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THE MACON TELEGRAPH: SUNDAY MORNING, JULY 21, 1S0I
Supreme Court Decisions
Rendered Yesterday
667. "Woody -vi. State. Before Judge\
Nottingham. City court of Macon,
Lumpkin, P. J.—1. ‘"«lttln*s" and
"atddarus" are Idem aonana.
2. An accuaation for gaming wltn
cards and dice" need not, mar$ partic
ularly than as Indicated by the word*
quoted describe “the game played or
the manner of playing the saine/'
2. The evidence In the present case
did not support the accusation.
Judgmont reversed. All the Justices
concurring.
M. Felton Hatcher, for plaintiff In
error; William limnson, solicitor-gen
eral, contra.
65*. Knox vs. State. Before Judge
Bussell. Franklin superior court.
Bumpkin, P. J.—The tiling of a re
mittitur from the supreme court In the
office of the clork of a trial court im
mediately reinvests It with Jurisdiction
for all purposes over the case to which
the remittitur relates; though good
practice requires that the trial court
cause the remittitur to be entered upon
its minutes.
fa) If, where a new trial has been
granted by the supreme court, the re
mittitur is not so. entered before the
new trial Is had, It is proper to pass a
nunc pro tunc order directing that the
remittitur be entered as of the date
when that trial began.
(b) While the practice of promptly
having remittiturs entered upon the
minutes of trial courts should be fol
lowed. and In so doing trial courts
should pass such orders ns are appro
prlate to effectuate the judgments of
ths supreme court, nn order formally
making a Judgment of that court the
Judgment of the trial court Is not un
Indispensable prerequisite to proceeding
with a new trial when, under the
Judgment of the supreme court, a new
trial Is to be had.
Judgment affirmed. Little, J., flls*
sents. The other justices concur.
A. G. McCurry and W. It. Little, tQT
plaintiff In error; J. M % Terrell, attor
ney-general, and C. II. Brand, solici
tor-general, contra.
CG9. Perry vs. Btate. Before Judge
Bower. City court of Dainbrldgc.
Cobb, J.—1. A bill of exceptions
■which recites taht "at the April term,
1901, of the city court of Bultibrldgc,
his honor It. It. Bower, judge of su! *
court, presiding," a designated ruse
cams on to be tried and was tried, and
which is duly certified by the Judge
named, sufficiently shows that the case
was tried In the city court of Bain
bridge, In the state of Georgia.
2. The control of a minor bastard
who, hus not been legitimated by his
fathor belongs exclusively to the moth
er; and even If he should, where sho
abandoned him or refused to support
him, make tv valid contract of servlcs
with another, he certainly cannot
against her consent do so when she
has neither abandoned nor refused to
support him.
3. It results from nn application of
the principle laid down In the note Im
mediately preceding, to the facts of
the present case, that the verdict of
guilty was contrary to the evidence.
Judgment reversed. All concur.
W. D. Sheffield, by Harrison A Bry-
nn, for plaintiff In error; Albert II.
Bussell, solicitor, contra.
660. Hart vs. Htnte. Before Judge Fel
ton. Bibb superior court,
l.umpkln, 1*. J.—The act of Decem
ber 10 ,1897, "to amend section 413 of
the Penal Code" of this state, Is not
unconstitutional, In that It contains
matter different from what Is expressed
In the title thereof.
Judgment affirmed. All concur.
Robert Bodges, for plaintiff In errprj
William Brunson, solicitor-general,
contra. *
by one party to the contract the other
party elects to treat the contract as
still binding and await the time for full
performance, It is Incumbent upon the
party making w.ioh election to perform
such of the obligation# as may in the
fintime devolve upon him under the
term* of the contract. Especially Is
thin true when such performance Is
demanded by the party who had at
tempted to renounce.
3. Applying the principles above laid
down to the facta of the present case,
the plea of the defendant* was properly
stricken on motion.
Judgment affirmed. All concur.
Bosser A Carter and Burton Smith,
for plaintiff In error; Dorsey, Brewster
& Howell and Hugh M. Dorsey, contra.
to it.
661. Johnson vs. Johnson. Before
Judge Reagan. . Hpalplng superior,
court.
Cobb, J.—When a autt brought In n
Justice court upon a promissory noto
for one hundred dollars principal and
ten percent, attorneys’ fees Is appealed
to tho superior court, the summons
may bo so amended In that court as to
show that the amount rcnlly duo upon
tin* note at the time the summons was
Issued as less than one hundred dol
lars, Inclusive of attorney’s fees.
Judgment affirmed. All concur.
T. H. Patterson, for plaintiff in er
ror; Lloyd Cleveland, contra,
Cf.2. Foot© vs. Kendsll. Before Judge
Calhoun. City court of Atlanta.
I.umpkln, 1*. J.—Viewed In the light
of the pleading* upon which thla case
want to trtul, the cvldenco demanded
verdict In favor of the plaintiff for
portion, ut least, of tbo amount for
which ho sued; and a general finding
fop the defendant wii therefore., un
warranted.
Judgment reversed. All concur.
