Newspaper Page Text
t /
6
THE MACON' TELEGRAPH : WEDNESDAY MORNING, AUGUST 17, T904.
HOARD WILL DISCUSS
M.L\M LORD'S SUCCESSOR
THREE OF THE MEMBERS OF THE BOARD OF TRUSTEES VI8ITED
THE GEORGIA INDUSTRIAL HOME AND DI8CUSSED PLANS FOR
FUTURE MANAGEMENT—A MEETING WILL BE HELD TOMOR
ROW ANO THE SUCCESSOR TO OR. MUMFORD WILL BE DIS-
-OTHER IMPORTANT WORK TO BE DONE.
SUPREME COURT OF GEORGIA.
isions Rendered Friday, Aug
1904.
Georgia Hallway and KI#Ctrf<
12. W. P. \Vi
lr»M and W. A. Dodaoi
outhwestern Georgia
i<] J. H. Lumpkin, con
J.—This caac J controlled
quo. 103 O:
Railway Co.. 113 -
“ B > 1528;
6 Am.
CUSSED-
fllmmona,
by Cola va.
vannah Ry. Co. v*.
and Mabry va. Rail-
S m alao 4EII. R. R . section
ag. Enc. L. '2d ed.) 650.
Judgment nfrirm#«l.
Ronaer A Brandon W. T. Colquitt, and
J. Conyara. for plaintiff In error; Bur
ton Smith and J. A. Branch, contra.
*0.
Mr. n. J] Willingham, Col C M.
Wiley and Capt. W. A. Darla ware on
a visit to the Georgia Industrial Home
y^torday afternoon for the purpose of
looking over tbe farm* and learning
the r 4 ral condition of afpiira. On
their return last night Mr, Willingham
Mated that they found the children
comfortable and tbe forms In
wtll very Hkelydo this at the meeting
tomorrow.
Tbe board finds there Is need also of
some teachers at the home. Thin
work In at present not In a satisfactory
condition to them, und the plans for
6 lacing Instructors In the home will
s put forward when the members of
the board get together. This will be a
very Important meeting for the board
and many things for the future wel-
vory good condition. The members of fare of the home will have to be done.
the board announce that there la attll
n need for funds at the home and
wished to call tbe attention of the
public to this which Is not so bad,but
still demands attentfcm, and especially
while there Is no organised support
for the children.
The board wilt meet at the office of
Mr. E. J. Wlirtnghara on tomorrow
afternoon at 4 o’clock for the purpose
of discussing the Immedata needs of
the home. There are some of the
members away, but the meeting wlU
be held. It it expected that the board
will discuss a probable successor to
Dr. Mumford. There are four or five
names under consideration already,
and these will be discussed at the
meeting. * This Is the most Important
duty which devolves upon the boanj
of trustees at present.
There ore other mutters to be dis
poned of. It Is thought wise by menu-
l*efs of the board to appoint a Indies*
auxiliary for the assistance of the
board In the management of the homo.
This has already been under consider
ation, but the names of the ladles who
will be asked to ©orvp In this capncltv
have not yet been selected. The board
Mtys May Mumford has been busily
engaged In getting the acoounte of the
Home In proper form so that the con
dition of finances cun be ascertained.
Her accounts have been made so that
she can report the full amounts of
money which have come In recently
and also show what the expenses have
been nnd what remains for use In the
expenditures for the present susten-
nnro ef the children.
The bill which was passed In the
last legislature providing for the chil
dren coming to the home will be laid
before the trustees at tho meeting and
the members will proceed at ortce to
avail themselves of Its full advantages
In providing the expenses which must
be met. Much concern Is at present
manifested In the Home by the trus
tees and agents and the public. The
action of the board In choosing a suc-
r«Meor to Dr. Mumford will be watched
with much Interest throughout the
state. It Is stated that they have In
mind one or two rnen who will be
fully equipped for all the work that
must l>e entrusted to the head of the
home. If the board succeeds In get
ting anyone of the three or four men
thoy have In mind to serve the Home,
they feel assured that the cause which
was left to a successor by the founder
will not suffer In any respect
1 City court of Atlanta.
Lamor. J.—The estimates of the wit
nesses ns to the rate of speed carled.
gome placed it at six miles an hour,
which was lawful; other, as more than
*fte«n mile* an hour, which won In excess
' that allowed by ordinance. There w;i*
i contradiction of the testimony that the
atntlff and two other pan wingers were
•rked and hurled from tnclr seats while
he car was rounding a sn.-irp curve. Tho
phvoipal facts were jjf more evidentiary
value than the opinions of non-experts,
under the circumstances, such estimates
were Insufficient to overcome the pre
sumption arising from the fact of the In
jury. and tho verdict ror the defendant
was contrary to law.
Judgment reversed.
