Newspaper Page Text
THE MACON TELEGRAPH: WEDNESDAY MORNING, AUGUST 17, 1904.
3
j)ci3 oq\v
ORt/tmSJWYAL
etuei
WHIPPLE AND QUINN
D1DN,T LIKE THE DEAL
Instead of Donning Augusta Uniforms
and Appearing Upon the Visitor’*
Bench Yesterday These Two Athletes
Viewed Game From Seats in tho
Grand Stand—Segars, is Said to
Have Been Pulled Into a Scheme.
in the by
tmvn plat
To s«t the genoinc, be
T>f. King*b4layag Gerr/rt-jcr.
worthless liidt
unscruinloi
l>’.*t4£u-. Micb., Ju. L I,
la » ****** WM-k «» inaicolsr rt, ouaejam.
I ese-'l*. KlOjf’a hey*1 Ckrrpc^jS *d*cnu*d ta tba
vapor*. I tv.j hr u h- I (bat mm m«d me per-
rouaifctljr, thnoagb 5 Wi*Khno*t I r©u1S net
attSOrtfft hi In ALICE THOMPSON.
Da out tmer tr.e «7C9toas of a disease — go to the
jourOeuf tho trvitir, rrajovr t'.r f <*><■ v -r.i
the *ytavtoaa MrilWIv.! vrsr. D». King's Royal Genna-
tuer (taaoves the cause. Our book, describing maay
tvcedetful dirts, sent free on request.
SS nmtNTTO TAH C MS LI MON SOX
Price, everywhere, $1.09 « Bottle, or Six for $5.00.
Cermctucr Medical Co., bamnccviilc,g*.
^xxyyoooooocooooooooooooooo
o a
MANTLES AND GAS
FIXTURES CHEAP,
25c Mantles for 15c
20c Mantles for 10c
15c and 10q Mantles for .. 5c
5c Mantles for 2 He
CENTRAL GEORGIA PLUMB
ING & HEATING CO.
159 Cotton Ave. Phone 2036.
INTERNATIONAL
Marine. for Lighting.
Pumping and Hoisting
Outfits, all kinds of ma
chinery, Launches and
Boats. Send for cata
logue and prices.
International Power Vehi
cle Co.. 350 Third St.,
Macon, Ga.
SUPREME COURT OF GEORGIA.
Decisions Rendered Friday, August 12,
1904.
832. Evans and Davidson vs. Phillips.
Injunction. Before Judge Roan. De-
Kalb superior court.
Simmons, C. J.—Under the facta dis
closed by the record, the trial judge
did not abuse his discretion In grant
ing an injunction.
Judgment affirmed.
DuBlgnon and Alston and L. B. Nor
ton. for plaintiff in error; Bishop and
Ripley, T. F. Corrigan and D. P. Phil
lips, contra.
883. Perkins vs. Waters. Before Judge
Evans. Screven superior court.
Fish, P. J.—There was no complaint
that any error of law was committed
on tho trial. The evidence authorized
the verdict, and the court did not err
In refusing to grant a new trial.
Judgmeat affirmed. Evans, J., dis
qualified.
J. W. Overstreet, for plaintiff
error; White and Boykin und Boykin
$1.35
MACON
TO
FLOVILLA
(Near Indian Spring)
AND RETURN.
Tickets on Sale August 10th to 20tb.
Final Limit August 22. 1904.
ACCOUNT
Holiness Camp
Meeting.
Trains leave Macon 3:05 a. m., 8:30
a. m., 1:35 p. m.. 7:30 p. m. Extra
coaches provided, and Parlor Cars on
all trains.
JAMES FREEMAN,
TRAV. PASS AGENT.
NORTH OR NORTHWEST
TRAVEL VIA THE
“EVANSVILLE ROUTE”
(E S T. H. S C. & E I.)
The best equippod and most
direct lino to Chicago and
all points reached via
Chicago.
Inquir
time, etc., addressed to rep
resentatives given below will
receive prompt and courteous
attention.
T. F. JofFries, G. P. AT. A.,
Evansville, Ind.
