Newspaper Page Text
Telegraph. & Messenger.
TUESDAY MOKRISa, SEPT. 5, 1871.
Decisions or (ho .Supreme Conrt of
Georgia.
DELIVERED AT ATLANTA, TUESDAY, AUGUST22,1871.
From the Atlanta ComlUution. |
Lucy U. Thompson va. J.I. J. Moses. Dower,
from Muscogee.
McCay, J.—IVhen ono filed bis petition to bo
declared a voluntary bankrupt, and two days’
thereafter a tract of land belonging to him was
sold by the sheriff, under a fi. fa. from a court
of this State, against the petitioner, which had
been previously levied, and the petitioner was
afterwards declared a bankrupt but died before
Iho proceedings in relation to his bankruptcy
were concluded:
Held, That the sale by the sheriff was a good
sale, and divested tko title of the bankrupt, that
no title to the property ever vosted in the as
signee, and tbo pnrchaaor nt tho sheriff’s aalo
got a good title, even as against tho wife’s right
of dower nndor tho laws of this State.
Judgment affirmed.
If. L. Benning for plaintiff in error.
M. H. Blanford, it. J. Moses, for defendant.
Win. L. Stapler vs. Joe. F. Burns. Assump
sit from Mnscogeo.
McKay, J.—Under section 3755 of tho Code,
blank indorsements of nogotiablo paper may
always be explained between the parties them
selves, and when taken with notice of dishonor,
or of the actual facts of such indorsement; and
where ono indorsed a note payable to his order,
with tho distinct agreement that he did so only
to pass the title, and that ho was to bounder no
liability as indorser, and tbo plaintiff in the suit
took the paper with fall notico of tho facts:
Held, That the conrt erred in sustaining a
domnrer to a plea folly sotting up this defense
by the indorser.
Judgment roversod.
Blanford A Thornton, for plaintiff in error.
No appearance for defendant.
B. F. Moore, guardian, etc., vs. Jackson M.
Gill, administrator. Bill of Beviow, from
Marion.
McCay, 3.—Where, on a bill filed by an exec
utor, for direction and for tho distribution of
the assets, to which tho heirs, legatees, and
creditors, more parties, there was a former de
cree distributing tho assets.
Held, That tho widow and minor children
were not entitled to a bill of reviow on the ground
that no homestead and exemption was decreed
to them according to the Constitution and laws
of tho Stato.
If they were entitled to such a homestead at
the dato of the decreo, they should have set it
up, and if they wore not, any subsequent law
will not, without express words, bo hold to au
thorize tbe doorce to bo assigned so as to let in
the claim.
J udgmrnt affirmed.
B. B. Hinton, for plaintiff in error.
John Peabody, M. H. Blanford, for defendant.
Sankoy & Shorter vs. Hall, Moses & Co. Com
plaint from Muscogee. And Sankey & Shorter
vs. Columbus Iron Works. Complaint from
Mnsoogeo.
McCay, J.—Where on tho trial and issue of
partnership or no partnership, one witness swore
that tho capital stock, to-wit: a steam saw mill,
was furnished by one, and the bands to run it
by another, who was also to superintend the
work, and fhat tho profits wore to be divided
equally between two; and another witness sworo
that tbe mill, fixtures and hands wore famished
by ono, and that tho other was employed by the
first as superintendent only, that he had no in
terest jointly with the first in the profits nnd
losses, bnt was to receive one-half tho not profits
for his services, and had only a common interest
in tbe profits:
Held, That under section of tho revised
code, by tho testimony of tbo first witness there
was as to third persons, a partnership, since the
be.nds furnished a part of the cnpilal stock, and
the partners had a part interest in the resnlt,
but that by tho testimony of tbe second witness,
no copartnership, even as to third persons,
arises from thosimplo fact that ono is to receive
half tho profits for his services; such an one
has no joint interest in tho profits nnd losses,
but only a common interest in the profits, and
it is error in the conrt to charge this as tho law
to the jury, if they should believe the second
witness.
9. Whatovor may be tbo interest of the par
ties, and whethor they be, in foot, partners un
der the bargain or not, they will be liable ns
snob, if they so act as to hold themselves out to
the world as such.
