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■mpnHRTniHprjn
THE MACON WEEKLY TELEGRAPHS TUESDAY, OCTOBER 20,1895.
(Co itinrcd fy»m fomth page.)
atei and I waited when I quoted him to Ins corrected
if I wan wrong, but be did not correct a single
statement.
“4tli. I assert that iny only motive in malting the
ftpeoeh and opposing tin* bill was that this Senate
might 1h- pat in poascMdon of the limit of tin* issue
i lilldfen, against th<* passage of tlie objectionable
bill nought to be forced ujion them by Mr. King
over their objections and protestations, evidenced
by letter* and petith * “ “ “ * " ‘ ‘
beard these 1“ — —
bia presence.
"Mb. 1 also pronounce the chargea aud attack
made by Mr. King against mo in the House to is* false,
which is evident, as he did not undertake specific
ally to state, establish, or even point out any utter
ance or language which he claimed to bu false or
inulicioiis that the House might know* what it was
and I have an opportunity *»f denying or proving
“f»th. I now reaffirm overy sentence,word,■jllable,
letter and sentiment made in that speech referred
to by Mr. King, which referred to him Personally,
and declare them to be literally true, and challenge
him to specifically point out what he claims of it
lie falre, and I will satisfy any impartial mind
traduccr if official aud private character aud falsi
fier of truth.
•‘I ask the pardon of the Henate and regret the
necessity which forced me to trespass on their
time to defend myself against the unjust charges to
which 1 have called the uttctition of the Senate.”
Mr. (‘abauiss said be could not recall anything
said by the Senator from the Twenty-fifth ealcit-
tlie discussion. Mitchell. Northern Traylor, Ham
her aud Hoyle agreed with Senator Cabuniss.
A message was received from the Governor to
consider in executive session.
Mr. Falligant moved to reconsider action on bill
070. which was lost this morning. Carried.
A message was received from the House,
Mr. Falligant offered a resolution thanking tin*
President and President pro Urn for their kindness
and courtesy. Carried.
Mr. Falligant moved to extend the session until
all business was disposed of.
On motion of Mr. Sykes tlie Senate took a recess
subject to a call of the chair.
An amusing incident occurred in the Senate to
day. Senators Falligant and Bristow wen* being en
tertained in the gallery by several of the fair i
HOUSE.
The House mas called to order by the Kjicaket
and opened with prayer by the cliajdain.
KECoNsIDE RATION.
.pool rooms. On motion of Mr. Lotley, the motion
to reconsider v
CONCURRED US.
Henate amendments to the following bills
concurred in:
lm*or]iora!ing the Anniston and Chattanooga
Railroad Company.
STATE MIN A TIC ASVI.CM.
The unfinished business of yesterday, being tlie
Mr. Harrell, of Webster, offered an amendment
relative to pay jiotients, which, under the call for
the jirevious question, was cut off.
Mr. Bond, chairmau of the committee, sustained
the bill in a strong, terse and pointed tqs-ceh.
- - - -—.— Is a typici
He is Col. thilly, colonel of the First Georgia regi
ment. cotniMised entirely of Kavatitmli companies.
Col. Iteilly deserves much credit from the military
of the Htate fur Ills energetic wort to jiass the bill
reorganizing the militia of Georgia. It took labor,
Tlie handsomest man in tlie House is Sir. Tnfe, of
Pickens. Ho is over six feet tail, w ith raven black
hair and eyes. Ho is about thirty-three years old.
He wears no beard aud dresses in full black, with
Prince Albert coat. He Is chairman of the railroad
committee, but 1'U bet a big ajipie he never will lie
again, if he returns here a dozen times.
His actiou <
friends, and lost him
Kjicakor, in the front aisle,
Troup, who lias imt an *
a sound legislator and an excellent lawyer. Ib
is a man whose words command the
respect that many men’s oaths do. ills throat is
very weak. When he speaks it Is in low
his side sits the jirevious question member, Mr.