Fish. P. J.. dissenting.—In my opinion
there was evidence to authorise the ver
dict. und the discretion of the trial Judge
riot r be > dlsfurbsff ** *** a new ,r,al
Candler, J.. disrentlng.—If It be con
ceded that the falling of tbs passengers
Into tho aisle of the csr was caused by
ths speed of the car. and that only an
and negligent rate or speed
ild have had that effect, tho decision
of the mnlorltv In this case Is undenia
bly correct This, however, was for the
determination of tho jury. Tho only
phyhlca! fact*' apparent was that the
passengers fell; the cause of that fact
was the real point In Isaue. Puesengcrs
on a street car rounding a curve arc fre-
quontly thrown off their balance through
fault of the employee* In charge of the
. - and while the car Is running at a
lawful rate of speed. I agree with the
trinl Judge thftt “the question Involved
was one of pure fact.” and my views In
H are based upon those expressed
„ wonting opfnloi '
Btate, 117 Oa. 210.
Westmoreland Brothers, for pallntlff;
Rosser A Brandon. W. T. Colquitt, und H.
Y. Conyers, for defendant.
COUNCIL YOTES S500
FOE MACON AT ST. LOUIS
there was opposition but the action was taken on mo
tion OF ALDERMAN M'KENNA ANO a special committee
WILL WORK IN CONJUNCTION WITH A LIKE COMMITTEE FROM
THE CHAMBER OF COMMERCE IN QETTINO UP MATTER TO BE
FORWARDED—PETITIONS AND REPORTS AND THEIR DISPOSI-
TION.
M5. V»n Dyke v». Van Oyke e, M. Mo-
tlnn to rein,late. Before Judge I.mnp
Kin. Fulton county superior court.
. Fish. P J-L When a petition has
been dismissed on demurrer, the plaintiff
may, during tho same term,
I ns into ths case; and when
otlon Is orderod und tha motion
Th
city council was In tbe regular
>kly session last night with the
ror In tbe chair and the following
nbers of ooufipll present: Messrs.
\n. Maesenberg, McKenna, Dptmoor,
dick. Williams Redmond und WUd-
ic first buslnt
tho hearing
befo
tho body
eport fro
unlit* •• from the chamber of cotn-
ree coming for tho purpose of con-
rlng with council In regard to ud-
tlslog Moron at the World s Fair in
l.fnil". Mr. Arthur Darin r roso and
•k** for tho vlilting committee upon
lilting the privilege of u hearing to
• committee. Mr. Dasher Mr. Ru
le Anderson, Mr. Leon Dure and
•Si dent Cuba III Si. of the Chamber of
mmcrce were the other members
«ent to bear the communication to
members of council,
fr. Dasher said he had seen Macon’s
w ut Ht. 1 xmle and many of the oth-
golng from this city and declaring
t now la the most Important time
.r«U d the cltf to be well udvertlaed,
muits u strong awiojtl for un up
on to
id tin
Ishlng the
nt thousands of
iM*klng southward us nev
er befor* and said that Macon's oppor
tunity had never been so great In the
matter of Interesting people In coming
this way. He urfwl that the members
of council labs 11 upon themselves at
,, nr «s to furnish the pictures and the
different kinds of printed matter need-
. i that th* city would get the fullest
advantages the advertising at the
Wufld'a Fair.
Upon hearing this plea Aldem
M< K* nna moved thut a special ct
mitt',* b«* appointed to take cnargt
tiii> v .ii ■ . i| that .in approprlsilui
j * i.. I*, i le and that the special
bo given the power to set
with the advice of the finance commit-
t. . in regard tooths apj ■••prlgtlon of
the tu i Ills motion found a second.
\>ut vs u i the dl»* u Ion untt tip it war
fditi i that ther»* wua strong opposl
tlou Alderman Redmond was In favor
A petition •vss also presented to have
nlleged objectionable parties removed
from lit Walnut street. This want to
the proper committee with th© powoi
to act Immediately.
A petition from WlQIt Sersey for tin
remission of fins tmponed by the re
cordsr und *i I ho one from Mary O'Con
nell for nn encroachment went to thi
proper committees for further consid
erations.
Report i
The clerk of th© market reported re
ceipts for the week from tho market
amounting to $57.15. Those for the
week ending from the sexton amount
to 1175.85.
A long report from President Ouerry
of Wesleyan on the condition of the
work done by the city at the college
was read. This revlewsd the work nml
referred to the satisfaction It had given
the trustees of the college* He stated
that the differences which hud been
raised name principally from ths dif
ferent tastes of people concer
was stated that the grass which had
been washed from the embankment*
by the recent heavy rains had not had
tune to hecome firmly rooted and he
communicated to council the college
purpose to assume (he responsibility
for the repairs. A yum had be
to the college grounds during the w.n-i
by several members of council am
there was little expression of a dr
to take further union In regard to th
work. Mayor Htnilh stated that the
communication from President a
was merely for Information.
