Newspaper Page Text
W$t 3mmru$ JUcorkl.
RI- WEEKLY .
VOL. TV.
AMERICUS, GEORGIA. TUESDAY MORNING, OCTOBER 10.1882.
NO. 6*,
J.W.
& (10.,
D
T A M O N
D
AMERICUS, GA.,
D
.SlfREHE ContT OF GEORGIA. lor said wile and children lor their f difficulty only was competent to
n*cifttous Umderrii October ad, isns, " sc aud benefitiand power to sell, j show the state of feeling, anti this
rent, etc., with the consent and ap-' waa proven. Judgment affirmed.
. Reported for the Telegraph m\d Messenger PfOOsition ol the wife, the legal ti- | / •
i h H- < People*i, of the Attain,i liar. 1 tlo is not in the wife and children, | Brady va. W. A. and Lou Prvor
William ot. al. vs Black et al. Kqui- though the words "give, grant,bar- Foreclosure of mortgage from
ty*. from Sumter. gain mid sell” to such wife and, Sumter. = ' ”
iIacksos/I’. J.—1. The only snli- children are used; said words bo-i Spiseb, J. 1. A bill was filed by
U O P © I county. The fact that one who 1 tt,, d hy the declaration ol trust be- estate, touching said estate; all the
far tup ri nnn ' Kol<J the land, sought to he sub- foi ' L ‘ mentioned. heirs, including the defendants in
rUK THt BLOOD. - jected to the real defendants was 1 ‘ '
Speedy,Pleasant,PennanentandReliaUle| ^t"Wlit 1 coui' i.»d, am. motion to nonsuit being i«*: TfteV p^f„7 =
as rr TASKS of the county of Sumter jurisdic- made, it was error to refuse to al- 1 debts, the arbitrators named in the
; tion, no relief being prayed against low an amendment adding tbe name , submission niado an award oon-
DIAMOND TO CUT DIAMOND, him. of tho husbaud and father ns true- j forming to the agreement of sub-
2. The right of vendor’s lien ex- tec, as party plaintiff. Code sec. mission. They awarded an equal-
; is ted in this ease long before 1865 3486; 62 Ga. 163; 41 Ga. 652. Jndg- 1 ization as to advancement and a
and a bill lo enforce it ought to >nent reversed. 1 distribution of assets in tile' hands
have bei ii brought prior lojamiu- _ i of- the admlnlytti(b)% ’Among
ry 1st. l87ii. under the limitation Collier,administratoi, vs. Leonard. [ other things, treated as assets they
aet of 186!i Illegality, from Sumter. ! found an account for advance’ anil
3. The plaiutiir having shown ■ OitAv voaii, J—1. The surety i crop liens on same against W. A.
ladies in not properly entering> having sought to relieve liimsefl’ j and Lou Pryor, $1,283; noto on
judgment and suing out execution from liability by alleging that liis : W. A. Pryor, $180. The sum of
at the proper time, and his claim j liability was increased because of; these was divided by the award
being now very stsle and the judg-: -• Bill of indiotment was found ; among the heirs, part being nllow-
ment dormant, the court below ' October, 1881; trial was had in ; ed to defendants in error as a
did not err in sustaining a demur- ls 32; the judge charge that il the i credit. The nward was made the
rer and dismissing Ids hill. Judg- evidence showed that “dcccnsod j judgment of the court without ob-
inent affirmed. was killed at any time Inst year, j jeetion. After the settlement
that would be sufficient,” having j mentioned, W. A. and Lou Pryor
I Morgan vs Sheppard ct al. Kqui- i u J*t before charged that the alleg- j executed notes and the mortgage
j ty, from Webster. “lions of the bill must be proved,. sought to be foreclosed,' asm
Jackson, C. J A bill charging , “"I 1 the facts alleged must have j mortgage being given on land re-
I maladministration of two distinst 1 existed before tho indictment, ceived by Lou Pryor, wifoofW.
j csstatos and praying relief against Buhl that taking the charge all *
! the administrator of one, and! together there was no material
against certain persons as execn- I error, the evidence showing that
I tors de son tort ol the other, lie-1 the crime was committed before
< cause of such maladministration I indictment. Judgment affirmed,
and intermeddling, is multifarious,!