3. Partnership or no partnership is a fact, and
a witness may so state, but the fact so stated
may be qualified and explained by other facts
in evidence, either from tho witness or from
other testimony.
4. Objections to interrogatories on tbe ground
that they are leading must be made when they
are presented to tho objector, to bo crossed, and
before they aro executed.
5. The sayings of ono of tho partners, not ex
pressly or by implication brought to the knowl
edge of tho other, nre no evidenoe against that
other, in an issne of partnership or no partner
ship.
Judgment reversed in eaeli case.
James 31. Bussell for Sankey A Shortor.
Peabody A Brannon for defendants in error.
Mary H. Dillard vs. The Manhattan Life
Insurance Company. Assumpsit, from Mus
cogee.
MoUay, J.—When r wifo insured tho life of
a husband in 1850 with an agent of a New York
insurance oompany, nnd paid the annual pre
miums promptly until 1862i bnt then failed to
pay said preminms until March, 18C5, and after
the close of the war, she tendored the unpaid
premiums and demanded payment of the sum
insured, alleging that she was prevented by the
war and by not of Congress from paying them
year by year on the day fixed in the policy:
Jletil, 'that the contract of the company for
any further risk was dependent upon the pay
ment of the annnal premiums as they severally,
by tho assessment, were to be paid, and the fail
ure to pay, for whatever reason, could not be
remedied by a tender of tho preminms after the
death of tho person, whose life was issued.
Jndgmeut affirmed.
H. L. Benning, Jas. M. Russell, for plaintiff
in error.
Smith A Alexander, for defendant.
Barnett A Co. vs. Blackmar A Chandler. As-
sumpset, from Mnscogee.
Wasxzr, J.—This was an action bronghtby
tho pliantiffs against the defendants as partners
using the firm name of “Barnett Lino of Steam
ers,” to recover for services alleged to be dne
them under a parol contract. The defendants
plead that the alleged contract was not to be
performed within one year from the making
thereof. On the trial of the onse, several excep
tions wore taken by tko defendants to tbe rul
ings of the court, as set forth in the record, nnd
they also excepted to the charge of the conrt to
the jury. That part of charge complained of
is in the following words: “If (ha plaintiffs on
the 1st of October entered on the performance
of sajd contract, and did any act under said
contract, then, there has been a part perform
ance of paid contract, and. this would render it
a valid contract, and entitle the plaintiffs to ro-
QOver
Held, That this charge of the conrt was error
in view of tho facts contained in the rtcord!
The court should have charged the jury, th a t jf
there had been such a part performance of the
ooutraet on the part of the plaintiffs as would
ten'V r it a fraud on them by tbe refusal of the
aJantsto comply with tbe contract on their
, art. that would render it a valid contract and
enti! ..> the plaintiffs to Teeovcr: dp
also. That those was no error in the
ruu.igsof the court on the other exceptions
.-pecined in the record.
•”idgmant Bffirmed.
iidm Peabody, R. j. Mosoe, for pMhilifife in
femrtnosf AK>IJm<3tr > M - H. Blanford, for de-
JUST ARRIVED,
THIRTY BUSHELS NEW CROP
OINTOISr SETS.
ONION SETS, (white)
ONION SETS, (ted)
ONION SETS, (yellow)
At wholesale or retail, by
J. H. ZEILI^A CO., Wholesale Druggists.
TARRANT'S AND THORN’S
COM. EXT. COPABIA AND CDBEBS.
MATHEYS’
CAYLIS CAPSULES COMPOUND.
J. H. ZEILIN A CO., Wholesale Druggists.
ERNEST PESCHKE’S
Macon. Standard Mean Time,
H
AYING perfected my arrangements to correct the slightest error in the timekeeping of myfine
m _ jm . Begulator, by the erection of an obsorvatory and one of the most approved TRANSIT INSTRU
MENTS, for the purpose of observing the meridian passage of the sun and stars, I will be able to keep
the exact Macon mean time to within a fraction of a second.
Especial Attention paid to the Repairing and rating of line Watches, as well as all
hinds of new work made to order. api6-tf
STUIWelL BROS.,
l? ni im vY st., new York,
MANUFACTURERS A>'D JOL.SE** OL ,
BOOTS AND SHOES
Eiprossij for
Southern Trade.