The finance commfttoe reported
eral bills read and approved und then*
were ordered paid. Tim second esti
mate on tho new fair buildings ut Cen
trel City park was submitted by the
architects and the sum of $1,500 wi
ordered paid to Contractor H. ]
ftmalllng on the work.
Tbs committee on fire reported fa
vorably on the petition of It J. Rich-
ter asking that he be given perml
to construct a framed kitchen In the
real of hta restaurant on Third street
Tho report wo* accepted by council
The fir* committee's report reserve’
the right to have the annex r«mdw<_
•t their Instructions. This committee
also reported favorably on the petition
of Mr Henry Horne for the privilege
to erect a corrugated Iron building
m .ui • Al.b rman Williams made an ef- on Poplar street for D. M. Gunn. They
iort t*» tabb- the n tlon but fatted. J alto reserved the tight to have this
Alderman McKrimu's motion was to [ structure removed at their orders.
of a a pedal com- I Alderman Damour asked permission
tnUtee appointed
tliorlty to draw on the tl
tee, but a fourth aide
that the mailer be «i
finance committee for t
tlon. A vote was taken
mode for tbe yeas and
suited In six against |i
Alderman Mi Krjiim"* n
appropriation^ «f IT*00 ^
be sent forward at once
At the Close of the
Smith appointed Alder
Itemour and “Redmond
committee and asked t
print ton be scaled n« m
Alderman McKenna tlr
for
be returned frpin ht;
a few weeks ago. It in understood
that the present committee will get
MU ths necessary material for adver
tise the city nt th** World*# Fair with
as email on amount as possible. They
ora to gtt tar some photographs % mqi
more of the tanpblets which wese
etyb-d and printed by th# Chamber of
Conmi.Mvo The i lun-s wtll repre-
' * *»est portion* of th# etty and
will be framed for. a place on the wall
* t • room tn the Ueotgta
building at the World’s Fair. The ad-
ertiring n$atter wtll also Irulude some
i to allow the public property committee
ten commit- j to sell the city's old boiler at eCntral
n proposed City park trad lw*o iron safes at the city
rod to ty* | h?;ll. It was found that ths fair naso s
elation would need the boiler in the
coming fair trad the aldermen
drew hla request for this, but was
t In favor of I granted the power to sell th* safes,
iton and th* They are the property of the city
as mad* by | service* rendered long ago. One
il matter to j them was purchased In 1512 and Is
I oddity. It baa padtorka. The othgr
-salon Mayor *ms In use by the chief of i*ollce
nn McKenna, I bad • to !-• broken open bscause th<
a the ffrhl I MKw had forgotten the combination.
A the appro- I A suit ngslnat the city was ordered
h ss rosslblr 1 avtlled. This had been brought by
asked coun- l W. F. Anderson on settlement
license for running a brick yard. ___
had an account of 519 against the city
and wna suing In the Justice court.
This wn* ordered paid and the ilcem
ordered collected.
$50
Company.
Damages. Before
iuch
hearing of
MW.—, ths rnotlor
overruled, a writ of error will lie to re
view auoh ruling.
2. A petition wherein aeparate nnd dis
tinct causes of action against different
VETERANS PLANNING
GREAT OCCASION
misjoinder of parties. Where a petition is
«llemlHHod on such grounds, a refusal to
reinstate the same on a motion alleging
that It was not subject to the dcinurr—
obviously not erronemrs.
Judgrnen affirm' d.
R O. Lovett and W. W. ftOdsn. for
pallntlff; Culbrreon. Willingham A John,
non nnd L. Anderson for defendant.
W«. P«-teraon va. Atlantic and Birming
ham Railroad Company. Damages. Ib-
for»» Judga Henderson. City court of
Dougina.
Cobb, J.—A right of way deed, executed
by l\ to a railroad company, recited that
In conaldrmtlon of one dollar the grantor
convoyed to the grantee, its successor and
"a right of wny rarough any and
-•vned by mo In Coffee county.
-. -•• hundred feet from the center
of track on each side, making two hun
dred feet, which Is to he ths property of
the said” railroad rompany. 'its succes-
■on* and assigns forever The l»nds r
which said right of wny nips being
scribed as follows: Lot of land I7« In
Ith district of originally Appling, i
Immediately folowlng the ahovs
recital that, "In consideration of
the above sum paid. I agree to allow said”
rmUtHmd, company “the exclusive prtvtlsg*
and nil landa owned by mo in »e»ld county
to .>ulld and operate a railroad over any
provided said railroad Is built to said land
by tho 16th of April. A. D. 1893." Held,
that the light "f the railroad company
to locate and construct Its road upon tho
property described In the deed whs de
tent upon Its having built a railroad
•be land hy the time named In the
d. and upon Ita failure to do sq Its
right to locate a right or way ovsr the
•“Pd was lost.