| .Judgment affirmed. Thomas vs. the State. Assault . ^
with intent to murder, from Sinn- i the estate and distribute"the estate
Collins A Son vs. Hudson, trustee, fer. and distribute the assets, but the
ct al. Claim, from Macon. Senna, J—An indictmenteharg-| investigation was ^iot as to the
1. When a levy is made by a j fi, l that the doleudnnt made an j character of the title the estate had
Sheriff of one county on property assault oil the prosceutor, "using [ lo the assets,
in another, the entry ot levy should J then and there a pistol loaded with 2. To make a former judgment
show that there was no sheriff in | gunpowder and leuden hail; said * '
the latter county at the time of the i P* st °I being a weapon likely to
levy, to make the levy a legal one. ! produce death;” * * * * *
2. The levy should lie in itself a | with intent to kill said prosecutor
good one, and while it might be ' unlawfully, with unilipu afore-
j amended so as to show the author- j thought, cte. On the trial counsel
' ity ol the sheriff, parol proof should j ^ or defendant objected to any evi-
not be allowed as to such authori-1 donee to show a shooting, which
ty. In this ease parol proof of an- objection was overruled and de-1 affirmed,
j tiioritv was oll'crcd but no attempt ' fendant exeepted. Held, that Hie
■ was made to amend the lew. ! objection was properly overruled.
3. The dismissal of a levy docs | lt not the mode or manner in
j conclude the particular claim ease i .which the offense, which the offense
i pending; tlierel'oru exception to it i' M perpetrated, but the nature of
I will lie, and errors complained of ; the offense, wiiieh must be alleged.
may be brought to this court..I iidg-1 Besides, no exception was taken
I ment uffruied. to the form of the indictment be-
fore trial. Code 4631); 56 Ga. 583.
! Childers vs Holloway. Equity from Judgment affirmed.
stantiai relief. prayed in the bill in g followed by the words “under one of tho heirs of Wright Brady
; filed in Sumter Superior Court, is the specifications, limitations and . Sr., against tbe plaintiff in error
against persons not resident in said conditions hereinafter specified,”' as temporary administrator of his’
.... ...... . uid by the declaration ol trust be- estate, touching said estate; all the
or , u u ,l ' nt * 0| H'd- heirs, including the defendants in
-• Suit being brought by such ( error, entered into a submission by
rife and eliiIdren to recover the whioli said estate was to be distrib-
W holesale and lletnil Dealers in General
HARDWARE.
Stoves, Crockery. Paints, Sash, Doors,
I
Bunds and IIouseitrnisiiing Goods.
On or about October loth our new building will be finished!
when we will display one of the
jMoat Complete Stocks of Estrdwstro Ij
ami other goods in uni line in georgm.
SO IT TAKES
DIAMOND DROPS TO CURE
MYPIIILIfl, RHKUMATISM, »
CONSUMPTION, ECZEMA,
Old Korea and all Scrofulous Totals.
Kudorsed hy trading Physlclaus I
“lMamond Prop a is veg-talle,
mom trood in uutfur^nnd Amerlc . .... ,
ten yearn than any other five •Itcmim's,” ami
KOl U (’ATI LOADS OK
Patent and Plain Wheel Wagons,
(1 TO ft HOUSE) AT MACON AND COLl'MIU'S PRICES.
IN OUR NEW
CARRIAGE &.BUGGY REPOSITORY
WP have ft large and well selected stock of nil the latest styles of llugglr* nt prices to suit every one.
” H loakti a es|.evlalty of flue lltiffgius built to order hy Henry Hooker dcJCo., New Haven. Conn., who
nave a national reputation for llmt class work. All work gnuruntced iu be as represented by u*. In
connection with Reggie* and Wagons wo have a lull Hue of
SADDLERY. BUGGY AND WAGON IIA ft NESS, i
IK Til HAND AND .MACHINE MADE.
