunction should have been *
friends are yrorJcng zealously to get Congres- enforced till the trial.
aside judgment. From Mitchell.
they sell. They will remind ns it was those old I
Eastern hawks who set on foot the abolition |
crusade—goaded tho South into secession and |
The crisis is serious. Bullock is plyinyevery I error,
means to get control of us, and for base uses. Strozier & Smith, Lochrane & Clark for de-
He is spending money lavishly—money that ho fendants.
took with him, and Foster Blodgett, State Boad
Treasurer, is with him, helping him spend and I George F. Robinson, plaintiff in error vs. J.
jnggle. B. Boss & Son, defendants in error. Motion to
One party writes us that unless Georgia re- dissolve Injunction and remove recoiver—from
seats the negroes, Congress will do it: with | Lee.
this difference, that in the latter case test oaths 1
McCay, J.—Section 3210 of the Revised Code
providing for an attachment against an adminis
trator, who is actnnlly removing or abont to re
move the property of the deceased out of any
county, does not authorize an attachment on the
ground the exeentor or administrator is himself
actually removing. The affidavit must allege
tins difference, that m the tatter case test oaths Warner, J.-When a landlord and tenant en- that he is actually removing the nronortv or is
SP. g ° f4rl4erad into 4 agreement for the lease of abont to remove it 6 ******’ 0r 13
and say, that while the Fifteenth Amendment a plantation, in the county of Lee, for the term Strozier & Smith, by Lochrane & Clark for
is in danger Georgia will never get into the of three yearn, from the first of January, 1868, plaintiff to ^rron 7 * f ° r
Union, whether she reseats the negro or not npon the terms andstipulntions contained there- Hines & Hobbs, Vason & Davis for defend
It is with deep pam that we allude to one to, as to what each of the contracting parties ant. ’
grave suspicion. There is a party blatantly was to do and perform in the premises, and in
& S£*g arsaywg I - m >«»■
j justsnb-
. .“Funding Act”
, .. £ - J tenant, on I by the Confederate Congress, a Sheriff receiv-
Rrtmothmn y. j « ... j or about the ~od of August, 1869, just abont the ( ed in payment of an excation which had been
Something ought to be done. Some with time the orop on the plantation was maturing four or five years to his hands Confederate
WS sWfid wll0 ,ri 7r res P ect > 4blnk notified the landlord in writing, that he should J money and a check npon the Eastern Bank of
’ Coa % e8S L do ber <»n«ider and treat the agreement for the lease Alabama, and within a few d«S the Shwiff
3tilfnniwir 8 Ii8t ^ ? f tbe plantation utterly void, on account of the took the money and check to the plaintiff’s at-
r,Lv myrmidoms for masters, landlord s repeated violation of it. Whereupon tomey who received and receipted for the same
np ° n landlord filed a bill against the tenant, alleg- as so much Confederate mouey. but resell
“g 7iW 5 e P ea4e d violations of tho agreement, the right to contest the validity of the paying,
for it but the plethono and performances thereof, on his part, the in-1 adding, as a “note bena" to hisrocetot that he
Ld ignoran<M^taxtog we"^Tudlntefiteeni h - e 46114114 4nd 4110 danger of loss to should contend it was a payment of only one-
e^eral toi^toeM 8 DMfitiMion d ’ 4116 lau p or f d. consequence of tho bad man- third of the nominal amount. Held, that it was
The^Xw^York^ WorFd a^d ofh^r Vort»,em « | agement; of the tenant—praying for an to- not error in the Court to refuse to open the
oem^re^ makinu a caUanf SS, f “JS* - J7 ctl ° n » 4nd tb ® appointment of a receiver to judgment for more than one-third of the^ amount
Eonisville Courier-Journal T ^ 0 . cb4r § 0 of 4lie plantation, stock and crop due upon the judgment at the time of the judg-
| hao4lng daily its I growmg thereon, etc., until the farther order of Iment J g
mayed or apathetic Let us shower th ® CoQIt -. Tbe Conr4 granted the injunction, Where on a motion, there are several issues
cress and the Northern nennl“f ^ a PP, oia4ed a receiver as prayed for to com- of fact involved and the parties agree to submit
peacefulness onr davof?nn P te ° f P la ]? an J 8 bdl > an d upon a motion being made the whole matter, both of law and fact, to the
ns make the iniauitv of to d 1 ? 80 ^® the injunction and revoke the order, Judge, who under the agreement enters upon
ence as hideous^ nossihln “ 4eri £ x " ap^ntin^ a receiver on the coming to of the the investigation and hears the evidence the
ter of our own inte^fit bG r !, he b “! n 8 8 bt - defendant r answer, the Conrt overruled the parties have to produce. Held, that it is error
. OI aar °^ m mtegnty. Let us ventilate the I same. Held, that nmn *>in ot«t. n f 1 in ♦»,.