Judgment reversed.
Dali A Hood. Tor plaintiff; J. L. Sweat
and Qulncey it McD*inald. for defendant.
80J. Robertson et al. v. Downing Com
pany. and vtca versa. BgultstW© pe
tition. llefore Judge Parker. Wayns
superior court.
Lamar, J.l. Where a deed wasprop-
ly nt tested by A. It. and by F. H. H..
notary public, but reglsterad as huvlnj;
' uted In the presence of A.
f T. H. H.. notary public,
such clerical orror did not destroy
Lb * character of the d(*ed as cotiatruo-
the notice.
2. Whers one enters Into possesslqji
f a part of s tract of land un«I#*r color
hlch la duly recorded, nnd therenfler
conveys the same to subsequent
ntees, who thereupon enter but
to record their color, such subse
quent grantees may tack their posse*.
n to that under the duly recorded
d. and acquire a good prescriptive
title at tho expiration of the seven
from the entry under th© regis
tered Instrument.
$. Tho dsclitona are conflicting as
» whether record wai necessary In
order to make possession of a part ex
tend to the limits of a lot or known
tract described In the color.
4. The older and controlling cases
of Wiley v. Wartnack. 80 Os. 701; Mor-
rtr.m v. Hava. 19 Go. 29$. nnd Griffin
v. 8k©toe. 39 Oa. 360. are to tbe effect
that record was not necessary.
6. Whether the Civil Cods, section
8887, adopted one of the conflicting
lines of authority and made the same
statute law la not Involved In the
prooent cose. Inasmuch as the deeds
relied on were not mad* sine© th©
adoption of the Cade of 1895.
Judgment affirmed on both bills of
exceptions.
John W. Bennett. Leon A. Wilson
and W. M. Tomer, for plaintiffs: c. P.
Goodyear and W. E. Kay, for defend
ant.
tarda upon which will U .. .Wk.
i ral j.' hits In favor of ths special «d-
\ fit. . - to be had In Macon. The *d-
vertlatng matter la now itssurad and
cncugh «tf the appropriation will be
- i ? • fully the j.v. dn which
• *'••4.
Petitions.
- M. T. Harrwll proa anted a nett-
tlon through her Attorneys M. H Free-
non and Dsvta and Turner for th© sum |
,.r j . -■> as damages fn»in lleged In- J
fortes said to hav* tic*n sustalm^l fram l
laJMr g . to :i gulley o>; m uukrpt aid*- I
walk. Hbe claimed tb.V ** 1
Putt an End to It Al^.
A grievous wall ofitlmj** comes as
result of unbearable pain. from ovei
taxed organa Dizziness. Backache. Ltv
er complaint and Constipation. Rut
thanks to Dr. King's New Life Ptlli
they put an end to It all. They are
gentle, but thorough. Try them. Only
25U\ Guaranteed by nil drug store*,
aid# the lamented mother.
| DEATH OF MR8. PLUNKETT.
I Widow of the Late Charte* Raiford
Plunkett, Pasted Away, Afttr a
Brief Illness.
Mrs. Lula Tharp# Plunkett died
Monday night at 19:80 o'clock, at her
■ 1st© residence. No. 859 Kim street. H
I wtl be remembered that the late C. R.
I Ptankett died three weeks ago from
I the effects «»f an accidental pistol
| wound. About that time Mr.# Ptun-
Infut
frot
shlch to
rede.
this did
■■■tw
M« ' ' J t?
- • • • • •
e t harg. t tha
rtth c#|
rmsn.mt i b r t n g r9U#f. Typh.U.1 few
genre .n | velnprd whtch resulted In Her death.
! Mrs. Plunkett was M years of age
I and Is survived by her Itttto daughter,
ocj'urroa I Mildred. 5 years old. and s hither and
re-1 mother. Mr. and Mrs. 5Y*d Tharp*
and the I three sister* and two brothvrr.
»n. ] They are Mia Addle Pickett. Mr*.
P** I Fmrna Calhoun and Mtos Nettle
i certain I Tharp*. Misora. Lew and Felix Tharp©,
wo* rw- I all d Macon.
rhe fu
site
808. Rank of ftouthwtstero Georgia
et aL v. MrOurrah et at. executora,
and vice versa. Before Judge Little
john. Sumter superior court.