D. H. Hillman, G. P. A.,
Evansville, Ind.
S. L. Parrott, D. P. A.,
Atlanta, Ga.
and Evans, contra.
834. Beard vs. White. Equitable peti
tion. Before Judge Holden. Rich
mond superior court.
Lamar. J.—1. While under the Civil
Code, section 499G, special pleading is
not admitted, yet where by wav of set
off or cross-bill tho defendant makes
an affirmative claim against the plain
tiff, tho court may require the plaintiff
to meet such allegations by appropri
ate pleading. Civil Code, sections 4840,
5050.
2. Where the defendant makes no
motion therefor, she cunnot, nftor the
case has been submitted to the Jury,
take advantage of the plaintiff’s failure
to reply; nor is tho plaintiff's silence
to be treated os an admission of the
allegations In tho cross-bill.
S35. Fleming v. Georgia Railroad Bank.
Equitable potltlon. Before Judge
Gary. Richmond superior court.
Evans, J.—1. Where one borrows
money from a bank to pay for land,
causes a conveyance of the Innd to bo
made to the bank, and gives his note
to tho bank, containing a recital that
It la secured by the deed, such con
veyance. though absolute on its face.
Is a deed to secure the payment of the
loan.
2. No subsequent Indebtedness of the
borrower to the bank Is secured by
the deed, unless there is a written
agreement that such Indebtedness shall
thereby be secured.
3. The stipulation In the note given
for the subsequent Indebtedness hud
no reference to the security deed, and
was not an agreement that such In
debtedness should be secured by the
deed.
4. The petition set forth a good
cause of action, and the court erred
In sustaining tho demurrer.
Judgment reversed. Lamar, J., dls
qualified.
William H. Fleming, for plaintiff:
Josoph II. & Bryan Cumming. for de
fendarft
An eruption, on the order of the re
cent Mount Pelee disaster, but not
quite ns large, broke loose in local
seball circles yesterday and caused
end of talk through fandom here
until a late hour lust night The trouble
all because Whipple and Quinn
didn’t seem to like the idea of handing
over their berth with the Highlanders
and roughing it from now on with the
tall enders.
When the deal was completed on
Monday night between Manager Smith
and the Augusta magnate by which
hippie and Quinn were traded for
olchow and Chandler all parties in
question seemed satisfied. Nothing
is heard of the mutter officially until
few minutes prior to the time to
leave for the ball pArk. About one
half hour before leaving time Captain
Spratt was informed that Whipple und
Quinn had changed their minds and did
not enre to go to the park wearing uni
forms of the tall enders. So the mat
ter rested for a time. When the Tour
ists boarded a car and went to the
park but eight men were in the bunch.
The missing members were tho men
recently traded. Arriving at tho park
Sprutt failed to discover either man
arrayed in bnll togs. After the gamo
was in progress Whip and Quinn were
seen in civilians clothes seated In tho
grand stand.
When seen last night Manager Billy
Smith made the following statement:
“I believe that Whipple was in a meas
ure responsible for the difficulty. Qlunn
seemed not to be displeased with tho
deal. He must have influenced Quinn
as Tom promised me that he would do
as I asked of him. As to Segars he
was probably persuaded to balk also.
However I feel assured that all the dif
ficulties will have been straightened
out by time of play today. As for our
deal It still holds as good as when
made. We havo both Polehow and
Chandler and both seem well pleased
with the change. Polly will pitch to
day and we expect to see Whip on the
slob ogainst us."
836. Pyron & Son v. Ruohs. Com
plaint on notes. Before Judge Reid.
City pmirt <>t At I . r.tn.
Candlor. J.—1. On tho trial of an is
sue of fact raised by a plea to the Ju
rlsdlction. the burden is upon the de
Macon
-TO-
St. Louis
Double Daily Pullman Service via Cen
tral of Georgia Ry., W. & A. R. R.» N.