miserable character of tl
ment of Bullock. Let r \ . i ,- tiv u
he h* 8 I dissolve the injunction, and revolting the“rder I forcement of a judgment obtained before the
raoMc nnHn ur Lei the press appointing the receiver to take charge of, and adoption of the Constitution of 1868, on the
1 ^ f 16480114,13 avoiding secure the crop thereon, and other property for ground that the consideration or cause of action
r , ... T ... , the present year; but if, to the discretion of I on which the judgment was founded, was slaves
^,° f ^theLegistature who occu- the Court below, it should bo neoessary to keep or the hire thereafTand the only proof submit
r68 18^ 4o . d I 8emb "-| tb 0 property and potation to the hands of the | ted was the record of the suit; which resumed
to the judgment, and said record failed to show
affimatively that the consideration of the debt
was slaves or the hire thereof. Held, that the
* j ^ , construction of tbe record was matter of law
The idea of the members resigntogliaVbeon I I&*£.?*&*** 4h . 6 .. rec P rd d^ 64 show
he insolvency
of the plaintiff, the fact that he is beyond the
jurisdiction of the court, or some other equitable
defense or claim. In such case, I see no good
reason why the Legislature may not authorize
the equitable claim of the defendant, to be set
off against the judgment of the plaintiff, or why
it may not authorize the judgment to be opened
for that purpose.
This view of the power of a Conrt of Chance
ry to set aside or enjoin a judgment, is sustained
by numerous authorities. I quote a single ono
from the opinion of Judge Lumpkin to Pollock
vs. Gilbert, 1C Ga., on page 403, as follows:
“But when a case involves matter exclusively
within the jurisdiction of equity, its final deci
sion at law will not preclude a re-examination
in chancery. Under such circumstances, the
doctrine res adjudicata does not apply. For as
the matter in whioh the intervention of eqnity
is asked could not have been determined at law,
it cannot be within the stoppal of the legal de
cision.
“The existence of an equitable defence which
could not have been made available as a legal
defence, is therefore a sufficient ground for ob
taining an injunction before or after judgment.
2 White & Tudor’s, leading equity cases, 96.”
And after reciting the cases of Foster, vs.
Wood, 6 Johns ch. R. 89, and the Marine Insu
rance Co., of Alexandria vs. Hodgson, 7Cranch,
332, and Truly vs. Wanger 5 How 141, these
annotators continue.
It is well settled to accordance with the rule
laid down in these cases, that eqnity will inter
fere bj injunction either before or after judg
ment, whenever the case is shown to involve
matters purely of eqnitable cognizance, and es
sential to its proper determination, (Ibid, 97.)
Upun a proper case being made, a court of
equity will interfere to arrest the proceedings
atlaw at any stage of it Thus, an injunction
is sometimes granted to stay trial; sometimes
after judgment to stay execution; sometimes
after execution to stay the money to the hands
of the sheriff, if it be a case oi fieri facias, or
to stay the delivery of possession, if it ba a writ
of posession. (2 Wood’s Lectures, 56 pp 406,
407, 412, 416. 1 Mad. Ch. Pr.109,110; Eden
on Injunctions, ch 12, p 44.
This h so complete an epitome of the whole
doctrine npon this subject, as deducible from
the opinions of Chancellor Kent to the case in
6th Johnson, and of Chief Justice Marshall in
7th Crnhth, and of Mr. Justice Greer to 5th
Howard, as well as the general current of au
thorities/ that we consider it useless to extend
the discission.
Agaii, on page 405, Judge Lumpkin says:
“Thogeneral principle with regard to injunc
tion, if ter a judgment at law, is this: that any
fact wiich proves it to be against conscience to
exeenfe such judgment, and of which the party
conld aot have availed himself in a conrt of law
or of which he might have availed himself at
law, Nit was prevented by fraud or accident, an.
mixedwith any fraud or negligence to himself
or his agents, will authorize a court of equity to
intorftre by injunction to restrain the adverse
party from availing himself of said judgment.”
Frora these authorities, it appears that there
is a clais of cases where a Court of Eqnity may
at any jtago of the proceedings interfere by in
junction and arrest the proceedings at law, even
after iudgment. And I am well satisfied that
the legislature has power to authorize any such
deferso as might be made available to equity,
to bo tnado to tho manner pointed out by tho
relief pet, in a court of law after a judgment has
been tendered.
Butl am not prepared to go beyond this, and
hold tbatthe Legislature has power to authorize
judgments indiscriminately to be opened for
cause! of legal defense which existed, and which
it was the duty of the defendant to have set up
boforathe rendition of the judgment
It dbes not appear from this record whether
the defendant in this case had any such defense
to tht judgments, which he sought to have
openei in tho Court below. But having filed
his afldavit to compliance with the statute, it
was the duty of the Court at the first term, to have
permitted him, by proper pleadings, to set up
such cause against the judgments if it existed;
and I think the Conrt erred in dismissing the
affidavits without allowing him that opportunity.