Jiumw K. Hines, for plaintiff. *
663. Houghton vs. city cf Atlanta. Be
fore Judge Calhoun. City court of
Atlanta,
Lumpkin. P. J.—L When n city. In
the exercise of tta corporate powers,
changes the grade of It# street*, and
ae a result the premise* of an adjoin
ing lot owner are rendered leas valua
ble, he la entitled to Juat compensation
for the Injury thus sustained, tho
measure of damage© being the dUninu*
tlon In tho nturket value of hl« prop
erty.
3. A municipality la not, however, It
•uch a liable In damagea for tor
tlou* acts of It* servant* which
not proxttnaudy connected with the
work Incident to the making of the
public Improvement.
Judgment reversed. All concur.
II. M. Batty, for plaintiff; J. L. May*
ton, W. P. Hill. J. A. Anderson and J.
T. Pendleton, for defendant.
646. Norwich Union Fir* Insurance So
ciety v». WrUhouse, for use. etc.
Before Judge Held. City court of
Atlanta.
Fish. J.—L Where an owner
arty which was destroyed by lire" had
tak*n out a number of insurance pol
6G6. Powell v. Alford. Before Judge
Lumpkin. Fulton superior court.
Fish, J.—Under section 4116 of the
Civil Code, which prescribes how eulta
in u justice’s court rtiall be brought.
’*uch justice or notary public shall
attach a copy of the note, account of
cause of action sued on to (the) sum
mons at tho time the same Is issued."
The above quoted language was taken
from the act of 8c*ptemb»*r 21, 1*81.
Acta 18*0-81, p. 66. Since the parsage
of that act the plaintiff In an uctlon
In a Juttlce’s court must set forth,
with some degree of certainty, ' his
cause ot action, and, having done «o,
must recover, If at all, upon the cause
** laid, and can not recover upon a
Hffercnt and distinct ground of liabil
ity.
Judgment affirmed. All concur.
W. J. Conyers, for plaintiff in error;
Albert A Hughes, contra.
667. Cowdery v. Johnroh. Before Judge
Lumpkin. Fulton superior court.
Little, J.—The evidence did not suf
ficiently show any particular number
of front feet or inches of land that
the plantlff was entitled to recover;
hence a verdict finding for him "tho
piece of land in dispute" can not le
gally stand, when it appear* that tho
land sought to be recovered wils de
scribed os one and eight-tenths of a
foot of a particular lq/ fronting on a
named street and running back to an
alley.
Judgment reversed. All concur.
Rower A Carter, H. N. Randolph,
for plaintiff In error; Westmoreland
Bros., contra.
66*. Golden Georglu, Ltd., y. McMan
us. Before Judge Reid, * Cltv court
of Atlanta.
Little, J.—l. The evidence submitted
by the plaintiff was sufficient to au
thorise the verdict rendered In hi* fa-
for.
2. Tho trial Judge committed no er
ror In rejecting evidence of which com
plaint was made. That which was ex
cluded related to transaction* between
plaintiff and a third person, and was
not pertinent to the inues Involved In
tho case on trial.
3 - The stenographic report of the evi
dence of the plalnt'ft on another trial
was not documentary evidence. Tim
Judge committed no error In refusing
to allow the *anio to be tnkon by the
Jury to tholr room when they retired
to consider the case.
4. It does not appear that the trial
Judge failed to state to the Jury the
contention of the defendant with suf
ficient fullness and fairness.
Judgment affirmed. All concur.
Tompkins A Alston, for plnlntlff in
error; Goodwin a Hallman, J. A. An
derson, Crovatt A Whitfield, contra.
669. Louisville A Nashville Railroad
Co. y. Thompson. Before Judge
Lumpkin. Fulton superior court.
Little, J.—1. It is not error on tho
part of the trial Judge to fall to charge
the Jury pn the law relating to the
Impeachment of witnesses, In tho ab
sence of a proper request so to do.
2. In un action brought by one to
recover damages against n railroad
company for Injurlcn sustained by tho
negligent act of one of Its servants in
the operation of a locomotive, at a
time when the Injured person was In
the employment of the company. It
waa not error on the part of the trial
Judge, after Instructing the Jury that
to entitle the plaintiff to recover he
must be free from fault or negligence
contributing In any material degree to
the Injury, to fall further to charge
and makes a deed to the land to se
cure the payment of the loan, the
husband’s knowledge that she claimed
the land Is not admissible in favor of
such grantee of the wife, as against
one to whom tho husband subsequent
ly conveyed the land.
5. Evidence as to whether the hus
band, after the conveyance to his wife,
held the land in biz own right or in
the right of his wife was not admis
sible os against his second grantee.
6. Where In the second deed made
by the husband he recited that the
lands conveyed were "free from all
liens except these controlled by" a
named person. It was admissible to
chow that this perf-on had In his hands
a Judgment Hen, against the wife at
the time of the conveyance. If this
person, who was the attorney of the
second grantee, controlled the lien
against the wife, this would be a cir
cumstance which should go tc the Jury
in order to show- that the second gran
tee and his counsel had notice of the
prior conveyance to the wife.