C. & St. L. Ry.,
Illinois
Central
Railroad
On the following schedules:
Pullman sleeping car on 4:15 p. m.
train starts from Macon, connecting
with all trains from Southwest Geor-
A partnership may bo sued In any
county In which ono of the partners
has such a residence os will confer
upon the courts of that county Juris
diction of his person, regardless of the
place of his citizenship.
3. Tho grounds of tho motion for
new trial, on the plea to the Jurlsdlc
tlon, which are not specifically dealt
with, show no error on the part of the
trial Judge requiring a reversal of the
judgment refusing to grnnt a new trial.
4. In an action against an alleged
partnership on promissory notes pur
porting to have been executed by the
Arm and reciting that they were given
for an amount due the payee on goods
furnished to the maker, a special pie*
in abatement, which averred that the
partnership was dissolved prior to the
execution of tho notes, and that the
plaintiff (the Indorsee of the notes)
had notice of the dissolution, but
which did not aver that the payee had
such notice, or that the qotes were
not given for partnership debt, was
properly disallowed.
5. In an action upon the uncondl
tlonal promissory notes by the In
dorse# thereof, a plea which merely
denied the allegations of each and all
the pamgraphs of the petition and
averred that the notes were without
consideration, but which did not aver
that the plaintiff hid any notice of thf
lack of consideration, set up no meri
torious defense to the suit, and was
properly disallowed.
6. Where In a promissory note the
obligation to pay was not limited or
contingent, but was absolute and un
equivocal. the character of the noto
ns an unconditional contract in writ
ing was not affected by a recital there
in that It was given for an amount duo
by the makers for goods furnished by
the payee, "which property is consign
ed to us under the express condition
that the title to said property or the
proceeds thereof is Jo remain In said
payee, and not to pass to us until s
aforesaid sum shall have been paid
folL In accordance with a contract be
tween said payee and the maker
this note."
7. Regardless of the correctness
the, point urged against the recital
the note describing the transaction 1
tween the makers and the payee ai
"consignment." the petition was g<
# Coach *)
Tuesad yir
curaloo tickets <
August.
All tickets reading to Chicago
points beyond will be honored via
Louis In either direction by the lllii
Central Railroad.
For full Information and oh
car reservations call on your n
ticket agent or address
against the oral demurrer.
Judgment affirmed.
Smith, Hammond & Smoth, for
plaintiffs in error; Rosser & Bmp don,
contra.
837. Martin ot al. vs. Peddy. As
sumpsit. Before Judge Parker.
Johnson superior court
Fish, P. J.—1. In a sale of timber
growing upon land. If the purchase is
per acre, a deficiency In the number
of acres may be apportioned In tho
price. Civil Code, section 3542. This
is true although both parties have nn
equal opportunity to Judge for them
selves as to the number of acres, and
act in good faith.
2. If a salo of growing timber bo
at a stipulated price per acre, a given
portion of tho purchase money to bo
paid In advance, the balance when half
the number of acres—to bo determin
ed by a survey—.hall be cut by tho
vendee, nnd upon such n survey it Is
ascertained that the actual number
of acres sold at the agreed prlco ag
gregates a sum lcs3 than the nmount
paid In advance, the vendee may re
cover such difference from tho vendor
3. In such a case the provisions of
the ctvll code, sections 3974. 3993 and
3984, as to when relief will be granted
In equity for a mistake of fact, are not
applicable.
4. In a contract of sale of growing
timber for saw mill purposes, tho
words "one certain lot of yellow plno
timber for saw mill purposes” mean
timber suitable for saw mill purposes.
5. That tho Judge on tho trial of a
cuso decllnos to permit counsel to rend
a decision of the supremo court, which,
In tho opinion of the Judge. Is not np-
pllcublo to the facts of tho case on
trial. Is not enuso for a new trial. Nor
Is It error for tho Judge to state, In
tho presence of tho Jury, that a given
decision Is not applicable to the cose
on trial.
Judgment affirmed. Evans, J., dis
qualified.