I will amply add that a judgment may, to my
opinion, be opened, under the authority of an
act of the Legislature to let in an equitable de
fense which originated since its rendition, if the
ends of justice require it, and it would be against
equity and good conscience for the plaintiff to
enforce the judgment.
■garner, J., dissenting. I am of the opinion
that the judgment of the Conrt below in refus
ing the motion to allow the judgment to be sub
mitted to a jury for ihe purpose of being opened
and the amount thereof reduced by their ver
dict should be affirmed. The second section of
the Relief Act of 1864, which provides for the
opening of judgments rendering by the Courts
on contracts made prior to the first day of Jane,.
1865, for the causes therein stated, is, in my
judgment, nnconstitntional and void. It is not
only a violation of the 10th section if the first
articlo of the Constitution of the United States,
but also of the State Constitution of 1864.
H. A. Boebnck, Jas. D. Matthews, for plain
tiffs to error.
E. P. Edwards, Hester & Lumpkin and
Toombs, for defendants to error.
__ . —— | “* -<•» uio complainants should be i was slaves or me mre men
whtebhT^tlf ^w£, d ° Ze ? o41ler vacancies required to furnish all the necessary means qnd construction of the record was matter of fiTw
88 PP b <* ^ 0 Reiver to make a crop, and car- for the Court, and as the record ffid not show
much talkedTfl^fhA v,^ 8 ? 8 h M " 17 oatfi® P ! antetion for the ensuing year, as is that the consideration of the debt on which the
^ » f ‘ a 14 “J 116 V1QW , of . a® 1 ? 0 the specified in the written agreement for the lease judgment was founded was slaves or the hire
These resia^^rXnw f^ the 8tat6 - 0 f the premises for the Mutual benefit of the thereof, it was ertor to toe <Sto ffirecS
BuU^ “P?® parties interested, as stipulated to the agree- iasue to be made and tried by a jury of toe mat-
.fLT.v , 4he h®* 3 of 4116 roent » flnd > in th0 event tho complainants shaU *
isftuUiet^nwlft ° f ^ °° Urt ' 14 4ail or refnf,e 40 4hen 4hat tho ord ^ appoint-
18 iITa 09 r ii 1 r gally 8 °' - , mg a receiver, should be revoked and set aside.
If, then, Bullock refuses to. order elections Judgment affirmed. /
the responsibility is upon him. Let it be known. | Wright & Warren, F. H. West for in
error.
It will pnt him in his true light of a disorgan-
l*er and revolutionist
This is no time for mincing. The crisis is
SSStio^y™ ^ Pr ° mPtly ’ Iightly ’ legaUy ’
Drawing the line between slavish and unlaw-
complainants shall | ter to dispute.
Vason k Davis, R. F. Lyon, for plaintiff in
error.
Thoe. L. Dunn, S. D. Irwin, 0. B. Wooten,
W. A. Hawkins, for defendants.
W. A. Hawkins, Nisbet & Jackson for defend
ants.
S. Lindsey, Sheriff, Plaintiff in error vs. B.
F. Cock, et al.
ful concessions of undoubted'principles a^ I ^e^’ “* 88811184 Sh8nff ' Ff ° m
P° a<7 ' lot c « yifdd Mc.Eny, J. having been of Coumel below did
ZfS5£ d “ B I ’ , “- p “ ld ‘ in a “
It is worth while to escape the unrestricted
tyranny and pecuniary ruin of Bullock's rule.
A»t ns make a manly, judicious effort.
Thomas C. White and J. S. White vs. W. M.
Haslett and Elbert Ruckers, executors, etc.
Motion to open judgment, from Elbert
Thomas O. White vs. Dillard Herndon. Mo
tion to open judgment, from Elbert
McCay, J.—A judgment inter partes is con
clusive, as to rJl matters which were before or
t -tuv. x . i hi,* 0 kws governing, the Court rendering toe
warrer, J.—When a Sheriff had received judgment must have to issue before it and it is
money in current State Bank bills before the not within the power of the General Assembly
war, in payment of the sale of property sold by under toe Constitution, to authorize the open-
WIS as Sheriff, which money be was enjoined l tog of judgments so aa to allow axehearing of
Wm. Bunshart, plaintiff to error, vs. Jesse E.
Hain, defendant in error. Buie to foreclose
mortgage from Bryan.
Warner, J.—When a motion was made in the
Conrt below to open a judgment, on toe ground
that toe defendant therein had tendered to too
plaintiff $1,200 00 to Confederate money during
the second year of toe war, and claimed the ben
efit of the Belief Act generally, which motion was
allowed by the Court. Held, that toe defendant
to the judgment did not show any equitable
ground of defense which authorized him to have
toe judgment opened and created, and that toe
judgment of toe Courtbelowshould be reversed.
I concur in toe judgment of reversal to this
case, on toe ground, that the second section of
toe Belief Aot of 1864, which provides for the
opening and scaling judgments rendered prior
to Jane, 1865, not only violates the Constitution
of the United States, but is also in violation of
the Constitution of this State. Judgment re
versed.