Wheeler, of Walker. He is loved by everybody.
Patient, quiet and unobtrusive. he listens carefully
to all debates, and the moment lie thinks the dis
cussion is going wide of the main issue, he calls the
jirevious question, and hence his soubriquet. I,ong
previous question.
<»ue of tin* most unobtrusive members is Mr.
Luinjikin, of Dade county.
It is not my forte to |>rai»e men,and I equally dis-
her who is u
best l "to t
Lumpkin."
i! of tho fairest
to,” lie would doubtless rej
v to make uj> liis opinion
. , . . he w ill
not yield an inch for jiolicy. Ho is not one parti-
’ if-opinionated," but always to
•lowing gray hair, ami olive complexion,
tun* of a cavalier, and surely no cavalier was ever
worthier of hi* rejiuUtiou for chivalry, bravery,ami
withal a tenderness akin to woman’s heart, than
Col. Lamar. I do Hot believe that Col. Lamar
has ever made a jiersotial request
of the House which was not promptly gi anted. As
Hjicuker pro Ms. lie has been ctficieiit and cour
toons. As chairman pro trm. of the committee on
rules, I assert positively tint ho discharged his du
ties more promptly than lias any other chairman of
any committee. By this I do not desire to reflect
jiainuan; but 1 say in justic
asked tlie Doctor f**r his ticket. It proved to be aponaibllltjr to its emi>l»ye, because it afterward IIam., J.—1. A party who lias once had a home- fraud defendant, after they were signed, without kis
only a half ticket, aud iho Doctor declined to pay hired the convicts to another company which us- stood ami exemption w hich was terminated by the consent, tho Jury r.bould find for him.
— money on U. Notwithstanding the r.*ct aumed the responsibility of guarding them, etc., | death of his wife and tlie arrival atage of the daugh- '■**”* *• —**—“— u *
that Doctor Griggs ottered t*» telegraph tlie ticket said emjdoye continuing hia service without notice ter for whose benefit it was set apart, cau by
agent here and if he euted that be did not sell him j of aueh change. I iug the lo ad of u family by a second marriage bate
a whole ticket, to pay the balance—tlie conductor i (<») It can make no difference that the agent who another homestead act apart tor tho benefit of that
ejected him from train. Doctor Griggs then sued j did the liiriug afterward became tho agent of tin* family. 57 Ga. 3H.
tlie West Poiut railroad for damages. Yesterday other company. Judgment affirmed. j *2. Where tln.-hoinoatctd Is applied for pendlug the
jj ‘ ’* ' W. M. Sessions, for jilaiutiff; F. A. A It. C. Irwin, levy of an execution on the property sought to he
' ” 1 |xempteii and sale thereunder, and
heard tlie evidence in the c
uiuruing Mr. Hoke Hniitb opened the argument f< r i W. I*. MeCUtehcy
the plaintiff. Dnrlug the progress of the ease to- J
day I loclor Griggs got a telegram stating that there j Ledford vs. the Htate. Biot, from White. Jlef.
is sickness in his family and was comjs.dled to leave Judge F.stes. Criminal law. Juror. Prosecut
mirt-room. An effort was made to show by the j ltelatioushiji. Evidence. Alibi
nid.ii
■ that Doctor (iriggs was drinking when {
Jack
| jjjgjj
j tlu* homestead right, and
grunted the juirchaser at sheriff's
Juror was third cousin j to eject tho appli*
ejected from the train, but it did not succeed. Mr, of the prosecutor he
Hiiiith. in ojM-uiug his argument, stated that In* j being unknown to the acctiaedbefore he could take
)dallied himself iijmiii tlie ruling of tlte Hupretuc advantage of It after verdict.