AOKNTS FOIt TIIK CEI.EB1!ATEII
KENTUCKY 3 liOLLElt CANE MILLS AND COOK'S COPPEll KVAPORATOliK
FINDLEY'S 2 ROLLER MILLS AND KETTLES, COTTON PRESSES
AND GIN GEARING, FAIRBANKS AND HOWE SCALES.
SPECIAL MACHINERY FURNISHED ON SHORT NOTICE.
( * *he Kail advances, from manufacturer* for spot cash, we arc enabled
«, and will make It lo the interest of our friends and the public geusr-
t oi.pomlte the telegraph and post office*. Ki*ni«mber, we will l>ein
* »- afH | | OW eat price*.
the past
It. Give
...... ."he convinced. Prlss Al.
II'. T. J)A VESrOHT ,P SON,
AMKIUCI S, UA.
«T'»Ail6
HOHSFOltDS
SELF RAISING
BREAD PREPARATION
THE BEST MADE
TWENTY-FIVE CENTS
PER PACKAGE
FOK SALS IIY
EVANS & HARWELL
FORSYTH STRETT
Mrs. M. T. ELAM
Septemlier ‘It, ISS2.ni
J. W. SHEFFIELD & CO.
A., as oue of said heirs. Held:
That said submission and award
did not stop tho wife Irom sotting
up that the notes and mortgage
were given by hor as security for
a debt of her husbands Tho sub
mission was entered into to settle
on the merits conclusive between
the same parties it must appear
tlie question to be determined in
the second notion is the same ques
tion judicially settled in the first.
Freeman on judgments 1253; U4
U. S. 351, 423,606; 1 Gray 299; 57
Ill. 126; 13 Mich. 76. Judgment
FULL ASSORTMENT
Thomas it Co. vs. I’nrkcr ct. al.
Claim, from Sumter.
CnAwroan, J—1 On the trial of
a claim case it was not error to
adralt'in evidence an original fl. fh.
from 1 the Circuit Oonrt of' the
United Statos for tho southern.
district of Georgia as a muniment
jof title, without proof of the same
Schley. i cither by an exemplification or
Jackson, C. J.-$l. This being Lainmore vs. the Hank of Anieriotis. j other evidonoo ot its being genuine,
ft. Cl. & J. K. PRINCE, I
Liverv, Sale and Feed Slulili's! j
Amices,iu. SCHOOL HATH.
t hurgftln*. Will sell you
Lleiffsy and Bamoss fox* $120.00,
pUc'Sprinct Whll* A.MKHIt'l.'S, Sept. 1!), 1882.
lot of SKI'ONI) llA.Nli IlljudlKs .mi UAItNKHS,
ioIiiusm for umney, nml give bariritins. Ahoui
1 Huddle Horses, which •
„ . imrket. Wo li
fbr which w«» will tako ulmettt any prb
October inih wo will h'tveacnr loiul of Rutnry und M iddle Horses, which will sell you s* cheap as you
ntn hay in Macon, Coiambus or Allnr.y. Will give you harguins In Harness, Mules, Cows, Hog*, or
anything else in our lino, f.'mne mid n*e us before buying.
^BT’Oiunlbu* attends the two passenger trains, and carriage and baggngge wagon all other trains.
ii. S. J. K. PIUVCE.
>ept. l HMf.m.”.
LANDRETHSPIiHif
M enterics
' a bill to keep open a way to a inil~ Appeal, from Lee.
and to recover damages for its ob- ■ Ui'Ekb, J.— I. While it is truo
I stnietion, and the insolvency „f that a security infected wlth usury
! the defendant not being alleged or '* void as to interest and usury,
any reason shown why the remedy , ml1 * n the hands of an innocent
at law is not complete, it should bolder without notice, anil the
' have been dismissed. Judgment uo,l, 'k ® r r«d iu churging the eon
| reversed. trary, yet theevidcnce as to amount
on which usury was reserved, tho
Hall Safe and .Lock Company vs. time for which it was reserved, and
i Mayor and Council of Amerieus , tbe ralo per cent, was so indefinite
! Complaint from Sumter. and uncertain that the court did
Crawford, J.—This suit being 1101 err in refusing a new trial on
i brought by one as general nmna- account of Mich erroneous charge,
i ger for tho State of Kentucky of I Kelly 392; 65 Georgia 886;
j Hall’s Safe and Lock Company ! Trammell vs. Wolfork, February
I against tho mayor and councilor term, 1882. Judgment affirmed.
