Newspaper Page Text
sou
HERN BANNER: FEBRUARY 5, 1878.
SUPREME COURT.
Decisions Rendered at the
.January Term* 1876.
/ i T*
BO > '4i;KV.n ITftNXKB, CHIEF JUSTICE, UOXS.
M>lA\ I.. Itl.KCKl.KY AXD JAMES JACK-
HON, ASSOCIATE JUSTICES.
UKl’ORTKD FOB THE CONSTITUTION BT
•I EERY JACKSON, 1WQ., SUPREME
COURT REPORTER.
Slaves vs. Menders. Case, from
Lumpkiii.
WARNER, C. J.
The plaintiffs brought their action
against the defendant to recover
damages for obstructing a certain
water course which ran through thei*
respective lands, called Wahoo creclc,
whereby the land of the plaintiffs
was injured by back water, deposits
administration were granted to him things,
in that state, where lie now resides; hition,
nit at the time of the disso*
lie slock was worth over
that defendant lias given bjnd and ; fifteen I mdfed dollars, and that he,
security to thelordinary, as the na-
i oral guardian of his said children, as
required by law. and prays, as the
natural guardian of his children, that
the plaintiff shall not be allowed to
take said money to the State of Tennes
see, but shall be compelled to pay to
defendant, as the natural guardian of
his children, out of said money, the
seventh part of the intestate’s estate,
to which they would be entitled, as
the distributees thereof. The court
struck out tho defendant’s equitable
plea, and, on the trial of the case, the
jury found a verdict fot the plaintiff
fot tbe sum of $271 69. A motion
was . made for a new trial, on the
grounds therein stated, which was
overruled, aad the defendant except',
ed. 1 There was no eirror in strikiug
the defendant’s equitable plea, in
of sand, etc., and rendered unfit fbr -rW of the facts alleged therein.
cultivation. On the trial of the case
the jury found a verdict for the
plaintiffs for the sum of $100 The
di-lendant made a motion for a new
trial on the grounds therein stated,
which was overruled, and the de
fendant excepted. The evidence on
the record as to whether the obstruc
tions placed in tiie creek by tbe de
fendant injured the plaintiff’s land as
alledged by them, was conflicting.
If the jury believed tbe witnesses of
the plaintiff as to the injury done to
th<£^tap;the*t> Is sufficient evi- Ja*,vo
deuce to sustain the verdict, and
therefore, it was not contrary to law
nor the evidence. The judge certi
fied that he charged the jury substan
tially as reqnested by defendant’s
counsel as to the obstructions in the
creek backing the water on plaintiffs
land during unusual floods, etc. The
jury yiptnyo were-iouch bet
ter calculated" topulge of the credi
bility of the witnesses sworn on the
trial than we possibly can be, and as
the judge before whom the case was
tried was satisfied with their verdict,
we will not disturb it.
Let the judgment of the court be
low be affirmed.
jSfarler & Perry, lor plaintiff in
error.
W. P. Price, for defiaijlaut. , i j
tttat I tliis!
the adr inistrator, claimed to be en
titled to me-half thereof, with inter
est. Ill neither offered expressly to
Ret off tie claim, nor prayed judg
ment tin refor. The action and the
plea retrained pending until Febru
ary, 1875, when the action was Vol
untarily dismissed by the plaintiff
therein. The administrator, in July
thereaft^*, filed the present bill to
recover or his intestate’s interest in
the stock'.' The bill was barred by
the statute of limitations, and a
demurer containing that ground,
among others, was properly sus
tained.
Judgment affirmed.
W. L. Mitchell, P. G. Thompson,
hv A U Mitchell, for plaintiff in
error. v . .
S. P. Thurmond, r«- defendant.
I
There is no allegation in it that there
were no debts due by the intestate,
or what would he the amount due to
his children after a due administra-
lion of the intestate’s estate, or that
the estate had been fully adminis>
tered. If he had not filed a bill on
the equity ride of the court with tho
same allegations as contained in his
equitable plea, and no more, it would
have been demurrable for want of
equity, and he cannot claim to be in
COMMERCIAL.