' f Georgia that the contract was perfect when *2. The rule i* not changed though the juror
■ no good reason why
t issue, to eon- I eraUou. The 1'1
a jaisseuger paid the ticket
contract was not disjnited. The Court has held that
tlie ticket received was simply a token that this con
tract had boon made. Full tare, which entitled
Doctor Griggs to a whole ticket, bad been jmid. The
I a **l
<a) Whether tlie alteration w as material must bo
determined from the evidence. Tho altera
tion did not affect the defendant*
in any way: their obligation was to
j>av the notes to White or order, ami the alteration
merely jmt tin. title in White, who might regain po*-
White bad sold as the agent of L'ooper k
Go. ami defendants knew tilts; they hud nude tin
notes jiayable to White, and they wrote negotiable
notes. Wlicti the defendants pay the notes they
can look to Coots-r k Go. for any failure of consid-
_-ion. The jdaiiititTs rights an* tlie same as If no
slteratiou had taken (dace. M Ga. 379.
s ignorant of tlio relationship until suits. Judgment
„ , L , *2. The evidence fails to show satisfactorily that.
plicant. and prevent multijdicity and circuity of if the alteration lie material, it was made with iu-
a defendant to sin
a alibi to the satisfaction <-f the Jury, and on that | Rosstgnoll
tunable doubts would not avail him, y
s for plaintiff; II. Hutton c
tent to defraud defendants, and the court should
have charged that if it was not made with intent to
defraud, and it apiteared what the original contract
it was still capable of *
s going to i
i* time.
lie lias tod
good word of Mr. Dennis, of
Putnam, but he has deprived me of that opportunity
by just coming to my desk and saying: "Why don't
you put something in your jsijier alsmt tlie grout
demand the Telkiikai-u is in. 1 am getting tired of
Passed by yea* W, t
n*H WARDEN*.
Tlie bill autliorizing the commissioner of agricul
ture to atijHunt fish wardeus was takei
tlon of Mr. Turner, of Troup.
Messrs. Boyd. Everett aud Turner, of Troup, fa
vored. am! Mr. Robbe oppoeed the bill. Passed by
yeas 99. nays
lllt.t.s PASSED.
IncnrjK.rating the Cincinnati, Georgia and Florida
ill granting retail liquor licenses. Yeas 93,
nays .V..
Amending the act incorj-orating tho Georgia South
eau and Florida railroad. Yeas «*». nays l.
Begulaijh'-t tlie loaning of requisitions for fugi
tives froiu justice. Yeas 95, nays 5.
ltequiriiig persons appointed administrator* who
haven't given bond, to do so. Yeas 05.
Chsluring the time of luddiug the fall termsof the
Superb r Court* of Echols and Golquitt counties.
Yeas 91.
HILLS M'MM VttlLY SI.AIN.
Mr" Brandt moved to indefinitely postpone the
bilL wild advocated it.
Mr. Uackett favored the bill and opposed tin- mo
tion to jNistjinne.
The House adjourned •»***• die to-day at 1:1
o'clock.
As early as H::m» o'clock Col. R. J. Wilson, of A'
gusta.tbe jsilite. efficient and handsomedoorkeejs*
was at bis poft, where lie has bee* '
whit subdued by the arduous labor of tin-
long session. They v
i tin- right of the Hjienk-
by imagining that it had Is-en slothful, and yet tin
the hour hand
pointed "to 9. He lias worked hard during tht ses
sion; indeed I think be ha* Wu in his seat
more constantly than was necessary or wise far his
health However, he has borne it well, but I fear
not without penalty, He suffers front dysjiepsta.
and his unceasing labor has
a that t
* without
was in his seat with his hand to his ear
bill favoritig the sale of liquor might in
his knowledge and opposition. Mr. llarrison. .->f
Quitman, with his long, flowing Titian red Is-ard
and hair and portly and stately form, was
ruiried hi* desk right in fnout of
time and , ...