7. A letter written by the attorney of
the plaintiff to such plaintiff, explain
ing the delay In collecting the claim
against the wife, was not admissible
to show notice of this matter to the de
fendant. although the writer of the
letter was at that time the attorney
of the prerent defendant as well as
---- -- - . V of the present plaintiff.
ser must be actual; and the registration j 8. One who purchases land cf the de-
of the conveyance Is not such notice fendar.t in an ejectment suit while
as will deprive each bona fide purcha- such suit is pending takes subject to
ser of tho preference to which he is j whatever Judgment may be rendered
entitled. ! In the case. The pendency of the suit
2. Applying the rule above announced i» notice to the world; and where
to the facts of the present case, the such purchaser is made a partyl to the
court erred In directing a verdict In euit, It is Immaterial whether he had,
favor of the plaintiff, but ought to have actual notice or not, and the deed to
>t be proved by the
alleged agent,
pear that any error
prejudicial to the pl.ilntlffe In error was
Jinmittod In admitting In evidence the
record of a case to w hich they were not
parties; and the action of the court In
directing the verdict In favor of the
plaintiff In execution was not. for any
reason assigned, erroneous.
Judgment affirmed. All concur.
W. W. Braswell, for plaintiffs In er
ror; Candler & Thomson and Payne A
Tye, contra.
672. Corley vs. Coleman et al. Case.
Before Judge Evans. Tattnall supe
rior court.
Cobb, J.—The petition set forth In
substance a eaux** of .action, and It was
error to dismiss the same on a general
demurrer.
Judgment reversed. All concur.
George M. Warren, for plaintiff In er
ror; Williams A Williams, contra.
673. Finch vs. Woods. Complaint for
land. Before Judge Evans. Bulloch
superior court.
Cobb, J.—J. In order to sustain a
voluntary conveyance against a sub
sequent bona fide purchaser for valua
ble consideration, notice to the purcha-
ByLand^SeaJ
to NEW YORK and BOSTON)
AND THE
PAN-AMERICAN, BUFF ALO}
•Via the
OCEAN STEAMSHIP COMPANY)
i For further information apply to yoor
l nearest ticket sxent, or to
i W.G. BREWER, City T.& P.A.,Savannah,Gi,
I L.ASH PMAN,T.F.&|*.A M Birmingham,Ala.
; o-o-o
MACON A BIRMINGHAM HY. CO.
fine Mountain Route.
Schedule Effective June 30, 1901.
AMTPM1 A.MV.R.
M. & B. By. I \ t ,
S'-' 1 4 1" r.v Macnn Anil »» 15
8 12 11* Lv Llz.Ha L» 1* ?' :
» III 5 97 Lv.... Cullo-l'-n ...L\ :• f
9 21 5 Si Lv.... Yatf-svllle ....Lv 9 21 - »
9 4- r. 2" I.v... Tn >m '-i'jn ...L\ 9 oo| 9
10 20i T <■"-Af.... Woodbury ....Lvj .
Southern Railway. < . ^
Ar... W. Springs ...Lv 7 oO 7 30
Ar.... Columbus ....Lv 6 30|....J
10 45
directed a verdict In favor of the de
fendant.
Judgment reversed. All concur.
Moore A Deal, for plaintiff in error;
II. B. Strange, contra.
him from the defendant Is irrelevant
and Inadmissible In evidence.
Judgment reversed. All concur.
Hall & Wimberly, for plaintiff In er
ror; A. H. Cox, M. G. Bayne and
Guerry & Hall, contra.
674. Hlers vs. Mill Haven Company, j
and vice versa. Petition for injunc- 682. Williams et al. vs. Lancaster et
tlon. Before Judge Evans. Screven j al. Suit on bond. Before Judge Fel-
superlor court. ton. Bibb superior court.
Cobb. J.—After a person has made; Simmons, C. J.—1. Under the coda
improvements or Invested capital which procedure of this state, heirs at law
must have necessarily have preceded may sue an administrator and his
the enjoyment of a license grunted to sureties upon his bond (Civil Code,
him, It becomes an agreement for a secs. 3398, 3502), and, as courts of equl-
valuahlc consideration, and the licensee ty have concurrent Jurisdiction with
a purchaser for value. While such the courts of ordinary in the settle-
license 1h executory, as a general rule, ment of the accounts of administrators
It is revocable, but not after It is ex- (Civil Code, sec. 3495), may, by way of
ecuted. Especially are the principles amendment to the notion (Civil Code,
above stated applicable In a case where sec. 4833 et aeq.), pray for an account-
the license was originally granted In ing and settlement with the ndminls-
writing and upon a valuable consider-, trator. The court, In the trial of the
atlnn moving to the licensor. 'case, will administer legal principles
Judgment on each bill of exceptions as to the legal portion of the action
reversed. All concUr. and equitable principles as to the equl-
Whlte A Boykin and Charlton &, table portion of the action. DeLacy
Charlton, for plaintiff ; E. K. Overstreet, i vs. Hurst, 83 Ga. 229.
for defendant. i 2. Such an action may be brought In
—— the county of the residence of any of
676. Tanxley vs. Lnmpkln et al. Cer-!the parties, as the obligation of the
tlorurl. Before Judge Brinson. Rich- principal and sureties on the bond Is
mond superior court. Joint and several. Civil Code, sec. 3398.