THE ATHENS MARKETS.
90BMCTES BT TBB JtMCBASTa BXOUMB.
COTTON—MiMliag \V/ A t.
m .a ■-
FACTORY MOODS.
Cotton Ybtm— —Yt..ni ~~
Oenabure* -
J4 Shirting
$4 Sheeting,
{PROVISIONS.
Floor...——
Cora, pr hu._
Peas. •• -.
Meal, •• —;
Wheat •* —
i, BldNj—*
•houldcrs.......
Weill et. al. va. Halsey. Ejccnnenf
from Lumpkin.
WARNER, C. J.
This was an action brought by the
plaintiffs against tho defendant to re
cover the possession of certain lots of
land described therein. When the
case was called for a hearing on t'<e
docket of this court, a motion was
made to dismiss it, on the ground
that the bill of exceptions had not
been served within ten days from the
date of the judge’s certificate thereto
as required by law. Upon an inspec
tion of the bill of exceptions, it ap
pears to have been signed and certi
fied by the judge on the 28tii day of
September, 1877, ainl served on the
defendant’s attorney on the 29th day
of October, 1877, which was more
than twenty days from the date ot
the certificate of the judge. See
code 4259.
Let the writ of error be dismissed.
M. G. Boyd; S. M. Smith,
plaintiff* in error.
W. P. Price, for defendant.
court of equity. Besides, he sought
to introduce a new party defendant
in the case pending against him in
the common law suit, which cannot
be done. Code 3480. Francis 31.
Holliday, as the defendant whom the
plaintiff* sued, and Francis M. Ilolli-
idy^f as tbs natural'iruqQlum Q^his
four children, would he new amidis-
tiuct parties, quite i.s much so as
the four children would be hew ailj
distinct parties defendant. Whatever
equitable rights these rcuTaSd ^s-
tinct parties may have had to the
money which the defendant ‘'owed
the plaintiff’s intestate, that would
have been no defense for the ffefeli-*
dant in the common lawsuit against
him for the money.: IJe, «>uld not
invoke the equitable rights of third
persons who were not parties to
that suit to. protect him from
the payment of his own indebtedness.
The amount to which the defendant
was entitled tor selling the intestate’s
land, was a question for the* jury
under the evidence, and in view of
that evidence, there was no error in
overruling the defendant’s motion lor
a new trial.
Let the judgment of the court be
low be affirmed
S. P. Thurtnoud, for plaintiff* in
error.
•CMbSOO
7ft
85 ■ M
8ft
1 25 a 1 50
6b
6s
Os 10
DU S 10
• a 00
40a 60
a 10
10 a 15
As-
Ilolliday vs. Strickland, adm’r
sumpsit, from Jackson.
WARNER, C. J.
The plaintiff* brought his action
against tho defendant to recover the
the sum of 8600, which he alleged he
was indebted to him lor so much
money received for the sale of a tract
of land belonging to his in testate.
Tim defendant pleaded tlia; the
plaintiff's intestate was indchied to
him the sum of fifty dollars lor his
trouble in selling the land, and also
filed what he called an equitable
plea in which lie alleged, in sub
stance, that lie married the daughter
of plaintiffs |jintestate, by whomjhc
had four children ; that his wife died
before intestate, leaving said children
a-, the representatives of their dc-
Cobb, Erwin Jk, Cobb, lor defen
dant.
Elder vs. The State. Certiorari, from
? Oconee.,
BLECKLEY, J.
1. The petition for ceitiorari con
taining a distinct statement that the
venue ol the olfeusc was duly proved,
the silence of the return oil that sub-
or ject is immaterial. What is admitted
in the petition needs no verification
as against the petitioner.
2. The county judge was warran
ted by tho evidence in finding the
petitioner guilty of malicious mis
chief.
Judgment affirmed.
Jackson A Thomas, by Alex.
Er win, for plaintiff in error.