JOSEPH LaBOYTJSAUX, S.lotm.n.
June 30-3meod
SEND YOUR ORDERS FOB
DR. SAGE'S CATABBH REMEDY,
WTLHOFT’S ANTI-PERIODIC,
AYEB'B PREPARATIONS,
DRAKE’S, HOSTETTER’S
and VINEGAR BITTERS,
TO THE OLD WOODEN DRUG STORE
sep3 tf J. H. ZEUJN A CO.
GRASS SEEDS.
J^ED CLOVER,
ORCHARD GRASS,
BLUE GRASS,
HERDS GRASS,
HUNGARIAN GRASS,
and LUCERNE—
All of this year’s crop—just received.
HUNT, RANKIN A LAMAR, Druggists,
FERTILIZING CHEMICALS,
FOB WHEAT AND OTHER FALL CROPS.
SULPHATE A3IMONIA,
NITRATE SODA,
SULPHATE SODA,
MURIATE OF POTASH,
GERMAN SALTS POTASH,
DISSOLVED BONES,
And all material for Home Made Feitilizers, of the
best quality, and at the lowest prices. Our stock
of the articles will always be large, and prices in
quantity as low as they can be brought here.
HUNT, RANKIN A LAMAR, Druggists.
anf>29 tf
CARRIAGES,
BUGGIES & WAGONS,
Wo are now receiving daily a largo stock of
Victorias, Cabriolets, Phaetons,
Single and Double-seated Buggies
WAGONS, DRAYS, Etc..
AT oca
Branch Repository, Third at., Mncon, Ga.,
Where if you will call on Mr. A. W. Chapman, he
will sell or order any kind of vehicle that yon want.
MR. W. W. WOODRUFF is now at
Headquarters, 678 Broadway, New York,
Having Manufactured, selecting and shipping,
ESPECIALLY POP. THIS MARKET.
aug!7tf
DEMAREST A WOODRUFF.
THE “WALLIS” TIE
Diplomas for Best Cotton Tie
GKANTEO Ijy
LOUISIANA STATE FAIR, April, 1870.
GEORGIA STATE FAIR, October, 1S70.
COTTONSTATES FAIR, October, 1870.
MISSISSIPPI STATE FAIR, October, 1870.
ALABAMA 3TATE FAIR, November, 1870.
Xade of tbe Best' English Iron
RAPIDLY AXD EASILY ADJUSTED.
OCTAVUS COHEN A CO.,
General Agents, Savannah, Ga.
LIGHTFOOT A JAQUES,
ang31 1m Agents, Al&con, Ga.
AGENCY
STEVENS’ POTTERY.
DIAMONDS, WATCHES,
G»
%
CD
©
©
5S
P.
m
©
©
Having accepted tbo above agency, we are prepared
to fill orders for
STEAM PRESSED, DOUBLE GLAZED, YITIIIF1ED
Drain, Sewer and Water Pipe,
. Smoke and Hot Air Fine Pipe,
CHIMisrE Y TOPS,
FIRE BRICK IN ANY QUANTITY,
GREEN HOUSE TILE, ETC.
The above wares are all Georgia made, and being
equal in quality and cheaper in price than the
Northern made, Bhonld receive the patronage of all
who aro disposed to encourage homo manufactures.
JONES A BAXTER, Agents,
aug20tf 100 Oherry street.
AND SILVER-WARE.
Watch Work and Kepairlng at Shortest Notice, and Warranted.
AGENCY OF THE GROVER & BAKER SEWING MACHINES.
jnne 14-tf
Schofield's Iron Works,
ADJOINING PASSENGER DEPOT, MACON, GA.
STEAM ENGINES AND BOILERS
op jaLiinr hequiubid size.
SAW MILLS,
GKRIST MILLS,
MILL aEAEING-,
GhLJST G^AJRLSrCI,
(ORDINARY, OR GRAHAM’S EXTRA HEAVY),
SUGAR HILLS AND KETTLES,
IRON RAILING,
OF ANY DESIRED S1YLE, AND AT PRICES LOWER THAN ANYBODY:
SHAFTING, PULLIES, ETC.,
AU or any Machinery, put np at first-class IRON WORKS, put up in tho beat style and at prices to suit
the times. Give ua a call before purchasing. Wo will sell low for CASH.