Candler. J.—Where real estate Is
purchased by a partnership with part
nership funds or is acquired ns a re
sult of a partnership trunsaettou. and
la used by the firm solely for the pur
pose of partnership profit It is In a
legal sense partnership properly.
t. Under such circumstances, the
fact that th# partnership was origi
nally formed for the purpose of carry
ing on a warehouse or commission
business without any limitation, how
ever. upon Its power to extend its op
erations to other lines of business, and
that the real estate was devoted to a
farming venture, does not deprive the
land of Its character as purtnershtt
property.
S. The legal title to real estate can
Haver vest in a partnership aa such,
but la In the partners as tenants in
common. Upon the dissolution of an
Insolvent partnership, however, by the
death of one of the partner*, the sur
vivor may convey such an equitable
Interest In the entire property ns will
enable his vendee to compel a convey
ance. by th# heirs of th© deceased
partner, of th© legal title to the Inter*
e*l of their decedent.
4. An assignment of error In a bill
of exception*, complaining that the de
cree of the court did not follow the
ve*dlct of the Jury, la without n __
when It appears that had the decree
hvfU rendered as urged *t would have
been contrary to law.
A One who#© only Interest In th# lit
igation Is as stockholder of a corpora
tion which Is a party thereto Is not
thereby Incompetent to testify as to
tranaacttoni and communications wt*h
w d*c©op©4 opposite party at Interest.
1 A wttnvrs Is not Incompetent to
testify by reason of th# provisions of
th# Ctvtl Coda. Sec. 6*1*. when his
evtdenc# do*# not relate to transac-
ttonsor communications with the de-
cooned opposite party at Intorsat.
Judgment reversed an main Mil of
Job nr. ton et aL vs. White. Com-
nt on noie- Before Judge Roan,
yton superior court
if'", J —1. Where an appHcant
llfe-lnHuranr* policy, though able
•d nnd though having full oppor-
uolty to examine th# written sppltca-
by the soliciting agent
igii-iture. signed the same
without r*•»•<!lug it relying on false
ltsttons made by «uch agent as
iIn privileges which the lnaur-
mpany would accord him If he
d the i>oIlcy, and the policy
ently corresponding with the
kind for which th# written applica
tion called, the applicant can not. as
against a general agent of tbe company
who stonds In the position of a bona
fide holder of a promissory note given
In payment of the first premium on the
policy, not up the defense that by rea
son of the fraudulent misrepresenta
tions above referred to made to him
by the soliciting agent, he was Induced
to sign an application which he did
not really intend to make. Rhelden
vs. Heard, 110 Ga. 461; Heard va.
Bhedden. 118 Ga. 162.
2. When a policy of insurances duly
delivered to the applicant differs ma
terially from the kind of policy for
which he applied or Intended to apply,
It is hlu duty, if he does not desire to
accept the policy Issued to him, to re
turn or offer to return the same, wlth-
_ resonable time, to th© company
or an ugent thereof authorised to re
ceive It; and If the applicant neglects
to examine the policy delivered him,
or for any other Inexcusable cause falls
to comply with the legal obligation
resting upon him with respect to aur
rendering the policy with due prompt
Itude, he cannot avoid payment of a
promissory note given by him for the
first premium on the policy. Leigh vs.
Brown. 9ft Oa. 255.
Judgment affirmed.
Joseph W. & John D. Humphries,
for plaintiffs in error; Walter T. Col
quitt, contra.
810. Lindsey vs. McCranle et al. Peti
tion for Injunction. Before Judge
Parker. Coffee superior court.
■ HI turnons, C. J.—Under the facts dis
closed by the record, the trial Judge
did not abuse his discretion In refus
ing an Injunction.
Judgment affirmed.
Watts Powell and J. W. Powell, by
Z. D. Harrison, for plaintiff; Qulncey
ic McDonald, for defendants.
814. Glover v*. Glldden Varnish Com
pany. Attachment. Before Judge
Reid. City court of Atlanta.
Candler, J.—This case Is Identical In
principle with those of Henry vs. Len
non-Hnldemnn Co., 116 Ga. 13. Beasley
vs. Lcnnox-Haldenum Co., 13. and High
vs. Pudrosn, 119 On. 648. None of tho
cases clteff was decided by a full bench,
hut each of them Is approved as an
nouncing correct principles of law.
Judgments affirmed.
Napier & Cox nnd J. T. Wright, for
plaintiff; Slaton A Phillips, for de
fendant.
815. BMtle vs. Georgia Railway and
Electric Company (two cases). Dam
ages. Before Judge Reid. City court
of Atlanta.
Fish. P. J.—In an action against a
street railway company for dnmages
nlleged to have been sustained In con
sequence of the fajjur© of one of Its
cars to stop at n give station on Its
line. In response to a signal to do so by
a person there Intedlng to hoard the
car as a passenger. It should appear
from the petition that It was the duty
of the company |o stop the pnrtlculnr
car for th# purpose of taking on such
person as a passenger. The petitions
in the present cases failed to comply
with this rule, and were therfore dis
missed on demurrer.