Fleming k Lester, for plaintiff to error.
. J. W. Tanner, W. B. Gaulden, for defendant.
George T. Connell, plaintiff to error, vs.
ISfejgV'i.'.*££; - -'jd
Y-Y
Thomas Vaughn, defendant Belief from
Carroll.
Warner, J.—When a motion was made in the
Court below, to open a judgment obtained prior
to the first day of June, 1865, for the purpose of
having the Bame scaled as provided by toe 2d
section of the Belief Act of 1868, upon the
ground that toe defendant to the judgment had
lost a large amount of property by the results
of the war, without any fault of the plaintiff, so
far as toe record shows, whioh motion was over
ruled by the Court:
Held, that the defendant to the judgment did
not make out such a case as entitled him to any
eqnitable relief under the provisions of the Act
of 1868, and that toe judgment of the’conrt be
low should be affirmed. I concur to affirming
toe judoment of the court below to this' case,
on the ground that the 2d section of the Act of
1868 is unconstitutional and void, the same
being in conflict with the Constitution of this
State and 6f the United States.
Judgment affirmed.
Austin & Beese, by L. J. Glenn, for plaintiff
to error.
B. Oliver, for defendant.
John MoK. Gunn, plaintiff to error vs. David
H. Isaacs, defendant. Motion to set aside judg
ment from Bandolph.
Warner, J.—Where a motion was. made to
open a judgment to order to scale thq same un
der the 2d seotion of the Belief Act of 18G8, and
on the trial of said motion in the Conrt below,
it appeared in evidence that toe defendant in
the judgment had lost a large amount of pro
perty, whioh he owned at the time the debt was
contracted, for which the judgment was render
ed by toe results of ihe war, without any fault
of the plaintiff; and the jury returned a verdict
for twenty-five dollars, in favor of the plaintiff
when the principal and interest due on the judg
ment, was one hundred and eighteen dollars.
Held; Tbatthe defendant in tho judgment
did not, by his evidence, make out such a case,
as entitled him to any equitable relief under the
provisions of toe aot of 1868, and that the judg
ment of the Court below should be reversed. I
concur to reversing the judgment of tho Court
belowto this case, on the ground that the second
section of the relief act of 18G8, which authorizes
toe opening and sealing judgments, rendered
prior to the passage of that act, is unconstitu
tional and void.
Judgment reversed.
Brown, C. J., concurring.—I concur in the
judgment of reversal, on the ground that the
jury were not authorized to reduce the amount
of the judgment on account of the loss of pro
perty bj the defendant, as it was not shown by
him that the loss was caused by toe wrongful
act of the_ plaintiff, which was necessary to raise
such equity between the parties, as toe Court
and jury had a right to administer.
Hood & Kiddoo, for plaintiff to error.
Fielder & Jones, for defendant in error.
Monument at Mercer University,
At a recent meeting of the Memorial Associa
tion of Mercer University, Mr. John T. Prior,
who had been appointed to prepare an article
for publication, reported toe following, which
was adopted and ordered to be published:
“A few months ago, the young men of Mer
cer University, animated by a true'patriotism
and a love of the noble heroes who were once
students of onr Alma Mater, and who were ruth
lessly consigned to soldiers’ graves by the de
mon war, organized a Memorial Association,
for the purpose of erecting a Monument, sacred
totlieirmcmory. The organization is still inexis
tence; and the students manifest as deep an inter-
estin the matternow as ever. It is, however, imi
possible to procure enough money to erect a de
cent monument among toe stndents themselves;
and hence we have called upon tho Alumni
Association to assist ns in the undertaking. The
joint effortsof the two Associations can ultimate
ly secure the erection of toe monument But,
two years or more may elapse before the object
is accomplished. Already, more than for years
has passed, and the yonng heroes of the Insti
tution are unhonored by a public monument—
We will be excused for some degree of impati
ence at the tardiness of this publio recognition,
on onr part, and on the part of their surviving
friends. We, therefore, desire to make an
earnest effort to erect a monument within too
next twelve months. But, to addition to the
Alumni and the present students of Mercer,
there are many who feel a warm interest toihe
memory of thoso students who fell to the cause
of the South, and who would hail the opportu
nity of contributing to warsd a monument to their
memory. We shall cordially welcome their co
operation in this holy work.
We, therefore, make this public appeal to all
friends of toe Institution, and to all who favor
these public testimonials to the memory of stu
dents who abandoned their classic halls, and the
opportunities of cultivating their minds, fortoe
rude scenes of war, and who finally yielded up
their lives to the defense of acanse, now lost, but
whoso memory will long be green to toe hearts
of all Southerners. Will not many Georgians
take a mournful pride to contributing a small
testimonial to the heroism and the unselfish pa
triotism of those noble young men? The la
dies may get up tableaux and concerts to aid
toe object. The immediate friends of tho de
ceased^ may take up collections to the commu
nities in which they reside. Every Alumnus is
a regular agent to receive funds which may be
handed him. And, finally, every well-wisher of
the good cause may send such a sum as he de
sires to give, to Prof. ,S. P. Safldford, Penfield,
Ga., who id the Treasurer of tho Asseciation.