A. L. Mitchell, Solicitor General,
for the State.
10a 15
25 b 25
35a 40
40a 43
S.V.OOaGO 00
M
%
llall
Laid,
Irish,
BtmI
Cn tokens. —— —
Butte/. —
LEATHER.
Hemlock Leather—................
Upr. Leather— - ...
Harn. “ ......— ...........
Calf Ski ui -
Kip Skins ...■—.
Dry Hides. —S—
Green Hides - .
BAGGING, TIES, HOPE.
Baggio; pr yd.—— — ——55.
Ties u>cr bundle). _
Rope, cotton.— - -u ii
Rope.graas—............
The above are retail prices. Special rates to
wholesale buvers. _
GROCERIES.
Sugar, crushed- lla 11’.,
*• A - 8%a 10
*• c ::—:™:r .' l \?.
“ Domarara. 12JJa 15
Coffee, Rio ...— 17a 22
** ^*rS352BttSt-. -T ISf
Tea,...— — 75ui 25
Syrup, cane - ".la 40
Molasses, euba....... — 50a 60
Can dm, sperm...- ——— 40a 50
aoamant — 16a 20
tallow— 12a la
Cbeese, State — - 10a 15
English Dairy— ,....„
Starch Per ba *" 3"
Tallow - Fa 10
Klee, per lb- - -—........ 6‘.)a 7
Mackerel, No. l,kits f i 75
•• No. 2, Kits - 150
•• No. 5, Kits— —.... • 1 &
Salt, Per Sack *1 15
Chewing tobacco 4Hal 25
Smoking.— —....... COal 00
Snuff, Maccaboy— —. — 1
American, —— 830 00a 50
llavaua - - 75 OflalOO
AMMUNITION. 1 *
Powder... per lb —
Shot ~ *v.
Lead •« •• —
Caps, per box.* IS .—
; LIQUORS.
Corn whiskey —
CLAIM to have the Largest Stove
in this market.
CLAIM to have the Heaviest
Stove for the price in Athens.
I
CLAIM to have the Finest Ar
ranged and most Elegantly
Finished Cook Stove Manu
factured
ATHENS GUANO AGENCY, COTTON OPTION 15C.
1000 TOItsTS
-AND-
Mi
-FOR-
NORTHEAST GEORGIA.
; ' t
*£H£ PACIFIC GUANO COMPANY aell the largest amount sold in the State by any Company.
They have » capital of
$1,000,000
I
CLAIM that I can Furnish the
Best Tinware in the State as
Cheap as inferior Tinware is
bow sold at in Athens.
“CAN Substantiate the above
claims and would be pleased t<> do so
to any one desiring, to purebase. Call
and be convinced at the
£ - SIGN OK THE BIG COFFElS l*OT.
Broad Street, Athens, Georgia.?
J. a WILKINS,
aug7-Sra
Invested in the business, and can’t afford to lower standard,
results. -
Abundant home evidence as
nr*
i
Awciiion!
i have associated W. A. England with nit. iu
the Auction business, who will give pro in pi
a:teution to the side of property and goods ot
nl Uii nd 4w VEliONEH &'ENGLANP_
A
25a 35
12a „
lUa
10a 28
STotio© T
We liave sold out our entire stock of Hard
ware to T. Fi.emino & Son, who will carry on
tho business at the old stand, Dupree Building.
, .TtjankfuL for past favors, we inn»c : ,,tl(y, same
■liberalil^iiil he extended, 4 our sHlessers.
••Very Respeclfuliy,
BELL & CO.
and BELL, FLEMING At CO.
p By strict attention to business and low prices
We hope to share a good portion of your trade.
Respectfully,
T. FLEMING & SON,
octSStf. Successors to Belt & Co.
Athens Wool Factory.
Holland Gin
American Gin
Bourbon whisker
Win ps..
-* '‘1 HARDWARE.
English
Castings...