Amerieus, to recover for a sale
001)11 GOODS
' KVANS& HARWELL
SEEDS
SEEDS
^NIN E ¥?«ngAR8
For the MERCHANT on our New p,an |OCC[ftO
For the MARKET CARDENER WsEUO
For tho PRIVATE FAMILY CCCne
Crown by ourselvesac ° uf ° wn rwm.ioccuo
nr Handsome Illustrated Catalogue and Hural UegUter Fit EE TO ALL.
MERCHANTS, SEND US YOUR BUSINESS CARDS FOR TRADE LIST.
DAVID LANDBETH&SONSjSEEP GROWERS, PHILADELPHIA
ZZJLY'r j lESTAlfiliVT anil C0SFECTI0M1K1
Miiniifacturrr of the et?li lirat« >1 (
J. J. HANESLEY
FORSYTH STRUCT
NEW
Cottoo Warehouse!
which appears to have been order- Carteret al. vs. Dixon. Probate
ed by the mayor and council from of will, from Webster.
Si’KF.u, J The evidence sustains
the verdict.
2. The charge of the court cover
ed the issues in the case.
3. An exception that "the charge
as a whole was illegal in failing
and omitting to state all the issues
involved iu the case and tbe Inw
applicable to said issues,” is too
general to be considered.
4. Bequests to charge must he
: such company, there is no privity
of contract belweini the plaintiff
and defendant, and no right of ac
tion bciii'i shown in plaintiff, the
court was right in ordering a non-
sail. Judgment affirmed.
■ Childers
except such us was tarnished by
the execution itself. A fi. fa. docs
not stand on tho Bamo footing with
other office pupers which are re
quired by law to bo kept “of Me”
in the court whore they originate
and in the absence of any legal
difficulty, original papers are
always the best cvidenco.
2. An affidavit of illegality may
be withdrawn by the party inter
posing it, subject to tho right of
the plaiutiff in fi. fa. to proceed as
in claim cases, when claims aro
withdrawn. That a claim may be
withdrawn by the consent of the
plaintiff in II, fa. is nowhere pro-
hihilnrl Tim U)nt tlint sLa i. •
QUADRUPLE BED SPRING
\v'urh hnvp been proven to be tho equal of iiuy
ImI spring made andsMnrr'
' ‘ ‘ olltbr-
wlsfaln? t
rontons | woul'l e a ll the
.1 sell ».t “
luake from llv ...
;t six months, if they work. I will also ;
•?.***'t-iRT'c?iRestaurant lnderthellarlowHouse
Fresh Fisli and Oysters.
mii r.l» ilcaliti? in IV.Ii Fi.b .nd Oj-.lur.,
I lr-Hii .even year* cx|>orienre 1 think I under*
nd bftlidlihg them better th:«U lh<»»e just begin*
aing the business. You Clin always got them of
^ a trvah out of iee and I handle nothing bat the
1 shall aUo sell
OPLA-INTGrBS
Ibis aeaaon direct from the groves by the hundred
r barrel. Will order apples for dealer* irom the
**t markets fora smrtll commission. Yon will
hd me at my new stand, next duor to the ll »w-
^In'a Uluck,
OX LAMAR STREET.
[mericiu, Sept t?,mS
For Sale.
I House auil lot un>l acre* **f lan<l—
'Mideace 5 rvotun above and good ntore
om below—price $1,000—at Ellaville,
\V. J. Hfaiia.
| August 2owlm.
e be will a
you up a *arm meal «t an
h und Game served in thei
auaOon. Uu al-o keepn a lull line ot C»ntertion<
Fruit*, t’tgars «nd Tphurcn.
\mvricU8, Ga., Hept. 19.mO
TEN CENT STORE I
. Holloway. Certiorari,
from Schley.