Prompt action by all friendly to the cause will
ensure toe speedy erection of an appropriate
monument Tho question of the removal of toe
college need not embarrass, for tbe monument
will be inseparably-connected with Mercer Uni
versity as one of its most cherished treasures,
and it will remain here, or be removed with it,
according to tho decision of too question of re
moval by the denomination.”
J. L. D. Hilltee, Chairman.
War. W. Lasdbvsr, Secretary.
The Expenses of tho Government
Estimates for the Next Fiscal Year.
Secretary Boutwell has just prepared his es
timates for appropriations to meet all expenses
of too Government for the fiscal year ending
June 30,1871, which are as follows: Legislative
Department, §5,540,9G4 23; Executive Proper,
$50,440; Department of State, $1,306,713;
Treasury Department, $165,416,701; Interior
Department, $39,993,829 51; War Department,
$50,575,591 30; Navy Department, $28,441,-
761 37; Agricultural Department, $252,070;
Post Office Department, $39,134,764 21; Judi
cial Department, $37,900. Grand totaL $331.-
097,825 62. *
The appropriations last year were $281,415,-
288 61, being $49,682,537 loss than the estimates
for the ensuing year.
The estimates for tha civil service are^ $25,-
731,685 40, being an excess over too appropria
tion of last year of $1,759,331 60. The esti
mates for the military service are $33,845,747 75,
being an excess over the appropriation of last
year of $1,131,258 87.
The estimates for the naval service are $24,-
598,277 37, being an excess over the appropria
tion of las tyear of $9,272,331 37. The estimates
for Indian affairs are $5,048,344 51, being an
excess over the appropriation of last year of $2,-
145,354 58. The estimates for pensions are $30,-
490,000, being an excess over the appropriation
of last year of $11,240,000. The estimates for
public works are $24,625,17355, being an excess
over the appropriation of last year of $19,132,-
173 55. The estimates fer miscellaneous ex
penditures are $5j531,267 82, being an ecxess
over the appropriation of last year of $1,790,-
676 83. The estimates for postal service are
$38,008,224 21, being an excess over the appro
priation of last year of. $7,729,071 21. The es
timates for permanent appropriations are $143,-
219,115, being $4,523,361 less than the appro
priation of last year,
A New York letter of.Snnday says: Father
Hyaointhe is fond of making sudden move
ments. He loft for France to-day abont as un
expectedly as he left Fraaoe for this country,
with the assuranoe, however, that he will again
visit toe United States to fulfil the engagement
whioh he had partially made to lecture in the
principal cities. The vessel in which he has
taken passage is the Pereire. Only three
friends accompanied him from his hotel to toe
vessel, and of these two were members of the
French Benevolent Society. Concerning his
future career he had but little to say on parting,
except that it wonld be governed by events and
by the decisions of the great council to Borne.
A girl ont West, having professed religion,
was so extremely happy that she was afterward
heard singing at the top of her voice that old
hymn, “The love of God is coming down,” eto.
Nothing stops her from singing this song. One
day old Jowler, toe house deg, came to while
she was singing and helped himself to a piece
of meat that was on the table. Folly, observ
ing the movement of Jowler, continuing her fa
vorite song, said:
“If you don’t go out ni knock yon down.
- Ralle Hallelujah,
Ton nasty, s Unkin, lop-eared heunc,
O, gloary Hallelujah!
JBS' rrSJL,ECbJEl-A.FJET:
seasons since the war, the I
Of enpir —ill be ftu
much larger than that of last T e a r Y ! -'^
ciency is universally ascribed to the
of the labor and of thoronoi. ,. Ula 4equw
FROM WASliratiTOJf.
Waseimtox, December 16. — Revenue to-day
$250,000.
Four officers of toe coast survey will accompany
tho surveying expedition to the Isthmus of Darien.
Commander.Morris has been ordered to the Pen
sacola Navy Yard.
Impeachment Ashley has been removed from the
Montana Governorship. Gem Potts, of Ohio, suc
ceeds him.
Hoar will not resign the Attorneyship until con
firmed.
Wm. Jennings has been nominated Assessor for
the Fourth Georgia District.
Customs for tho week ending, llth, $2,191,000.
There is no negro elected to Congress from Vir»
ginia. -
CONGRESSIONAL.
Wasbxkgtox, December 16.—House—Proceedings
unimportant.
The committees have reported nothing.
A hill was introduced to repeal the ten per cent,
tax on the circulation of State banks.
The census bill passed.
Dox was added to tb9 Election Committee.