Cotton Cards-
Horse Shoes-
“ •• Nalls
Mule Shoes, per keg-,..
il 35a 00
5 00a 13 Ml
5 00a 7 00
1 50a 3 00
1 50a 4 CC
1 GOatO 00
oa8
Sa5
6 a 7
2 75
60
5 00
20a25
6 00
Crane, aJiniuistrator, vs. Barry.
Equity, from Clarke.
BLECKLEY* J.
In 1865, after Juna 1st, a parner
retired, selling out to Ins copartner
his interest (one halt) in the stock, at
cost or invoice prices. The retired
partner died ; and in October, 18G6,
administration was granted upon his
estate. A suit was commenced
against the administrator, in A ugust
THE NEW YORK
WEEKLY HERALD
JAUES GORDON BENNETT, Proprietor.;
The Best and Cheapest Newspaper Published,
POSTAGE FREE.
e£ru HOLLAR
Pfc.Ft,;vEAt».
60 CENTS FOR 6 MONTH
An Extra Copy to every Club of Ten.
The N. Y. Daily Herald.
Published every day in theJyeai.JJ
.v Postage Free.
$1C pays for one year, .Sundays inl-liidod.
$G pays for one yeai, without Sundays.
$3 pays tor six months, Sundays included ;
7>4 pays for six months, without Sundays.
?£2,paya]<>r one year for any specified day ol tb
week.
$1 pays for six months for any specified day ol
week. \
11 pays for one month, Sundays Included.
NEWSDEALEMS SUPPLIED.
Postnge Free.
Daily edition. 2% eents j er copv. Sunday edi
tion 4 cents per topv. Weekly editiou 2 eents per
copy. Address M U \»HK UEIUI.I’,
ian22-.il. Broad wav and Ann street v Y.
I am now turning out daily a large quantity
of Kollo iu the best of sty !e. Having secured
the services of n No. 1 (’tirdcr, I uui bettor than
ever prepared to give satisfaction to nil. Bring
on youir wool. All carding done on short no
tice. Also, a good lot of wool bats kept ou
hand. HEDGE FOWLER,
Foot of Broad Street,
octD-tf. -s (Athens, Ga.
FOR SALE. •
O NE GOOD PHAETON, WITH POLE AND
Shafts complete, in perfect order. Also one
good Buggv, new anil complete. Cheap lor
oash. , J. II. HUGGINS,
oft-tf No. 7 Broad street.
Hr—
COMPANY,
ATHES, G ORGIA.
YOUNG L- G. HARRIS, President
ISTEYKVS H OJUS, Secretary.
Gross Assets, April 1. 1S77, - - $.84,537 U2
Resident Directors.
Yoiso L. G. IT A R ms,
Johx H. Newton,
Dn. Henry Hill,
Aldin P. Okai:i.no,
, Con. Robert 'J'j;omas.
iuv22-wly
Stevens Thomas,
Kli/.a L. Newton,
Kkkiiinanu PiiiNir.r
Or. It. M. Smith,
John W. Nicholson,
a. s.. styxsE’s
Fine Whiskyand Brandy.
Parties desiring to purchase, by wholesale,
pure Brandy or. Whisky, will find it to their in
terest to purchase from the undersigned, sole
agent of G. S. Unke. to sell by wholesale his
Fine, Pure Whisky aud Brandy. The pipes
through whfth the G. S. Duke Whisky and
Brandy are diat.iled, are made of wood. Every
gallon warranted pure. Address,
G. H. DUKE. Agent,
doe.Vtf . Jefferson, Ga.
ceased mother, who was entitled to 1873, by the former partner of the
oue-sevcinh part of his estate; that
intestate died in tho Ftate of Tennes**
seej; that thc^ plaintiff's? tt?rs*|of
intestate, upon a certain awfird, to
which suit the administ rator pleaded,
in January, 1874, among other
DISSOLUTION.