Lewis, J.—Where a laborer Institutes 3. Under the allegations In the equl-
a suit to foreclose a lien which he table part of the petition, there was
claims against real estate, and on the sufficient equity to withstand a gen-
trlul of the Issue formed thereon* there 1« **ral demurrer; nor was the petition
no testimony to show that he has com- multifarious or bad for a misjoinder
pletcil his contract of labor, a verdict of parties; nor did the amendment
for the defendant Is demanded by the thereto add a new cause of action. See
evidence. In the present case, there- Richardson vs. Adams, 99 Ga. 81.
fore, the court did not err In overrul- i 4. Heirs at law may bring their ac-
lng tho certiorari. :tlon for their distributive shares,
Judgment nfTIrmed. All concur. ! against the administrator and the sure-
B. 13. McCowen, for plaintiff In error;, tics on his bond, nnd pray for an ac-
S. F. Carllngton, contra. . counting and settlement, at any time
— after the expiration of one year from
676. Porter vs. Ocean Steamship Com- the time of his qualification. Civil
pnny. Action for damages. Before Code, sec. 3493; Adorns vs. Adams (629),
Judge Falllgant. Chatham superior decided July 18. If there are debts duo
court. i by the estate, the administrator can
Simmons, C. J.-—Where an employe' plead and prove them, and thus protect
sued his master for Injuries alleged to himself and the creditors of the estate,
have been sustained by rcasm of the Parker vs. Dowdy, 58 Ga. 439; Adams
master’s negligence, and the evidence vs. Adams, supra,
shows that. If the master waa. negll-1 , 6. If such administrator has pro
gent nt all, the plaintiff knew of such cured an order from the ordinary for
negligence*and took tho resulting rink,! the sale of land for the purpose of pay-
lt waa not error to grant a non-#ult. '.lug debts of the estate, u prayer by
Judgment affirmed. All concur* j the heirs at law for an accounting nnd
for
that if tho plaintiff, by the use of or
dlnsry care, could have avoided tho
Injury, he could not recover. East
Tenn. It. Co. v. Duggan, 51 Ga. 212.
213.
3. The evidence apparently prepon
derated In favor of the defendant, but
the Jury had tho right to accept that
of the plnlntlff on tho trial of the
case, If they believed It to bo true,
which was sufficient to sustain a ver
dict In his favor; and this having
been sanctioned by the trfitf Judge, hi©
judgment overruling the motion for a
near trial must therefore stand.
Affirmed. All concur.
Joa. B. A Bryan Gumming, 8andera
McDaniel, for plaintiff In error; Ar
nold A Arnold, contra.
670. Southern States Exploring and Fi
nance Syndicate, Limited, vs. McMa
nus. Attachment. Before Judge
Hold. City court of Atlanta.
Little, J.—L It docu not appear, aa
alleged In tho motion for a now trial,
that th* contentions of tho defendant
wore not fairly and fully stated to the
Jinj.
2. It waa not erroneous to allow the
plaintiff to testify to the fact that ho
sent a report to the defendant, when
ths Judge, at the time the evidence
admitted, restricted such evident*'
the fact that the report waa made.
3. The Judge properly rejected *vl
dene© relating to transactions between
the plaintiff and another, which had
no relevancy to th** issues on trial,
4. The refusal to grant a nonsuit as
to n particular Item of the plaintiff's
account waa proper, there being no
Much thing aa a "partial nonsuit."
Swain v». Macon Ins. Co., lot Ga. 36;
Talbolton It Co. vs. Gibson. 106 Qa.
22; Southern It. Co. vs. Hardin, 107 Ua.
Ar:::... Grimn Lv
Ar Atlanta ..... **
Southern Railway.
10 401..<
9 16 ...
9 50 ...
sance with resulting Injury to reality
gives a cause of action against the
municipality In favor of the owner of
such realty, and on th* trial thereof
he may recover for all damages to
his property which have occurred with
in four years of the filing of his pe
tition. This is so without regard to
the time when the sewer was con
structed, or when It became In fact
such a nuisance. Held v. City of At
lanta, 73 Ga. 523 and caeas cited;
Smith v. City of Atlanta, 75 Ga. 110;
Maguire v. Mayor, etc. of Cartersville,
76 Ga. 84; Mayor and Council of
Brunswick^v. Tucker, 103 Ga. 238;
Holmes v. Atlanta (691) and Mayor of
Waycross v. Houk (6S4), this day de
cided.
Judgment reversed. All concur.
Lumpkin & Colquitt, for plaintiff; J.
. Anderson, J. T. Pendleton, J. L.
Mayiton and W. P. Hill, for defendant.
6S6. Doggett v. Exchange Bank. Fore
closure of -mortgage. Before Judgo
Lumpkin. Fulton superior court.
Lumpkin, P. J.—l. Though a trial
judge may erroneously refuse to allow
certain specific questions to be ans
wered by a witness, yet this ir not
cause for a new trial when It affirma
tively appears that. In response to
similar questions propounded to the
Witness 1 during the course of his ex
amination, he was subsequently per
mitted to testify fully with respect to
the matters to which the questions
first related.
2. The finding of the Jury in the
present case waa not without evldenco
to sustain it.
Judgment affirmed. All concur.
T. C. Battle anft J. K. Hines, for
plaintiff In error; Roner A Carter,
contra. t
4 30;Lv Atlanta .....Arl
... 5 64lLv Griffin Ar
... 5 20|Lv.... Columbus ....Ar
6 40ILv... W. Springs ...Ar
) m. & b. R’y. * „
7 00 Lv.... Woodbury ....Ar 8 10
7 20lAr Harris .Lv 7 601.^-
1 C. of Ga.' R’y. • I
Ar.... Greenville ....Lv 7 30 ....4
Lv.... Columbus ,...Ar 10 05 ....*
M. & B. IVy. I
Lv Harris Ar 7 60 ....-
Ar.... LgOrange ....Lv 7_<ttl......
