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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