The partnership heretofore existing between
Stem &Siinlter is dissolved fn nt und after ■ ■ i
18th lust., M. Stem retiring fp in tho firm
AU parties having any eh itis- against the old
firm, will present them fir settlement, m
all those in ebted, will eoir.c ibrnr: rd and ..rtl •
at once wit5 >lr tm-lcrsi n-’l, ns the bn.’ s
mnsthe elysin!. M.' tern wl! Invc cflifirgopf ti
books, and will s:-ill. I l,n .'neat tr*n*ndt .
of the old firm of STEHN &SAULTEK
an!5-S0.l.
CHARLES F. STUBBS,
(Successor to Groover, Stubbs & Co.,)
CJOTT0N FAOT0E
—AND—
General Commission Merchant,
AGENT FOB TIIE
Quitman Factory Yanis,
91 BAY STREET,
(j eorjria.
Bagging, Ties, Rojie and otlier supplies fur,
shed. Also, liberal cash advances made on
■•iisign’mei-ts '<'.r sale or shipment to Liverpool
• Northern p<WIS„
Mr;"A. A. V. Inn, Cashier and Con-. s: (indent
i the hit • 6rn- of Groover, Stubbs J- Co., has
•n interest in *' e hus’ness.. jfv • . ig' l-tf.ii
li:
CUMBERLAND SUPERPHOSPHATE.
HIGHEST ANALYSIS
-IT8-
1
REPUmtOft ESTMlilSttEB
IN THIS SECTION FROM THREE YEARS USE.
Those Who TJsutdL it Last Season
I
WAFT rt AGAIN.
088 «Si Ageatta.
ELL
,n
SZIC3-E3C IE 3 IR I O E S
I have the Largest and Finest Stock I have ever offered to tli|
public of f
READY-MABE CLOTHING;
HATS AND FURNISHING GOODS,
and will sell them Cheeper than the same grade of prods can be sold by any house in the State.
I have also in my Merchant Tailoring Department, a fine selection of imported Cloths, Cassiuick
and Fancy Suitings of the very neatest patterns and styles, which will be made up to order in the vwSft
best manner aud a perfect til guaranteed to all who will lavor me with their patronage, Particular r.-
tention given to making Large Men’s Clothing and satisfaction given.
Also S1IIRTS and DRAWER8 made to order for Men and Boys. I have made great i^aprevenii
in Manufacturing Shirts, and can get them up at short notice. Open back aud front.
228 Broad Street, Augusta, Ga. .,
* 1 B
Novl3
COME A^JD SEE !
? Mmsm Sr&t&sr, s£fbsjvs»
A. complete stock ot Tall and Winter
Dry Goods and Groceries,
Tobacco and'Cigars,
Fifty Boxes A ssorteiiferades.
Saddlery and
A COMPLETE STOCK OF CHEAP SADDLES, BUGC
A good stock
SHOES AND LEATHER. TABLE
A large and varied nssor
CM.OOIS.Bt
A COMPLETE STOCK OF PLAIN f AND GILT AM El
CROCXEKY.
Lamoss.
.HACK AND EXPRESS HARNi!
POCKET CUTLERl
■ST. m
AN, ENGLISH ANI) FRENspi!
W
*r
GltASS. WA
OF.ALL GRADES, FOR TABLE OR ORNAMRTAL PURPOSES.
t LAMPS. *
G!a->s, Brass and Tin, of all sizes and prices, from 25 cents to
House's Safety Lamp., bought since the decline in prices.
always on baud.
m
fell. A nice Une of Perki:.i#i
• a good stock of Liu’ton,-
Kerosine 110, Fire Test. Lubricating •*il for Gins, Mills, Sewin
XjXJVTEI.
. ■ 1
[acliines and Tanner's OJ.
m
A good stock of Lime for Agricultural and Building purjajs always on hand,
ell the above stock of goods at lowest prices for cash, oi;<§>ange *l'or countiv prod ;<x-
effersou, will alstfbpsSt.d
, Coi feud see, and be ctuvir' '
Thankful for former liberal natronage and ask a contiunance ol sami
I will sell the above stock of goods at lowest prices for eas
g p
sli, i
WEiND lls YOU!
Sibscriution Sot the
jFor ^
HUGGJHS3