CliAwroun, J.—'Iogive a private
way over the land of another hy
prescriptive right, it must be llle evidence in the case,
shown ihat he lias heen in the tin- "" pleadings or theories
i h.iYr mit.-ii in,. j interrupted use of a permanent anltors
i road not exceeding fifteen feet in 6. Those parts of requests to
jSIKRINE BRICK BllLDINC, width, and that he has kept it open tu clmrge which were legal were
i and in repair for seven years. Code substantially given.
| ..ms., k..: .i.ienrn,»|i|iMiis.| 0 iir... secs. 721. 737; 61 Ga. 28. <>■ A request to charge that:
1 2. It will not do to sav the av- "There are some relations in life
erage width of the road do-s not where a presumption of undue in-
exeeed fifteen leel it [alls within Uiience arises, such as writer and
the statue. JiidgmenL reversed. testator, |«irent and child, ami
AMKIlim, -
J:<s|c..tfuiiy,
TURPIN, .Aert.,
DhiW Iu
which I will repair and
in the i'ouiiiiir Mfasoh. }
me «8ke<l to patronize i
ar.izi. j
An>ini «.,0»„ M») «, 1SSI
FINK < RKAMUIIY
Fiuirv .VolioiiiS uml Faun (irawii's. CHEESE
Miz«i, hlifiill’, v*. Ibiintlvu. Unit'
ii^fiiiist ftlitii'in, froui »Siniftv?r.
Ckawiohd, J.—After a rule ab
solute against a
eau b<* attaclied
rule nisi calling on him to show
cause why he should not lie attach
ed must In* sued out and served
upon him. Judgment reversed.
hibited. Thu fact that tho affidavit
of illegality revoked in this case
was withdrawn by afl'ant after be
was adjudicated a bankrupt, docs
not appear from the rcoord.
3. One who in good faith Inter
poses a claim to property levied
upon, may sell the property claim
ed during tho pendency of tbe
claim, and still maintain his title
to the property as it stood when
claimed.
4. Complaint is made of rofusal
to give a request in charge but
what the request was does not ap
pear.
5. There is no distinct specifi
cations as to what issues the judge
failed to cover in his charge; and
tho charge appears to cover the
issues clearly and fully. Judgment
affirmed. \
Improvement for .Hind and Boy.
Then- is mure strrngth-reHtoring power
in a Dottle of Pwrkur's Ginger Tonic than
in a bushel ol wait or a xallon of milk.
testator, parent itiul child,
other fiduciary capacities; *
this presumption must In* rebutted I As nil appetizer, blood purifier and kid*
by proof,” etc., was erroneous. “«y corrector, there is nothing like it.
entitle influence must lie establish-! ,md ,invali.ls consequently find it a
, . j wonderful mviKonint for mind and Imdv.
henII. Iietore he ' by pioof, ami must go to the ' ,
for contempt, a extent of substituting the will of
fall «•!} til Ug 'll I hi
at barfaiu firicsw.
Ali JvG Anything y<
Of Notions rAll 1« iouimI ,
™» «“ppb wth
, _ ant. t nil Aiut t-xammn ;
I onu iirlirl...
COTTON AVENUE,
1.J4 r Us«or<li-r Ofllr*-. : AMKKirdH. GA. .
JLhT RECEIVE!) AT
EVANS & HARWELL’S
FORSYTH STRKKT
the one charged with such conduct
for the will i.fthc tetator.
7. Thei,- ie no evidence in this
case that the will offered for pro.
bale was the result ot a delusion,
8 There was no error in refus
ing to allow a witness lu go into
Adams etal. vs Barlow. Ivjcctmeiit
irom Sumter.
CRAWFORD, .1. —I Where a deed the details of a difficulty between
; from one lo bis wife and children third parties, which difficulty, it
specifies that he is to hold the was claimed, affected the feelings
, premises during his life as trustee of the testator The fact of the
It was genial Charles Lamb
who said that the mixing of bran
dy and water spoiled two good
tilings.
r» Hoods, scarf*, ribbons and any fan-
cy articles can be made any color wanted
with the Diamond Dyes. All Ibe popu
lar color*.
* We have forty-six rear admirals
under pay. The rear of tbe natyj
seems to lie well protected.