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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