The President deems tho information called for
regarding Spain unadvisable.
Tho House went into Committee on the Presi
dent’s message.
Hungen read an argument favoring the repudia
tion of the national debt. At its conclusion, Brooks,
Randall, Slocum, and Cox, of Kentucky; and Wood
ward, repudiated Mnngen’s views. The following
passed:
Resolved, That the proposition, direct or indirect,
to repudiate the debt, is unworthy the honor and
good name of the nation, and this Honse, without
distinction of party, sets tho seal of indignation on
such propositions. Adopted—yeas 123: nays 1.
Adjourned to Monday.
Skn’ate—In the Senate the Attorney General
aBked for correspondence regarding Yerger.
Tho Georgia bill is np.
Thurman introduced a resolution requesting the
Attorney General to inform toe Senate immediately,
if any arrangements to which he, on tho part of toe
United States, is a party, exists, where Yerger, now
under arrest and held by the Military authorities of city, not accustomed to exagYrYoY^Y ^*!
the United States, will be discharged or turned over his loss from this cause at thirty I
to the civil authorities of Mississippi, or otherwise
disposed of, to case Congress by legislation, should
take away or restrict the j urisdiction of the Supreme
Court, to hear and determine tho proceeding before
said Conrt for tho discharge of Yerger on a writ of
habeas corpus; and also, if any arrangement ex
ists whereby the hearing of said proceeding, or of
any application for-the issue of a writ of habeas cor
pus therein has been delayed, or is now delayed,
and that he furnish theSenatecopies of all arrange
ments entered into between him, as Attorney Gen
eral, and the counsel of Yerger, in relation to said
case under tho release. Objections being made,
toe resolution went over.
A sharp contest occurred over Morton’s amend
ment, that Georgia’s re-admission be preceded by
the adoption of the Fourteenth and Fifteenth
Amendments.
Carpenter opposed.
Thurman made a strong impression on the Sen
ate to opposition. -•
Senator Bayard spoke strongly in opposition.
Trambnll’8 Judiciaty bill was postponed by a vote
of 31 to 24.
The Georgia bill comes np to-morrow as unfinish
ed business.
A Had Report from
We copy toe following melanchol „
toe agricultural status in Loui 8 i s J>‘«
New Orleans Times, of the 8th s ft5tD ^
_ Thx Great Lo68' from ODD Pn
The sugar and cotton culture of ^
developed more strikiaglv th™
have been easily overcomeTy !• nr S( ^ on
tion of labor. Since the war,
has greatly needed the improved*?® 11 re 3(.
ditches havebeenneglecte^dhtr^
m weeds. It is vain to attempt to
lowlands productive if the ditcheY. det(i **
open and a complete drainage mil? Snt K
experienced planters have found tY ' d ' 0»
of success in sugar raising to ***
4 . g6 ‘ y ic \d A* 8 been uniformly iY ^
tion to the drainage. Hitherto,* P ^
ditches and making levees has belt
Into laborers That class, howeverY^^
late to have abandoned the S(at« ’
groes are unwilling to perform th Y , ^ %
they attempt it, it is always Yrf'Y 1 **
unsatisfactorily done. Without Sff&J*
and leveemg the 8u RV culture in S
cease to bo profitable.
Besides the drainage work i v
field is no longer done as in the old Y° r - ia ^
to be. The consequences are that
sugar this year will not average a h»iA pe, d «
to the acre of land which, fa
with Irito labor to ditch and ,
slave labor to cultivate the fields, mni ^
average of two hogsheads to theatre ^ 181
So much for sugar.
Now for cotton. We have the
most authentio testimony for the 11111
one-fourth of the cottoif which lS?° n ^
the fields in this State, has been ®
of hands to pick and save it
which wiU be closed by Otafatawf
tend through the month of January {TS
to gather tt could be commanded" Tn **
the upper and most productive eott™»2? €
toe fields are as white as ttSSjH'fei
snowed upon, with the cotton that hasM
the ground. One planter and a mercW„ J 8
lar % which *
saved rf the negro women on his nwSl
turned out to help to pick when the «£ J
open. If the loss has been eorre.Yv 1
large in the other Southern States, the .
gate of waste will amount to fifty’miliiJFlil
dollars of lost or wasted value to the cm*! I
and the world.
FROM VIRGINIA.
Chakdottesviixe, December 16 Dr. Oliver, an
Englishman of prominence, was shot and killed at
o’clock, this morning, by Mr. George O. Ayres, of
Fauquier county, who charged him with having se
duced his daughter while visiting his house some
months ago. Ayres arrived in townyesterday after
noon, but found Oliver out of town.. This morning
he went to his house, and called him out of bed.
Oliver advanced to shake hands, when Ayres com
menced firing, pursuing him back into his bed room
and killing him with three pistol shots.
Mr. Ayres is a highly respectable planter of Fau
quier county, and a prominent member of the Bap
tist Church.