J. S. SCHOFIELD <fc SON.
STILL AHEAD.
Our WROUGHT IRON COT
TON SCREW PRESS is the only
Cotton Press that has stood the
teat, being used ever since the
close of the war. and Is in greater
and moro increasing demand than
Onr WATER or STEAM POWER PRESS is
becoming
VEHT POFXTIjAK,
Being the
MOST ECONOMICAL
to those h ivu g a
WATER POWER OR STEAM ENGINE.
It can also be inn from the band wheel 8b&ft
of gin gear.
COME ONE !
COME AJLLlf
TO TOE
Great Southern Brain aifl Pmisiaa Emu
— OF —
SMALL & GAMBLE,
61 Third Street, Macon, Ga.,
GUILFORD & HILL,
Musical Emporium of Georgia.
THIS PIANO FOR SALE AT
290!
SEWING MACHINE.
T HIS Machine stands without a peer for simplic
ity, durability and variety of work.
SPECIAL PREMIUMS, GEORGIA STATE FAIR.
For the best specimen of work done on this
machine (money) $25 00
For beat operator, under 12 years of age,
(gold badge Of honor) 20 00
aug 22tf
GUIDE.
A BOOK FOR THE MILLION.
MARRIAGE
nedorthoseabeut
to marry, with the
latest discoveries
on the physiolog
ical mysteries and revelations of the physical sys
tem, howto preserve the complexion, etc..
This is an interesting work cf 224 pages, with num
erous engraving, and contains valuable information
for those who are married or contemplate marriage;
still it is a book that ought to be under lock and key
and notlaid carelessly about the houso.
Sent to any one (free of postage) for 59 cents.
Address Dr. Butt’s Bispensary, No. 12 N. Eighth
street, St. Louis, Mo.
NOTICE TO THE AFFLICTED AND UN
FORTUNATE.
Before applying to tho notorious Quacks who ad
vertise in public papora or using any Quack Rem
edies, peruse Dr. Butts' work, no matter what year
disease is or how deplorable your condition.
Dr. Butts can bo consulted, personally or by mail
on tho diseases mentioned in his works. Office, No. 12
N. Eighth street, bet. Market and Chesnut. St. Louia,
Mo.
LOOK TO YOUR CHILDREN.
THE GREAT SOOTHING REMEDY.
MRS. Curos Colio and Grip- PRICE
WHITCOMB’S ing in the Bowels, and 25
SYRUP. facilititates the process CENTS:
MRS. of Teething. Subdnes PRIOR
WHITCOMB’S Convulsions and over 25
SYRUP comes all diseases in- CENTS*
MRS. oident to infants and PRIOR
WHITCOMB’S Children. Cares Di- 25
SYRUP. arrhea. Dysentery and CENTS.
Summer Complaint in
children of all ages.
It is tho Great Infant’s and Children’* Soothing
Remedy in all disorders brought on by teething or
any other cause.
Prepared by tho GRAFTON MEDICINE CO- St
Louis, Mo.
Sold by Druggists and Dealers in Medicine every
where. auel7-dAwlv
The Great Medical Discovery 1
Dr. WALKER’S CALIFORNIA
VINEGAR BITTERS,
p Hundreds of Thousands j
Bear testimony to their Wonder-
?o ful Curative Effects. i s5
tijsWHAT ARE THEY?|*=S
CABLE SCREW WIRE,
BOOTS AND SHOES.
ABE
Claimed to be the Beat,
Acknowledged to be tbo Best,
Proved to be tbe Best.
THEY ABE THE
Host Pliable, Most Teonomiral, Bloat Com
fortable, Bowl Ifnrabte.
WILL NOT RIP.
Rapidly superseding Sewed and Pegged Work. Tbo
Patent Stamp is on all.
SOLD BY ALL DEALERS.
A a ngle trial will make good all these claims.
augJl im
CAUTION.
rrt HE public are hereby notified that I will not be
A- responsible for any debts contracted by any
body uulesa by an order from mvself or wife.
angl7 dlawlm F. H. ALLEY.