E. L. Stephens, for plaintiffs in error;
m
Still & Live* Question
Question of Livelihood
O
Do
You 1
Know
Uneeda
Biscuit
9
Do you know them thoroughly? Not merely by hear
say—not merely by name—not merely by sight, hut by
comparing them in taste, flavor and goodness with any
soda cracker you ever ate.
Do you know of their superior freshness, cleanliness and
purity as compared with the common soda crackers that
come in a paper bag?
Do you know of their perfect wholesomeness and
nutriment as compared with many of the every day articles
of diet? Do you Know of their perfect protection in an air
tight package that keeps out the dust, moisture and odors?
If you do not know all this,buy a package NOW and know
Uneeda Biscuit
NATIONAL BISCUIT COMPANY
FRED D. MILLER.
No. 1 North
J. L. Kent, contra.
838. Newkirk vs. Southern Railway
Company. Certiorari. Before Judge
Parker. Glynn auperlor court.
Cobb, J.—1. An averment In a plead
ing. or an OHfdgmnent of error In a pe
tition for certiorari, that a named
Htututo "1« unconatltutlonnl and void,"
la too voguo and Indefinite to rat no any
queation for determination.
8. A defective analgnment of error
In a petition for certiorari cannot 1*
cured b- averments In a hill of excep
tions assigning error'upon the refusal
of tho Judge of the superior court to
sanction tho certtorarL
Judgment affirmed.
Frank II. Harris and Woodford Ma
bry. for plaintiff; Kay, Bennet * Con-
yera, for defendant.
839. Duke vs. Bfbb Manufacturing Co,
Damages. Before Judge Bonn. New
ton superior court.
Iaimar, J.—The plaintiff sued for In
juries occasioned by n cord getting
caught In moving machinery. An In
spection would have disclosed Its con
dition and liability to get In the shaft;
but It uppeurrd that n» had not exam
ined and did not know of its condi
tion, and there was nothing In the evi
dence which affirmatively showed thnt
he was hound to Inspect, or that ho
was required to be ou that side of the
machine where the cord was tied, so
as to see that It wo, unsafe. He proved
his case aa laid, without establishing
such additional facts as would dis
prove his right to recover. It was.
therefore, error to grant n non-suit.
I-.vens vs. Josephine Mills, 119 Oa. 451.
Judgment reversed.
f.~ no PS! ttnd H Cornwell, for
^plaintiff; J. M. Pace, for defendant.
"f-jmSF i Cl***. IW«r. Judge
Littlejohn. Sumter superior court.
Evans, J.—There was no error In
overrullry? motion for a continu
ance. nor in the rejection of testimony.
There being no conflict In the evidence
the direction of a verdict by the court
was proper.
Judgment affirmed.
C. R. Winchester and Allen Fort A
Melherln, administrator, v. Ken
" u PPort. Before Judge
Holden. Richmond superior court.
Simmon*. C. J.—l. Where a widow
applies to the court of ordinary for a
year's support to be*set apart out of
her deceased husband's estate, and ap.
pntisers are appointed who set apart
and assign to her certain specified
property, a creditor may file objections
to the report on the ground that th*»
amount allowed the widow Is excessive,
and that the appraiser* failed to take
Into consideration the solvency or In
solvency of the deceased husband’s cs-
untll the Judgment is affirmed in tho
superior court. The only effect of the
Judgment appealed from Is to prevent
alienation of the property. Civil Codo,
sections 5340, 5352.
3. An executory agreement to con
vey property, pay money, or perform
services will not be enforced by the
courts, if tho contract Is based on nn
immoral consideration.
4. So. too, where tho consideration is
immoral hut the contract has bo*n
fully executed, the courts, applying the
same principle, will lea ye the wrong-
doom where they have placed them
selves.
5. In Georgia there Is no necessity
for livery of seisin. The contract Is
executed and the title pa" 1 ** upon the
delivery of the deed.
6. Tho grantor and his privies In
estate are concluded by the execution
and delivery of u deed to real estate,
though the consideration be Illegal or
Immoral, and regardless of whether
there Is contemporary or subsequent
change of possession.
Judgment affirmed.
F. W. Capers, for plaintiff in error;
B. B. McC’owen and T. 8. Lyons, con
tra.