Judgments affirmed.
Burton flmlth, George Gordon, nnd J.
A. Branch, for plaintiffs; Rosser *
Brandon. W. T. Colquitt, nnd II. J.
Conyers, fpr defendant.
818. Johnson vs. Hicks. Before Judge
Lumpkin. Fulton superior court.
8ltnmons, C. J.—L Under the de
clslon th Ranner v. Shivers, 76 Oa. 835.
the monthly wages of a locomotive
engineer are exempt from process of
garnishment. Under Swift Manufac
turing Co. v. Henderson. 99 On. 136. It
Is not necessary that the laborer
should be paid according to the time
h# works. In order tb claim an exemp
tion. but he ipay be {(aid upon the basis
of the amount of work done.
2. When, therefore, a locomotive en
glnocr Is employed by a railroad com
P*ny and Is paid by It monthly no-
cording to the number of mlUs he ban
run hi* locomotive during the month:
ages thus earned nr© exempt
from process of garnishment. Smith
v. Walker. 119 On. 615.
This decision does not conflict
with that In Moore v. Hendry, ill Ga.
568. In that cas© there was a contrn/t
between the garnishee Mid the defend
ant that the latter should do a certnln
definite amount of work and should
he paid at stntod Intervals for such
c f tbe work as he hnd completed, an.l
there was no obligation on the part of
th© defendant to do the work hlm*rif,
but he might hnve don© It by nnothor.
He was nn Independent contractor,
and not an employ© or day laborer.
Judgment affirmed.
J. F. Gollghtty. for ‘plaintiff; Felder
A Rountree and R. D. Thomas, for
fendant.
81?. Wright v. Jett Before Jud*;e
Lumpkin. Fulton superior court.
Evans. J—1. After a plea In abate
ment has been heard on Its merits nnd
the plaintiff's action dismissed. It
too bite for him. bv motion, to vac
the Judgment of dismissal and rein
state the case, for the first time to
raise objection* to the plea, which he
had full opportunity to urge against
It when the hearing thereon was had.
2. That s plaintiff who voluntarily
dismissed his suit did not. before un
dertaking to renew the same, pay th©
accrued costs or file nn affidavit
ting forth his Inability from poverty
so to do. affords good cause for abat
ing the second suit brought by him:
and after a plea In abatement based
on this ground has been duly tiled, th#
plaintiff cannot, by offering to pay the
costs or actually paying the same to
the officers of court. *d#feat th© right
of the defendant to Insist on ht* idea
and thus bring about a dismissal of
the pending suit.
Judgment affirmed.
Lavender R. Ray, for plaintiff; John
L> Hopkins A Sons, for defendant
Bests for Big Bsrbeeoe Are Remg
Pledge# on Bvsry Hand, and They
Promise to Entertain 10,000 People on
August 25.
Comn
The comndtt** from Chamber of
and the Veterans* committee
n-r •* f'.r ,v . L!y ► rf :
?union for August. 25 have been
some good work for the past
tate that the veterans will be
oie to f#»*d ten thou? and people at the
ark on that occasion. That they will
n#» t with much success cannot be aoubt-
©d longer, for the results of last week'
that all the meats needed for the
‘on would be forthcormmr
The members of these committees have
:en out In several counties adjoining
Bibb and came back with mast fluttering
reports of KUtoortbcd meats and provts-
. iw Di
ons for the barbecue. One small town
n Houston is said to have pledged ten
the committee have met with equal sue-
:ept In cold storag
d. The veterans w — - . —
of the cold storage rooms of some of the
king houses In Macon, and will have
trouble in taking care of all that Is
shlppec.
All Indications point to one of the great
est occasions the veterans have had In
several years, when they gather In Cen
tral City Park for the big barbecue nnd
camp fire reunion now Just two. weeks
off. They are losing no time In making
great preparations, and although they re
alise that thousands of people will be In
Macon for this occasion, thoy are work
ing all the harder to b© able to meet the
needs of every one free or charge. That
the occasion will be a complete success
In every respect, there can be little doubt.
The veterans have the assistance of those
who never allow an enterprise of this
kind to fall and It Is being predicted that
the veterans will have r mo*t pleasant
surprise for the many people who will
come to Macon to spend the day as their
guests.
or to babii
Warm weather bringa ‘
Keep a''bottle <f Baby I
best baby medicine — on hand,
thei&fe, Fure, harmless remedy f<
summer bowel and stomach trouble!
At all (food drud stores, 25 centf.
Manufactured by BABY EASE CO., Macon*, Ga.