Our HAND PRESS ('ndeed, as all of them are,) is
tco well known, and lias established itself as the
PLANTER’S FAVORITE. As there is no comparison
between a cart and a WROUGHT IRON SCREW, we
do not recommend CAST IRON SCREWS, though we
make them for those wanting a CHEAP Press.
pF|
' Send us your orders, or send for Circular and Price
THE WILCOX PATENT HOUSE POWER
■\ye claim to l>e SUPERIOR TO ANY OTHElff for Ginning Cotfon, and it is the only Horse Power
made that we know of that can supercede the ordinary Gin Gear.
py2S d-twtf
J. S. SCHOFIELD & SON.
- e „ fUEV ARE NOT A VU.E 5 S S
*«F A N C Y DRINK.sfl
Mado of Pool* Rum, Whiskey, Proof
Spirits and Refuse Liquors doctored, spiced
and sweetened to plcasa the teste, called “ Ton
ics,Appetizers,” 44 Kestorcrs,” *c., that lead
the tippler on to drunkenness and ruin, but are
: a true Medicine, made from the Native Foots and
Ilerbsof California, free from all Alcoholic
Stimulants. They are the GREAT BLOOD
PURIFIER and LIFE GIVING 1‘RIN-
CIPLE a perfect Innovator and Invigorator of
the System, carrying off all poisonous matter and
restoring the blood to a healthy condition. No
- person can take theso Bitters a* wording t" <?lrec-
tion and remain long 4
For Inflammatory anV itheu-
inntfsm nnd Gout, Dyspepsia or Indl-
srestiou. Bilious, Remittent and Inter
mittent Fevers, Diseases of tho Blood,
! l*Iver, Kidneys, and Bladder, these Bit
ters have been most successful. Such Dis
eases are caused by Vitiated Blood, *whicli
is generally produced by derangement of the
^creative Organs.
—* DYSPEPSIA OR INDIGESTION’.
Headache. Pain In the Shoulders, Coughs, Tight
ness of the Chest, Dizziness, Sour Eructations ot
the Stomach, Bad taste in the Month Bilions At
tacks, Palpitation of the Heart, Inflammation of
the Lungs.Painin the regions of the Kidneys, and
a hundred other painful symptoms, are the off
springs of Dyspepsia.
They invigorate the Stomach and stimulate the
torpldliver and bowels,-which render them of un
equalled efficacy In cleansing the blood of all
impurities, and imparting new life and v^gorto
the whole system.
FOR SKIN DISEASES, Eruptions,Trittcr,
Salt Rheum, Blotches, Spots, Fimplcs, Pustules.
Boils, Carbuncles, Ring-Worms, Scald-Head, Sore
Eyes, Erysipelas, Itch, Scurfs, Discolorations of
the Sldn, Humors and Diseases of the Skin, of
whatever name or nature, are literally dug up
and carried out of the system in a short time by
the use of these Bitters. One bottle in such
cases will convince the mo^'ucredulous of their
curative effects. >
Cleanse the Vitiated Blot>a whenever you find
its impurities bursting through the skin in Pim
ples, Eruptions or Sores; cleanse It when you
2nd it obstructed and sluggish in the veins;
J cleanse it when it is fcul, and your feelings will
tell you when. Keep the blood pure and the
.health of the system will follow.
-.ffiNv TAPE and other WORMS, lurking its
tnjsysv'mof so many thousands, aro effectually
destroyed and removed. Eor full dlrectior»s..Vad
carefully the circular around each bottlo. ‘
J.'WALKER, Proprietor. B. H. MCDONALD £
CO., Dniggists and Gen. Agents, San Francisco,
Cal,, and 32 and Si Commerce Street, New York.
SOLD BY ALL DRUGGISTS AND DEALERS,
AND BUY YOUK
CORN, B^COUST AND BLOTJB
At the lowest market price, either for cash, or on time.