Mr. Oliver was well known in Virginia as an agent
of an English Immigration Company, and had
brought a large number of Scotch immigrants to
Virginia. Ho delivered a public address on the sub-
joct of immigration at the late Agricultural Fair.
He was last from' Birmingham, England—was
aboutforty of years of age, and of fine personal g 1483 , to be humbugged by such lullabies srii
appearance. An improved rifle, patented by him. j aovatlou ^; No > sir . ® au J ca P ltD, ‘‘ ;t ' T"
foot fto tT ,- J • General Green, except, at least, upon the saw
took the premram at the last Fair. j lation that we first Y allowed to undergo dJ
Rich3io>’i>, December 16. Ja tbe firefc of tho Homestead's inuoculating process for shori
saI. Taa : 1; __ n v - » W « ° 1
These two facta in regard to sugar and coth. I
waste of one-third to the one product itSI
one-fourth in the other, embody the BoriS
and eloquent argument yet afforded of
adequacy and nnreliableness of the preYil
bor m the sugar and cotton growing re-ioa to I
regard this as the test season. TneVcJI
have received the very highest wagea SI
contracts have been dictated by them nj
planters have been at their mercy. The nesroal
have been interested in the result. Theydwl
had every right and freedom they claimed
yet here are the results in the loss of so nwl
millions to our people and to the world. |
Will not such facta demonstrate to allseuiiil
minds the necessity of a new and mnm »s t jJ
class of laborers, and the folly of expecting al
maintain an agriculture which is subjected tl
such burdens, losses and dangers from the a I
efficiency and rapid decline of the onlyiitel
that can now be commanded? What has"oe®|
red this season, generally so unfavorable to ra|
products, will be repeated the next se«on, pc>-|
haps aggravated by less favorable meteordcpJ
cnl conditions, and with au augmented tendtajl
to the decline and demoralization of on: hbt|
Thus it will be an arithmetical calculetka dl
easy solution when these two great staples vl|
cease to be cultivated to this country, aid &|
forty or fifty millions of inhabitants of bt|
United States will be compelled to look to it I
mote foreign countries for all the cotton
sugar they may demand and consume,
Crab Grass Ray.
From Vie Monroe Advertiser.]
To us who, nearly all our lives—in crop dal
—have been engaged to killing anddestrorafl
crab grass, the idea of a truce, looting to i|
treaty of peace with our inveterate and iffl-l
pressible crop enemy “ seems moMtroes;l
strange.” That crab grass can be made tophi
a valuable crop, and a series of them, moriH-l
munerative than “com and cotton,” is a pnpl
sition too absurd to be seriously entertained I
We have toiled too long to keep out of til
week, in Leo and Marion counties, on the border of
Tennessee, Assistant Assessor Smith and an United
States cavalryman named John Boyle were shot and
badly wounded by bushwhackers, while searching
for illicit whisky etills in the mountains. Supervi
sor Preabey is making efforts to induce tho Govern
ment to offer a reward for the arrest of tho parties
who attempted the assassination.
At Charlottesville, to-night, tho Coroner’s jury,
the case of Anthony R. Oliver, who was killed
this morning by Ayres, gave a verdict in accordance
with tho facte. Ayres went to Savannah and gave
himself up, where several prominent citizens, in-
eluding two or three clergymen, visited him. The
wife of Oliver was present when her husband was
shot.
GEORGIA BONDS.
Atlanta, December 16.—The holders of Georgia
State bonds, issued since toe war, express great
anxiety and fear regarding the measures before
Congress effecting the Georgia Reconstruction. Be
sides the regular State bonds, a large amount have
been issued granting State aid to railroads, all of
which they feol would bo seriously and dangerously
effected by too much Congressional interference.
FAILURES In’neW YORK.
New Yoke, December 16.—The following fail
ures are announced: L. Eagerton, Carpets, half a
million; Isaac Prayer, Dry Goods, liabilities large;
George Wight, Park Hotel; James Beck, Skirts ;
Boaworth, White & Belcher, MiUinory; Cowles &
C&so, Cotton Yam; LeGrain^ Dry Goods; Rosen
heim, Millinery; Baker & Montague, Feed; Jacob
Ware, also Howard, Gale k Co., ot Baltimore, Dry
Goods, liabilities seven hundred thousand.
SOUTH CAROLINA LEGISLATURE.
Columbia, S. O., Decomber 16.—A bill to pay to
coin the interest of the State debt, $6,183,349,
passed in the Legislature to-day, as also did the
bill requiring insurance companies doing business
in the State to deposit with the State $50,000 of its
bonds.
STEYENSON ELECTED.
Louisville, December 16.—Stevenson has been
elected, receiving 117 votes.
FOREIGN NEWS.
Pasts, December 16.—Figaro ssys Count Dorn
demands, aa a preliminary to entering the Cabinet,
that the Orleans princes be allowed to enter
France. The Emperor replied that the Republic
had exiled them, and concluded to see Nee again
on this interesting subject.