Nos.'33 and 34. Sundays; Nos. 31 and
% o r 3 y i and 32 connect at Macon with
Central of Georgia Railway to and from
Savannah and Southwestern Georgia, and
with the Georgia Southern and Florida
Railway; nt Yatesville with Soutoern
Railway for points south of YatesGUc,
at LnGrange with Atlanta and West
Point Railroad for points north of La-
G No* e 33 and 31 .Warm Springs Limited,
stop only at Llzella, Morans. CuUoden,
Yatesville. Thomaston, Crest and YV ood-
bury, running through solid to Warm
^Trafns arrive and depart from corner
of Fifth and Pine streets, Macon, -Ga.
JULIAN R. LANE, Gen. Man.
M. R. MEADOWS. Gen. Agt. _ . t
THOS. H. FREEMAN. C. T. A., Hotel
Lanier.
J. A. STREYER. Com’l Agt.
Macon, Ga.
GKOnGIA AND AI-AU.VM V RAILWAY,
Effective Jan. 1. 1901.
mnuJU
1 30pm I Ar Cordele Lv| 2 08pm
2 10pm
8 03pm
s -j'.pm
3 10pm
6 20pm
7 65pm
12 ttngt
(Via G. & A.> .
Cordele ....7..[Ar 1 40pm
•* Lv 7 03am
Lv
Ar Fitzgerald
Ar Savannah L
Ar.... Montgomery ....Lv
Ar.... Birmingham .....Lv
Ar Mobile Lv
Ar.... New Orleans ....Lv
4 03pm
12 20ngt
7 40pm
sstcr A Buvenel and R. L. Coldlng, 'aettlemant with him and to enjoin the
plaintirr; Lawton A Cutinlngham, execution of the order of sale. Is not a
defendant. j collateral attack upon the judgment
—— ! granting the order.
677. Brooks, administrator, et al., vs. i 6 - A collateral attack upon a Judg
Miller. Before Judge Norwood. City ment may be made In any court upon
court of Savnnnah. (the ground of fraud. Civil Code, secs.
Lewis, J.—The facts of thla cnee n» &370. 4032; McArthus vs. Matthewson,
reported In 103 Ga. 712 are not mate- °7 Os., 134. If the allegations of fraud
Hally changed upon tho speond trial, “ re » ot sufficiently explicit, the petlJ
and the Judgment of the lower court,, tlon la subject on this ground to t
not being In accordance with the do- "pedal and not to a general demurrer,
clslon rendered when the case was here 7- A prayer in such a petition that,
before, must be reversed. upon a final accounting between tho
Judgment reversed. All concur* 'heirs and the administrator, the latter
Denmark. Adam# A Freeman, for way be compelled by the decree of the
plaintiffs In error; Saussy & Saussy, court to deliver to the heirs the land
contra. ! sought to bo sold does not render the
suit one respecting tho title to land,
678. Brush Electric Light and Power nnd the decree prayed may be had In
Company vs. Wells. Case. Before n- court of equity In a county other
Judge Norwood. City court of Ba-ilhnn thnt ,n whlrh the land lies,
vnnnnh. j 8. If the allegations In the petition
Hltnmon*. C. J,—Where the losing nre true, the conduct of the ndmlnls-
party In the trlnl of an action In the trator and his treatment of the heirs
court below moves for a new trial upon was not too strongly characterized in
many grounds, and the trial Judge, by that part of the petition to which the
written order, grant# the motion gen-administrator filed a special demurrer,
orally, the movant cannot except to & * n order to determine, upon tho
the grant of his motion, although In a hearing of a demurrer, tho sufficiency
colloquy between his counsel nnd the the allegations of a petition In equl-
Judffe, the latter may have stated that ty* the court has no power to look be-
the now trial waa granted for reasons V°nd the allegations of the petition to
other than thorn- given in the motion.; consider the answer thereto. Tommey
Writ of error 4tanl*#ed. All concur. i VB * « Ga. 260; Griffin vs. Stew*
A. C. Wright and Saussy A Saussy, !**}• I® 1 Oa. <20.
for plaintiff In error; Twiggs A Oliver,! Judgment reversed. All concur,
contra. j Hardeman, Davis, Turner & Jones.
- H. E. Coatea and Hall & Wimberly, for
679. Germania Bank vs. Collins, Gray- 1 ha em>r; Anderson & Grace
son A Co. Complaint, Before Judge and Hall A Wimberly, contra.
Norwood. City court of Savannah. I
Lewi©. J.—In a suit upon a chose 633. Fambrough vs. State. Accusation
In action by the holder of the equitable' of cheating and swindling. Before
title thereto, the plaintiff may amend! Judge Hammond. City court of Grir-
hls declaration by adding the name of
687. Perklna v. Dunn. Claim. Before
Judge Lumpkin. Fulton superior
court.
Fish, J.—The evidence was sufficient
to support the verdict, nnd there wan
therefore no error in refusing to grant
a new trial upon the ground that the
verdict was contrary to law and con
trary to the evidence.