SPECIALTIES :
FLOUR, TOBACCO AND WHISKY,
. SMALL & GAMBLE,
Send your orders for the colobratod HAZOB CHOICE EXTR1 FAMILY FLOUR, guarsnteed
the best made. to be
SMALL & GAMBLE,
AU orders for CORN, BACON, FLOUR, HAY, OATS, LARD, MEAL, SUGAR-CURED H»uo
Wheat, Bran, Syrup, Sugar, Coffee, Tobacco, Liqaors, will receive prompt attention, at the kur»tT 3 '
ket prices, and satisfaction guaranteed. 1 ““r-
SMALL & GAMBLE, 61 Third st., Macon.
jy6 ly
LAWTON <fc WILLINGHAM.
SUCCESSORS TO LAWTON & LAWTON,
COTTON JTA.CTOR8,
Warehouse and Commission Merchants,
FOURTH STREET, MACON, GA.
JN Publishing onr card, we claim nothing more for ourselves than a determination to do our
DUTY towards onr customers. By strict attention to onr business, and studying the interest of our
patrons we have been able heretofore to give satisfaction, and now have no apprehension that all via
will give ns a fair trial will continue to patronize onr house.
angl6-3m
LAWTON & WILLINGHAM.
JOBBING- TRADE
CHARLESTON, S. C.
FOR FALL AND WINTER OF 1871.
T HE subscribers. Jobbers and Wholesale dealers in the city of Charleston, S. C , beg to call thest-
tention of the Merchants of the interior of this and the adjoining States to this market, as
now one of the most desirable in which to procure full supplies of all articles they may require.
The wants of the country having rapidly increased, with ample facilities to enable us to procure
supplies direct from first hands in Europe and this country, wo are now prepared to exhibit more vrriea
and complete stocks of seasonable goods than at any period since the war, and will dispose of them <n
as good terms as any other market.
“ Daily facilities afforded for shipment of Goods to any point desired.”
DRY GOODS.
EDWIN BATE8 & CO., No. 124 Meeting street. I MARSHALL & BURGE. No. 143 Meeting street
JOHNSTON, CREWS & CO., No. 41 Hayne street. CRANE, BOYLSTON * CO., comer Hajne uai
| Meeting streets-
CLOTHING.
EDWIN BATES A CO.. No. 122 Meeting street.
,FANCY GOODS, NOTION'S, ETC.
STEELE & WARDELL, No* 1G7 Meeting 3trest.
Fancy Goods, Notions and Milline y*
JOHN S. FAIRLY & OO., No. 37 Hayne street- | SELL A FOSTER, No. 27 Hay:
BOOTS -A-ISTD SHOES.
D. F. FLEMING k CO., comer Hayne and Church 1T. M. BRISTOLL & CO. No. 145 - ( “K.
streets. | E. B. STODDARD A CO., No. 163 >tu>S ltree ”
HATS AHSTD GAPS.
THOS. M. HORSEY A BRO., No. 25 Hayne street 1 EDMONDS T. BROWN, No. 43 Hayne street.
J. E. AD3ER A CO., No 139 Meeting Street. | HART A CO., No. 39 Hayne street
C GRAVELEY, Corner East Bay and Boyce’s Wharf.
SADDLERY, SADDLERY HARDWARE, CARRIAGE MATERIALS.
R THOMUNSOX A CO, No 137 Meeting street.
DRUGS AND MEDICINES,
GOODRICH, WINEM.AN A CO, No 35 Hayne street.
CROCKERY AND GLASSWARE*
WM L WKBB, No 123 Meeting street.
GROCERIES.
GEO W WILLIAMS & CO, comer Hayne and Church streets*
GROCERIES, LIQUORS, ETC.
J A QUACKENBUSH. No 122 East Bay street. | W H CHAFEE A CO, No 207 East Bay street.
BOLLMAN BR03, No —, East Bay street.
PAINTS, OILS, GLASS, ETC.
HOLMES A CALDEB, No 205 East Bay street. | WM M BIRD A CO, Comer East Bay anS Cob**’
j land streets.
Job Printer, Stationer and Bookseller.
EDMUND PERRY, No 149 Meeting Street.
Type and Printing Material, Paper, Stationer^
Job and Book Printing.
WALKER, EVANS A COGSWELL, No-3 Broad street and 109 East Bay street.
augUeod2m