The Duchess of Genoa protests against the Duke
receiving the Spanish throne.
Loxnorr, December 16.—It is reported to-day that
the Suez Canal is to be dosed for new excavations.
Madrid, December 16.—All necessary measures
have been taken for the proclamation of the King
of Genoa, shortly after Christmas.
Mr. Peabody’s will is not yet probated. The
contents are substantially as follows: Of prop
erty in England under £400,000 he gives £5000
to each of his executors ; £150,000 to the Lon
don charity, payable to three years, and a few
small charities to individuals. The balance is
divided among his relatives. In America George
Peabody Bussell and two other nephews are
made residuary legatees, and are empowered to
settle all of his property to America, which is
estimated at between $750,000 and $1,000,000.
The students and unmarried officitRb of Berlin
are about to establish a sort of co-operative
kitchen, where a good dinner and a mug of beer
will cost only ten cents.
The English have gotten another joke against
toe Sues Gens? land drifts and vtog
fogs this time.
Two millions to Confederate securities
brought $35 to New York, Wednesday.
Kino of Chills is sure and certain.
Dumb Ague—ns a Xing of Chill*.
Children can use Xing of Chills.
of-funds.
But seriously: Occasionally late iu tie se*s
when the grass, from age, has become ned
worthless, we “pull” a little which suffers;:]
ther injury from dew to curing, and the want i|
proper and timely attention in stacking or iH
mg. From these little experiments, if ice
they may be called experiments, we hastily c<
dude that in this, latitude hay-making ‘‘f
pay."
For several years I have been observing»
operations of a farmer of small means—■*
hailing from a grass cultivating locality—
have really been astonished at the increa
amount of excellent hay which he annnallja 8
from a very small plat of’ poor land Brtir*
his ground thoroughly to early spring, end i
the lapse of a few weeks giving it wd
ploughing to destroy weeds, etc., nofnrtto»|
tent ion is given it, except to keep off stock *■
til the grass is to full bloom. He thenna'
his first cutting, and afterwards, whenaau:
to tho same .stage of maturity, one or two i
cuttings.
Last spring I prepared one-fourth of
of thin grey land for watermelons, but tier®
being kept back, and many of them
by inserts, my melons were bat few in
nnd of inferior quality. After a rain is
thick coat of grass sprung up. Not bctoS 8 .
fied with toe small return I had received Ws
labor in the preparation of the .
collecting the success of my man of hay-sa
propensity, I determined to let it “go 10
In consequence of the dry and extremal rr
weather, it grew slowly, but after so Iong‘^T
I found it in full flower, and immediately^]
cut and spread—bunching at.night ana vT
ing after the dew was off in the monmt,' •
several days. •
In this one cutting, from one-fourto
acre, measured, I obtained three tso-_-
wagon loads of hay—piled and trod <W* T
ns could be hauled—equal in bulk,
value, to the fodder usually gathered h® ,
or seven acres of land in corn ; and le« ‘
ground a thick mat of stubble, co m r‘ s '*; rt ‘J
tecting it from washing until turned ur ‘ 1 '- j
tiie next crop. I shall try it again. , u
Bolling and broken lands, cultivate' '
or fifteen years iu cotton, will be*®” 1 , j s
gullies and worn out. The same kind o ^
with proper care and attention, if 10,1
com, grass, peas, small grain, and
five or six years in cotton, will 1 331 ,,
And then toe stock 1 Huge porkers,» ^
etc., with great pens of domestic gi ,an0, _
than “Peruvian,” and not costing F®.
net proceeds of three or four acres culJ . J
cotton. But here’s the rub: tbe c0 'y_ i _, rf l
tonal attention of the proprietor is nece**, ■
There was a romantic meeting 0a
train to Iowa, a few days since. At»
place a middle-aged woman entered ^
gentleman arose and offered her a se»
him. She had just seated herself
claimed: “Oh, my God I” Both of ‘ „
sprang to their feet, and whileta^i)
other, tho gentleman said: “Is it ^
strangely we have met! but let as pa** j
I am going to my wife and family; ) ■
some, to meet yonr husband. ” The u J a
’We may part friends and wiser w*rL..t
were. My experience has been »
doubtless yours has been the same- *
oblige me by Btepptog into the De* 1 ^ „
parties shook hands and separated, .g j
ago a petty quarrel resulted u> ®
parties. Both had sinoe married I
learn that the old love had not died
The Indianapolis Mirror says: ‘‘A
of thia city attended a select gsthenng^l
female acquaintances at the
young lady friend reoentiy, and Jjjj«
cidentally discovered that he had y o
button. But its whereabouts be
cover. They hunted and hunted,.
tog sleeve button «K>wherew^i
The party separated abont rntdrug ^
young lady'friend retired l L p *iBfr,j
room and began the process of i
the drees was opened, the foo**#
tbe floor, its jingle being almost dro
suppressed shriek.”
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