KjH-aler. Judge Harrell, of Decatur, tin* member
who goes around armed with tlie* constitution loaded
desk and saying
,'T....
not being aide to read my jiajier. From the moment
It come* it Is borrowed, and goes the round* until I
lose sight of it: and I have either to buy one or go
without it.” 1 like Mr. Dennis for tliaL and ho is
very nice fellow, but I can not say so, now, for fear
I should bo siistiected of giving a </»«'</ pro #/uo. s
good-bye, Mr. Dennis, to your getting due pmis
Mr. Hawke*, of Sumter, then on behalf of the
House* presented Speaker Little with a handsome
tea service. Mr. Hawes said:
••Mr. Speaker: Many and many a time have yon
beard that fmuiUnr term of ymtr office «* it rang out
calling your attention to bear tin* petition of soi.u
meiuls-r seeking your recognition as presiding offi
cer of th la House. 1 now use it in affectionate es
teem. sir. Good-by is a sad word. It is sad in boy
hood when care is of tlie future slid J*»y a present
reality. For mature men good-bye is the breaking
of a chain of association whose links may never Is*
joined again.
••When this House assembled last November, the
question of who should preside over the body was
one of jirirne necessity, with one accord the choice
fell upon you. as ts*i«g eminently aud sjvecially i't
for the trust.
"Today the memliers feel their choice was di
rected by wisdom and their confidence merited by
faithful service.
"In behalf of the memliers of this finnan, I pre
sent to yon this service of silverware as a token of
their esteem aud confidence.”
Speaker Little said lie would be insensible
human feelings v
grateful for this cvl-
of kindness on tho part of the House towards
b in. "1 have received from no member of till*
II uise at any time anything but kindness. I accept
ed the speakership distrustful of my own merits.
I want to say at this close that I prefer to have a
reputation for performing duties with fairness ami
ami iuqmrtiality than to have a reputa
tion for having discharged them
with ability. 1 am conscious tbit
I may have blundered, but 1 uni also conscious that
1 have at no time made a willful difference between
mrmlwrs'or nnasnre* In my ruling*. No House i»
Georgia, lias, in iny opinioi
yonr favor, and 1 will transmit it to those of iny
blood as the highest honor that could baw been be
stowed ujmiii their father.’’
THESENT VO 11 SI*K*VEll PRO TV.M.
Mr. Mcls tidon then jircacntcd Col. I.. -M. Lamar
I rise to discharge a most agreeable ditty, for the
lierfortnanee of which I am commissioned by those
for whom I now sjH-ak. *T1h» summer's flower is to
the summer sweet, though to Itself it only live ami
die.' Our friemlshijM arvihe stimiiierfl .wers that
spring npond brighten our jMlhway and *he<l their
perfume to swsrten the assm'latiotis of Kle. As the
hour draws near when wcitnust take leave of each
other, we feel lliat tin* frietidshijm Imrti during our
seasiott now closing will grew stronger as the days,
month* and years lajisi-, in fsift measuns rhyming
eacii with each.
"As a slight token of the friendship and esteem
in which this Mouse holds its honorable H|w*ak«T pro
trot., ami as nti expression of its thanks for bis
courtesy and efficiency, in the-name of’tbis House
it is im plcasuncto present to the Hon. L. M. Isuuar
■nnm ,m. .. n «.*■• ,.*ng and
sotial ami official intercourse to little purpose if y
have not teamed of me that no man values more
gratefully than f do friendly ajiprecfaffon and the
esteem of Worthy .men. Next to the approval of
conscience, which arises from an honest bischarge
» eagerly as ever the
I Missage of every bill. Mr. Ib-roer really deserves
he praise of never voting without knowing what
the bill is that is being passed. « lean-cut McLen
don, with his youthful face and iron gray curly hair
and sedate manner ami auuost sa>l face, oc. upi.-d
most logical members. Just i
popular. From a lalmn-r on the railroad lw* has
risen to have a lucrative praatice in Dougherty
county, and to be recognized a* one of the ablest
E wing members of tile Georgia l'em-oil Assembly.
is absolute integrity of character bus won him n •
sjiect sn.lhi- genial nature has drawn around him
many friends.