Judgment affirmed. All concur.
O. E. A M. C. Horton, for plaintiff
In error; Shepard Bryan, contra,
688. Willingham v. Sterling Cycle
Works. Complaint. Before Judge
Reid. City court of Atlanta.
Lumpkin, P. J.—l. Points /jclded by
the supreme court in a given case
muct, upon another hearing thereof,
be treated as settled.
2. Assignments of error in admitting
testimony must disclose w'th reason
able certainty what the alleged ob
jectionable testimony was.
3. Proof of the secret intention or
purpose of the writer of a document
as to what he "meant" to expre.*J
thereby Is not admissible to bind an
other.
None of the grounds of the motion
a new trial filed In the present
cos? disclose the commission* of mate
rial error in any of the rulings or
charges Complained of; nnrl the evi
dence warranted the verdict.
Judgment affirmed. All concur.
Culberson & Willingham and West
moreland Bros.,' for plaintiff In error;
Mayson A IIIII, contra.
689. Sessions vs. Payne & Tyt. Com
plaint. Before Judge Reid. City court
of Atlanta.
Cobb, J.—It Is contrary to public pol
icy for an agent, without the full
knowledge and consent of his princi
pal, to do any act or make any con
tract, In carrying out the business of
his agency, the effect of which will be
to bring the personal Interests of tho
agent In antagonism with those of tho
principal. Thus, where one was em
ployed os agent for another to engage
the professional services of an nttorncy
nt law, puch agent could not lawfully,
without the assent of the principal, con
tract with the attorney to receive from
him a portion of the fee to be paid to
hlrn for auch services by the principal;
and the law will not, at the Instance of
the agent, enforce a contract qf this
nature against the attorney.
Judgment affirmed. All concur.
Harrison A Bryan and J. K. Mozley,
for plaintiff; Spencer R. Atkinson, for
defendants.
(Continued on Pnge 15.)
(Via So. Ry.)
12 65ngt|Lv Macon Arl 3 06am
3 2<Jam Ar Helena Lv 11 53pm
6 84am Ar Collins. Lv 10 tfpm
7 32pm|Ar„\. Savannah ......Lvj 3 00pm
Close connections made at Savannah
with steamer lines for Baltimore. New
York nnd Boston and all junction
points with lines conerglng.
Immediate connections at Montgomery
with Louisville nnd Ohio for all points
West, North nnd Southwest.
MACON A NEW YORK SHORT LINE
Via Gcorsrln It. It. mid Atlantic
Count Line.
Through Pullman cars between v Macon
and New York.
Lv. Mltiedgevlue .
Ar. C.imnek. . . .
Lv Camack.. . . .
Ar Augusta, C. T.
Lv Augusta, E. T.
Lv Florence. . . .
Lv Fnyetevlllo. .
Ar Petersburg. . .
Ar Richmond. . .
Ar Washington. .
Ar Philadelphia .
Ar New York. . .
Ar N.Y., W 23d st
10 10a
11 40a
11 40a
1 29p
2 30p
7 I0p
9 43p
2 33a
3 23a
7 00a
10 35
1 03p
1 35 p .
Trams arrive from Augusta and points
on main line 16:« a. m. and 0:25 p. m.
From Camack and way stations 6:00 p. m.
A. G. JACKSON. Gen. Pass. Agt.
W. W. Hardwick. Gen. Agt., 409 Cherry
Cherry st.
TIPTON AND NORTHEASTERN U. 1L
•'Soldiers* Colony Route."
Effective Feb. 3. 1901. * 7 90pm
7~t311 i _____ _ 13 rrrrr
P MIP MIA MLv^ Ar V M l* M P M
Tlfien ....it* 131 6 10 6 16
Mystic ...11 23 111 ill 1
Fitzgerald .ill GO; 5 00] 5 u j | %
P M|P MIA MIAr. V 'LvIA MIP M!P M
the person who hold* the legal title,
suing for hla use.
Judgment reversed. All concur.
George W. Owens, for plaintiff;: Os
born * Lawrence, for defendants.
630.—Lang & Company v. Camp Phos-
phate Company. Complaint. Before
Judge Falllgant. Chatham superior
court.
Cobb, J.—l. The city court of Griffin
being a court from which writs of er
ror 11* directly to the supreme court,
and the act establishing the city court
creating the office of solicitor thereor,
and providing In effect that he shall
represent the state In all criminal cases
prosecuted in that court, it la his duty
to represent the state In the supreme
court in criminal cases brought there
3 10 3 10 I 001.... Tlfton ....III 131 6 i
3 56 3 5* 9 01 ... Mystic ... 1! 23 S S
4 151 4 15] 9 30|. FUsgoraid .)» go; 3 C
; M|P MIA MIAr. t LvIAMlPI
Trains Nos. ), 2, 3 and 4, run dally ex
cept Sunday; trains Nos. 7 and S, run on
Sunday only.
All trains make connection with the
riant System. Georgia Southern and Flor
ida, Tlfton and Moultrie and. Tlfton.
Thomasvllle and Gult, at Tlfton. and
Geortla and Atibama at Fltzg-rald.