What to
Drink
At any time is a matter of circum
stance and choice.. When you havo
your choice you should always chocso
good liquors., if you drink Altmayer
& Flatau’s liquors you can know they,
are the purest and best.. In the change
cf weather that is now coming you'll
appreciate our OLD PRIVATE STOCK
$1.00 a bottle.
The Altmayer & Flatau Liquor Company,
506, 50S. 5I0 and 5I2 Fourth St., Macon, Ga.
and this is true even though a de
cision of the court of last resort In
that state may have considered a
similar contract differently under the
rules of the common law. PatUlo vs.
Alexander* 105 Ga. 482.
There wai no error In disallow
ing the amendment to the petition.
Dealing with the case either In the
light of the original petition or in the
light of the petition n connection with
the amendment, no cause of action was
set forth.
Judgment affirmed. *
O. E. & M. C. Horton, for plaintiff;
Rosser A Brandon and W. T. Colquitt,
for defendant.
844. Johnson vs. Cravey. Before
Judge Spence. Worth superior court.
Simmons. C. J.—1. While on the in
terlocutory hearing of an applica
tion for receivership the Judge
may consider a demurrer to the
petition as cause for refusing Inter
locutory relief, he has no jurisdiction
in vacation, before the appearance
term, to pass upon the demurrer as
such; nnd a Judgment rendered at
such time, sustaining the demurrer and
dismissing the )>etitlon. Is void. Stew
art v. Stewart. 89 On. 138.
2. There Is nothing In tho civil code,
section 5540. or the acts amendatory
thereof, to authorise a Judgment sus
taining a demurrer to a petition to be
brought to this court by a “fast" writ
of error; nnd exceptions so made can
not be considered. Ibid.
3 If the matter intended to be ex
cepted to was th© refusal to appoint a
receiver, there was as to this no abuse
of discretion.
Judgment affirmed without preju-
B. B. White, Dnvls A Turner. W. R*
pnlev, Aldlne Chambers and W. M.
Pmlth. for ritflntlff; Park nnd Payton,
for defender;
545. Eubank v. Mayor and Council of
Eastman. Practice In supreme
court. , _
Fish. P. J.—-Affidavit* submitted on
the hearing should be Incorporated In
the bill of exceptions to review a re
fusal of an Interlocutory Injunction,
or be attached ns exhibits thereto
thereto, duly nnd properly Idtmtlfled. or
be embodied In nn approved brief of
evidence nnd brought up as a part of
the record. Where neither of these
methods Is adopted, but copies of the
affidavits are sent up ns part of the
record, for the reason that the trinl
judge. »uubsequently to tho certification
and filing of the bill of exceptions.
Identified the originals as having been
submitted on the hearing, such affi
davits have not been brought to this
court .In the nfhnner prescribed by
law; nnd therefore they cannot be cosir
sldered. , ^
As the question mnde by the assign
ment of error necessarily involves a
consideration of the evidence, no ad
judication thereon can be had.
Writ of error dismissed.
W. M. Clements, for plaintiff In er
ror; James Bishop. Jr., contra.
546. Harrison v. . Southern Railway
Company. Dnmages. Before Judge
Parker. Wnyne superior court.
Simmons, O. J.—The verdict for the
defendant was demanded by the evi
dence ns to the acts of negligence In
the declaration.
Judgment affirmed.
Tindall nnd Wallace, for plaintiff:
Kay, Bennett nnd Conyers nnd Little
field and Poppell. for defendant.
547. Gaskin vs. Courson et al. Com-
plnlnt. Before Judge Henderson.
City court of Dougins.
Candler. J.—1. The demurrer to ths
plea of the defendant was properly
Food For Reflection.
May be forced upon your attentloa
when, alas, It’s all too late. Financial
ly ruined, houses, lands—all for sale
with no anchor in the storm. Why not
save your dollars now, let us care for
them, add to them 6 per cent. Interest,
compounded semi-annually, and havo
this great help when troublous times
assail you. ’Twill cost you nothing to
talk it over with us. Drop in.
EQUITABLE BANKING AND LOAN-
COMPANY.
(Chartersd May 23, 1893.)
370 Second Street, Macon, Ga,
LOW RATES TO
HOT SPRINGS, ARK.
'T'ICKETS will be sold every Wednesday
1 and Saturday during months of June,
July, August and September from points in
tiie Southeast, at one fare, plus $2.00, for
the round trip, limit 60 days.
For books and pamphlets descriptive of
the Hotels, Bath Houses, etc., apply to
I. E. REHLANDER,
Iron ' Trav. Pass. Agent.
Mountain 1 No. 18 W. 9tli St.
Houle. Chattanooga, Tenn.
overrulled. It was general In Its na
ture, and as against such a demurrer
the plea was good. Whatever defects
there were In the plea could be reuched
only by spclnl demurrer, and could
readily havo been cured by amendment.