841. Wnrllck et si. vs. Neal Loan srd
Bunking Cornpnny. Motion to set nsdto
Judgment. Before Juogo Held. City
to prove his case as laid, tho trial court
properly git rated tho defendant's motion
to nonsuit.
Judgment affirmed.
John T. Mayers und 8. W. A J, W.
llltoh, for plutnttff; J. I*. 8weat, for do-
fendiuit.
Cook vg. Georgia Land Company.
Lamar, J.—l. After a cause at Ihsuo,
the defendant may, by answer In tho nn-
ture ,of a pea pula darrein ooMtnuOASSb
set up mutter of defense which has arisen
slnco the beginning of the action, or since
the filing of the luht plea.
2. In urtlon» Involving title or right
of possession of land tm» defendant may
show thnt since the Institution of the suit
has unqulred title or right of posses
sion.
'■ ■».:!!,• I ' •nil MI-41
. T. C. But.Io and \V. I. Heyward, for
plnlntlff; John I. Ilopklns A Rons, for de
fendant.
863. Walker A Walker vs. Hughes. Cer
tiorari. before Judge Evans. Jefferson
superior court.
Blmmons. C. J.—This court win not dlS'
r.vnnn, jiiugmmi egaiani a
gamlHhce, duly entered. Is conduslvo us
to him that every Jurlsdlctlonnl allegation
In tho affidavit to obtain garnishment Is
true.
t. The filing by the defer
bond to dissolve the garnish tm
ent In Its terms from tne star
for the dissolution of
Judgment reversed.
John L. Hopkins A Rons, ror plaintiff
In error; Westmoreland Brothers and K.
V. Carter, contra.
W. Denton Brothers et si. vs. Rhfelds.
Certiorari. Before Judge Evans. Jef
ferson superior court.
Lamar, I.—An absolute bill of sale In
tended to secure s debt not exc*r Jlng $100
may bo foreclosed as provided In th<*
of December 10. 1*99 (Van Epps 1 < _
Hupp Hec. 4431b whether the fact that U
la intended as security la ahowti by a bond
reconvey or by other appropriate evl-
a *Judirment affirmed. Evans, J., dlsqual-
,n itogers A Htephens. for plaintiffs; Ire
K. Fanner, for defendant.
851. Box vs. Atlantic and Birmingham
Railroad Company. Damages. I Wore
Judge Reynolds. C|ty court of Way-
Evane, J.— 1 The f plaintiff,having failed
new trial upon
B court, whftrn
nnded by th
the verdict was
Idenco. I^ivvorn vs. Jon
Hell vs. Fejt. H* Oa. 418
Judgment a
fried.
Rogera A Stephens, for plaintiff In
ror.
834.
119 Oa. 229;
Judgment affirmed. Evana, J.. dlsqual-
vs. County ot
to such '
trial th
In
of th
« reimrt of the
?rs a Judgment sett
ty ax a year's supp
e superior court,
editor, suspends the
the widow hag no
Georgians!
satisfaction,
“President”*
Suspenders
Comfort. St vie asd
ra.t >.r leather toaoil tlsi shirt,
spernte audft at ssy Stow.
Made sod 4Wan.I,y
TbeC. A. EDO ART UN Mi k . Co.
SHIKLBY,
Walton «t nl. Equitable pell .
fore Judge Russell. Walton
court.
Lamar, J.—1. Under ths decision in
Penlek vs. High Hhoola Mfg. Co., 110 Ga.
819. when th** company mado Its return
and pnld lts taxes for 1W2 in Wnlton
county, that county was lawfully entitled
to th«* money; nor was there anything In
the receipt and payment to show thnt
the fund was had nnd received for ths
use of Morgan county.
2. The petition set out no cause of ac
tion ngslnrt the county of Wnlton for tho
tax for 1902, lawfully paid to It tinder the
eighth section of the tax net of 1900.
3. ‘ There waa no arror In sustaining
the demurrer.
Judgment affirmed.