F. O. BOATWRIGHT. Traf. Man. ’
Lewie. J.—It appearing that the from the city court. The case of
plaintiff* action was not based upon cooper vs. State, IM Ga. 405, upon a
any written contract, but upon claim©
ch of Srhieh con-1176.
talned a "mortgage clau*>," making the 6. Th* request to charge was not
Insurance vayable to a mortgagee of 1 warranted by the evidence, and waa
the property, and the full value of th* I therefor* properly refused.
proj»erty destroyed waa paid to such! 6. There waa. utuler the evidence, no
mortgagee by some of the Insurance error In charging the Jury of which
companies, auch owner thereafter had j complaint la made In the motion,
no right of action against another in- J 7. The record contains .sufficient evt
on If before such dun<
settlement of the loss It may have been
liable to him upon It© policy.
2. If a plaintiff has himself no legal
right to bring a particular action, he
cannot sustain the same by amcndtnx
his petition so oa to sue tor the use of
another |*arty.
Judgment reversed. All concur.
King A gpaldlng, for plaintiff In
trror; Fraser 4 llynds, Dorsey, Brew
ster A Howell, contra.
<46. Smith et aU va Georgia 1
Savings and Bonking Company. Be
fore Judge Reid. City court of At
lanta.
t*»»bb, J.—L After the renunciation by
one party of a continuing
•(©ring of mutual obligation*, tty* other
party la at liberty either to Immediately
treat such renunciation i* a broach of
the coo tract and sue for any damages
he has sustained by reaeon of the
breach, or to treat the contract as still
bird tag. and writ until lie? time arrive*
for It© performance, tn order to give
the party who has repudiated the con-
t . rtunlty to comply with It*
t* r -
2. If after the attempted renunciation
In the nature of open accounts against
the defendant, and that suit was not
Instituted for more thhn four yearn of-
t**r the debt became due, the court
below did not err In rustalnlng the de
murrer to the plaintiff's petition upon
* w ground that It* allegation* ehowed
review thereof. Is affirmed.
t. An accusation charging that the
accused falsely represented that an
other had promised to pay for goods
sold and delivered to the former Is not
supported by proof showing merely
that the accused falsely represented
that another had promts*--d to become
upon their face that the claim was security for the payment of the goods.
barred bv the statute of limitations.
Judgment affirmed. All concur.
Mercer A Mercer and R. R. Richard*,
for plaintiff: Denmark. Adams A Free
man and \v. T. Johnson, for defend
ant.
6*1. Equitable Securities Company v.
Green et al. Ejectment. Before
Judge Felton. Crawford superior
to support the verdict,
judgment affirmed.- All concur.
Tompkins A Alston, for plaintiff In Bimraons, C. J.—l. The record dls-
error; Goodwin A Hallman. J. A. An- cloae* that there war sufficient proof
on and R. a. Ilartsfield, contra. I of the execution and loss of the deed.
—— the contents of which it was ©ought
671. Almnnd A George va. Kqultab!* I to show by parol evidence, to author*
Mortgage Company. Claim. Bef<
Judge Candler. DeKalb superior
court.
Fish, J.—l. One who bases a claim
to land upon the proposition that he
purchased It at an administrator's sale
la not injured by evidence tending to
show that the latter's Intestate waa, at
the time of his death, the owner of the
land.
2. A deed purporting to b> that of a
business corporation and to have been
executed In the corporate name by the
president of the corporation Is. If the
corporate a**»l be stU. VI thereto, prt-
ma facie valid \Yherr n*rh a deed
waa offend and Admit'*d -».r »biec-
Judgment reversed. All concur.
Thomas \V. Thurman, for plaintiff in
error; O. H. P. Slaton, eoltcltor, con
tra.
6$4. Mayor and Council of Waycro?a
et al. v. Houk. Injunction. Before
Judge BenneL Ware superior court.
Lumpkin. P. J.—l. Although . muni
cipal authorities may have plenary
power* In the matter -of establish’n«
a sewerage system for a dtr. they
can not lawfully create, In connection
therewith, a nuisance dangerone to life
or health; and, when necessary and
proper, a court of equity will .at the
instance of a citizen Injuriously affect
ed thereby, enjoin the maintenanec
the ssme.
While, tn the present case, a local
Ize the admission of rnch evidence.
2. Before th# tewtlmor.y a? *n attor
ney at law can be excluded on the
ground that such testimony would di
vulge privileged communications of his
client. It must be shown that the re
lation of attorney and client existed.
This was not shown in the present
cose.
5. Where A conveys land to B and . - P- -
B conveys It to C as wvurity for a held accountable for th» maintenance
, c * — J '“•* 1 1 - - thereof, notwithstanding they may not
have been responsible for Its creation.
Judgment affirmed. A!! concur.
Leon A dVtls'ftn J*>hu C. McDon
ald. for plaintiff In error; Toemer A
debt, and Judment la obtained by
d levied upon the land as the prop
erty of B and A llles a claim thereto,
in tho trial of a enlt In ejectment be
tween C and D. to whom a had con
veyed thr same land, the claim affi
davit cf A Is not odmisftble as evi
dence In favor of D against C. This
testimony does not appear to have
been offered for the purpoos of Im
peaching any testimony of A.
4. Where a husband convey© r»- 4
to 1 > * -. and she borrows a
L,
r.ey Ifefttve
Schedule Effective July 1st, 1901.
Trains arrive at and depart from Union
Station, corner Fourth and Plum rireets.