2. Some of the evidence objected to
watt Illegal and should not have been
admitted; but upon consideration of
the uncontradicted evidence which was
properly admitted, it appears that the
verdict for the defendants wns de
manded, and consequently the errors
committed In the admission of Irrele
vant and Immaterial evidence will not
work a reversal of the judgment deny
ing a new trial.
Judgment ufflrmed.
Dart and Roan and Lankford und
Dickerson, for plaintiff; Qulncey und
McDonald, for defendants.
548. Skeen, receiver, vs. Moors, ad
ministrator. Complaint on account.
Before Judge Reid. City court of
Atlanta.
Evans. J.—1. Where work Is done
at the Instnnce of one claiming to rep
resent another since deceased. In a suit
against the administrator of the de
ceased person to recover the value <»f
such work th© party procuring the
work to be done Is nn Incompetent
witness under the Civil Code Section
5269, par. I, 4. to prove the liability of
the defendant's Intestate to the plain
tiff.
2. The evidence failed to establish
the plaintiff’s case, and it was not er
ror to grant a nonsuit.
Judgment affirmed. Cobb. J., dis
qualified.
W. R. Hammond, for plaintiff; An
derson. Andeson and Thomas, for de
fendant.
For choice of Gent’s
Low Cut Shoes,
Includes $5.00 qualities.
E. B. Harris & Co.
To Conveno Thursday.
The twenty-third session of the For*,
syth district Sunday school convene
tlon will convene at Crump's A. M. II.
church at Stlnxonvllle Thursday. Aug.
18. ut 9 o'clock. Rev. S. H. Smith will
preside. Bishop H. M. Turner Is cx*»
pected to be present Friday.
Pfof. Pound Declined.
WAYCROS8. Oa., Aug. 15.—Prof. A.
E. Pound, superintendent of the Way-
cross Public Schools, has been tender
ed the presidency of the Gordon Insti
tute at Rarncsvllle, Ga. Prof. Pound
promptly declined the office, and will
remain In Wuycroas.
„ Appointed Receiver.
DALLAS. Tex.. Aug. 16.—On the pe
tition of D. Snodgrass, of Denver,
Judge Richard Morgan today appolnt-
J * J- Reckford receiver of the Fidel
ity Savings Association of Dallas. Mr.
Snodgrass held claims of stock to tha
amount of $5,000 and claims that inter-
est has not been palu and he sues for
It. II© states that the securities of
the association aggregates $179,000 and
Investment claims amount
to $176,630. D. H. Morrow, of Dallas. .
was appointed master cf chancer)*.
842. Stephens et iL executors, vs.
Augusta Telephone and Electric
Company et at Before Judge Gary.
Richmond superior court.
Fish. P J.—ft re«t* In the discre
tion of the court whether it will grant
an application to bring an Independ
ent action against Its receiver*, or
compel the applicant to Intervene In
th# original esuse. Such discretion
will not be Interferred with unless
manifestly abused. In this co»© (her©
was no abuse of discretion In refusing
to grant leave to bring an Independent
action.
Judgment affirmed. Lamar. J„ dis
qualified.
A. W. Stephens, for plaintiffs; C. H.
Cohen. for defendant*.
Jefferaon County 8av-
Attachment Before
City court of Atlanta.
This case Is controlled
n Forth National Bank
la. IhM, note 2.
he contract In question
an Alabama contract,
dhere to Ita own de-
Gth such a contract
da to be th© common-
be treated us
this count will
c is ton* dealtug
tinder what It he
law rule coven
appearing that i
I Alabama in ref
For Baby's Ills.
PITTS 1 CAR\nNATTVE has been the
comfort and reliance of mothers for more than
fifty years. Babies are fretful aDd irritable
because they are sick, and nine times out of ten
the trouble comes from a disordered and
upset stomach. Here is a remedy that has
been time-tested and has met with the enthusi
astic endorsement of thousands of women. It
always
Keeps Baby Well and Happy
by regulating the stomach and bowels. It is an immediate
cure for Colic, Indigestion, Cholera Infantum, Dysentery,
Diarrhoea, Cholera Morbus, Nausea, and prevents the torture
of teething. It is also an infallible cure for the many danger
ous summer diseases to which babies are
subject, and a bottle on hand at all times
will prove a great blessing in time of
need. No other remedy has saved so
many babies’ lives.
Price 25 Cents.
Sold by all Druggists.
l wish to s»y In
ball of mothers and th«
pflde*> cf our horees—
the little ones—that
from experleooe l ccrv-
stder Piuv Carmina
tive th© only sure and
sM* rerr.#oy to axalst
nature with teething be-
UM1B * RANKIN DRUG CQMPAKT
ATLANTA, GA.
bit
»,urs for publication.
Mrs. C. L. Freeman,
Atlanta. £*.