George A Anderson, and Ramurl If. 81b-
ley, for plnlntlff; Henry D. McDaniel and
John W. Arnold, for defendant.
Babcock Lumber Company vs. John-
Ghanfil
quires a master to furnlrh npplinn''*
snn.’ihiy suited to the usea Inf ended.
2. But the law does not exact that
extraordinary diligence which would be
demAndsolQ requiring thnt Instrumentali
ties Intended for one use shall be safe
nnd suitable for every intended use to
which they might be casually or nnex-
peetetlly applh d.
* t. If one Is not charjreable with negll-
igence because an appliance fnlls to serve
h purpoH 0 n, > 1 Intended, neither Is ho
chargeable with negligence l<* ause he has
omitted to Inspect so as to discover that
It was not suite*] for such unexpected
MM unintended^ ~
4 A matt''
to work ;• tli
(hoi*
- . -snnot send an employee
that which Is known to be a
y . w.iwwt* being responsible for the
resulting damage.
6. If the matter requires a servant to
use, or knows that ne will necessarily
use. an Appliance originally intended for
an another purpose Ire will thereby be
held responefbl* as If the Instrumentality
had originally been Intended for such new
construed sgulnst the pleader, an allegnA
tlon that the master knew, or ought to
havo known of the defects and dangsrs.r
Is equivalent to a change of Imnlled no
tice, rather than of actunl knowledge.
7. The plaintiff, a minor, was employed
to labor among rafters and open timber
work. To steady or sustain hlrnsslf, he
oooooooooooooooooooooooooooooooooooooooooooooooooooo
Bibb Manufacturing Co.,
Macon, Ga.
Manufacturers of
Cotton Yarns, Warps,
Twines, Hosiery, Etc;
18 and 20 Thomas St.
New York Office.
OOOOOOOCXJOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOCC
Will Save You
25c to 50c on the gallon, as I buy
direct from the distillery. . . .
Express Prepaid
4 full qta. Old Edgemont Rye
1 gob Jug Old Kdgtmont Rye
4 full qts. Horae Fho© Rye...
1 gab Jug Horae Hhoe Ilye...
4 full qts. Big Horne Ilye....
J gab Jug Big Horne Ryo....
4 full qts. Old Harvest Corn.
1 gal. Jug Old Harvest Corn.
,,,$4.00
... 3.40
... 3.00
... 2.7G
... 2.90
... 8.C0
and bottle trade
ny guaranteed
ey refunded.
J. T. STEWART,
Phone No. 306. 416 Poplar St. Macon, Ga.
uddenly grasped an Irrecurely fai
brace designed as a support for thi
— - | :Uy if
■ roof.
* the
no njiegauon mm hf **V\ *-«T 1 rr
sonxblv saf** for the purwjse for whim ;r j j »n
was Intended, or that the defendant br^w j ant
that It was Insecure, or mat It knew ,f •<«*.<
I any fact which would hava bean sug-
that It was Anunrous: nor w ; .i It
ellex-d that.!* knew that the plaintiff
1 would nareswtrtly or naturally rely upon
th** brace as a support. Held, y .» h
petition did not charge actionable negli
gence, or set out * csu»o of action sgalnat
the defendant.
Judgment reversed,
Kihmm II a Flemird and Bush A Staple-
ton. for plaintiff In error; Arthur Gray
Powell, contra.
The trial Judge did
rot ^'anythin's
^Nor did thji Judga.
Ur : -lr g* H'lifb 1 'l-v
♦ • it Inn.'
Atlantic Coast Line RaKrmd Co . v *.
Williams. Action for ciring. , H-f-.m
Judge H r,• 11 f jp* rior r-.-urt.
Evans J.--1 Failure to < bwjg*, as to -i
matter pertinent to a be t«ut«
• f 1. 'ant c<tm
iH
1 being far avuivn by <* cam*
iig wore denied In
Hallway 1
85c
For choico of Misses’
and Children’s Law
Cut Shoes,
Includes $1.75 qualities.
L. B. Harris & Co,
-rh-iiv*1 mi