Leavu Arrive
Macon. (30th Meridian Time.) Macon.
12 COnm ,
t 4 45am
8 10a r
Savannah, Ml Men, Au- I
frusta and intermediate 1
■ i•••■ PQlnta ..j* 3 33am
Tybeo Seashore speclalT *
Savannah and Tjrbee,
..... Sundays only 1*12 26am
Savannah, Millen, Au-1
gusto, MllledirevlUe. J
Eatonton. Covington, 1
and Intermediate polota I
via Gordon r 3 45pm
MUledgevilte. Eatonton
and Intermediate points
vU Gordon
t 7 45ara
Ath -ns.'Madlson, Mon. I
tlcello and intermediate
print* (* 7 15pm
4 15am*Atlanta. Griffin, llarnes.ini tfcui
».(»aml vllle. Rome, Chatta |* 7 20pm
. l nooga and Intermediate
.. points 1*12 20aro
T)irm T bghatn, Coiumous i
ana intermediate points f
also Montgomery via j* 4 05p»
Columbus -12 46»n
* 3 62am
11 00am .
Tllti PULLMAN CAR USB.
Between Lonfartllc. or Cluclnaatf,
Iiidlnnnpolla anil Chicago uml the
Northn «**t.
Ycatlbuletl Sleeper on night trains,
pnrlor and dining: cars on «lur
trains.
J. need, G. P. A.. Chicago!
I». A. Denmark, Gen. Agt. Valdosta,
Ua.
MACON, DUBLIN A S A TAN N AII R. R.
stations: rmr
P MIP Ml
4 00 1 13 LV
4 IS 8 » 8
4 15 3 M* I
!A M A M
.. Macon Ar ,rt — ''
Swift Creek
I>ry Branch.
•» * w] Pike’s Peak —
JM^::::::. Fi nP P V/v c,t .’*
5 « ♦ a J.n.riorfvmi .....
5 ! fK Ojllimoro
| ffl f* All.ntown
OK- - -- JOSSSW I.W tfeS. puditT
board of comml.fionor, mar b»v* had •*? M<vir. «M I II
«3cc1u*ive control over th, rcwcraicc i t5IAr Dublin .Lv! t r'l t —
iyrtvm of tho city. It «». ncv«rth«-
lc»« the duty of the mayor and conn
Ko*. t and 2. mlard. dally «xc«pt'Bun-
WRiairnviiu * tknnillk nn.
__E(r«Uv»ji u B day, May K MB.
* I > 1,» I •tatlona. t 1 I t I «
tripyiAiti.v. ahpmipAil’ll
Tannin* ..lUdHTefT**
151!ft 15 n-rithwn. :::• *» **«
iSiH I a— Dublin ...:n is! 4 is! « »
n S .iS 1 ? J- HawWna-ii. If !'■ i tS
lt!a »r a!p u
8 and 4 dally
nd 6 Sunday only,
ipt, and G. V. A.,
Sunday'only!*~ Da ‘ ly Sun4a * »“
Savannah on*l Macon and Atlanta,
and. on Tybee Sc-athore Special!
‘ll«.rn::K betw«»‘n Savoouzn and
Bjrmlnpham via Macon and Columbus.
Direct i nn< etion la made at Birmingham
\yj Memohts. Kansas city and all points
Rest and Northwest. I’udrnan Drawing
Room sleeping cars between Macon. At-
fet*. Chattanooga. NashvUle and st,
Louis via Martin cn train leaving Macon
at 4:15 a. m. and arriving Macon 12:20
!s , n ? ad '® Savannah with
th.* magnificent eteare-hlp< of the Ocean
Company and Merchants' and
Miners Transportation Company for New
York, Boston. Baltimore and PhlladeN
ph ^ i.
u Fo P detailed ^Information, rates, sched-
J M MALi'oitY. Trav. Pah. Agt..
JNO. W. BLOUNT. Agt.,
411 Fourth SL
E. F. BONNER, Union Ticket Ag^nt,
Macon. Ga.
J C. HAIT.E. General Passenger Agent.
E. li. h!‘.'ton. TrafDe Managar
THEO. D. KLINE, Gen. Sup^rlntend^nt.
i . . Savannah, Ga.
THE GEORGIA PINE RAILWAY CO.
OF GEORGIA.
Tkrfin*trc«ka River Route.**
Schedule Effective April 2*. 1»1.
~ h bound.
l ^ 5 ‘SaOf; Mo
* X S‘ Nos. | an'
Northbound.
IS I 1 ~f 8 ~1 Buttons
A'M|A M PM Ar. ' LvlF
wu- I 3 I 4 1 u*
M is io 4 4<i. Arlington
Damascus
. Korea
Criqutt .
Boykin
|MIAH
ID ftW 9 SO! 4 331
9 S*l 9 1 • «
* W 9 V. 4 «
» 13] * U! 3 Ct
lW9Wt¥*
7 w. i *y i
TtMt64(3l3‘
■ • ' 2w tautu
CMonmde
Kilnbrfl
7 KV 8 t «i;w. Ralnbrige 12 ff.
7 fM 8 Uj • Balnbrfdge .lit < 49* « S
A M A M’iPMLr. A- n \t p v r>
Noe. I. 1 8 and 4 daUyT No*. « and 2*