Now, I Jqst hear the xjAcv of one of the strongest
and most practical men m Georgia. It is the voioe
of Gaj.tain Gordon, of Navatiuah. Old Ghtthani has
tio reason to cntuj.lain of her rejwesentatton. Gor*
don is eminently level-headed. I can't think he
ever dreams. There is nothing visionary alsmt him.
I am anre* if bo ever thinks alsait what ktml of a
place heaven Is. he vesta it with only material ele
gance. Not that lie Is sordid, far
la a prjni-ely gentleman. I ha*
oppose hint jiereonally, but
to be as generous to an ojqsnicnt as
chivalrous to an cuemy. Much of the legis
lation of this session has been shap«*d by
Gordon: and that, too, in a quiet way. |ft* col
league, young Mr. Hartridge, who is the humorist
of the Hons**, and one of the best in the Hontb. is
walking up and now, looking weary. A funny man
"Your testimonial of csteim* ami att* huiciit
touches me deeply. •
’It will lie * priz' d souvenir of the most pi xisant
..... .... ... , ..... ....j my warm ranicm-
liratioe ami my most lioartf<*lt (iraw-rs for your wel
fare, itit<-usifi»l by this graceful demousrratkou of
your kindness.”
CANES vou nooRKKUt-KH AMU HAl.I.KEKt'Ka.
Mr. Boyd, of I.utii|ikin. in a beam if ill trihut- to
ilonel R. J. Wilson for his service as doorkeeper.
j*re**ent»d him. oxi behalf of the Hulls-, a handsome
go|d-h* a>led cane.
Colonel It. J. Wilson returned thanks for the pres
ent in brief, wellsfiiosen wonls.
Mr. Bmt. of Hall, on lwdialf of the House, then
pn*scnt«*d Mr. NuiKti, the flficient kre|>er of tls
i* ami Us committee nsiajs, a gold l» -ad* d cane.
Mr. Bovd. of Lumpkin, oik red a resolution ex-
temling thanks of tie- House to the Njwakeraml
His-aker )<rn tm. and clerks f*»r their effW lent dis
charge of their duties. Tho resolution a as adopted
by a unanimous vote.
THE !.AI>Y CI.K.tK* ItVMt'.KRKUED.
CoL klark 11 ted in. ehi**f > lerk. jtr»-**-nte«l bit four
lady cl«rks with a liamlnoim* basket of fruit and
candy. Tho Colonel got Mr. Galvin, of Richmond,
to make the presentation sjioerb. Tim choice of
Mr. Galvin was very fitting, because it was on -Mr.
Galvin's motion that ladle* wen* first employed in
Urn service of clerks III the Assembly. He took tlie
jsHdtioti which trial has proven that the eajuibtlitk**
of wotm-tt an* limited only by their op
portunities. Mr. Galvin's speech in
presenting the candy and fntit was iu
Ids usual quiet, graceful, easy, self-po**esred man
ner. He was only Just tn his jiraises of theengniss-
ing work done by the ladies.
Miss Martin n*sj>omled to Mr. Calvin in a modest,
diffident manner.
It is known that in engrossing hills the ladles
work I* neater and more accurate than was dona by
men in former sessions.
_ ^ Although Gomlm-tor
Hmlsoti may have in-rfornu-d liis duty in ejecting a
pasM-ngor not li>>ltltiiK whole ticket, still the road
was hound by its contract ami should Is- made to
give damages. Judge Bigby ami Mr. Dorsey a;»-
jican-d for the road. The case will jirobuldy Im*
given to the jury this afternoon.
prohibition meeting ln-re to-night, held
Bethel Chttri'li, colored, on Wheat street. I
speakers, white ami black, addressed the
Mayor Hillyer made a long spoi
lt lest the other side should sugar their
liar, ami utiy man who voted anti-jir
liiliitioii was a fool. Hniall, it should )m- refuel!
bored, has recently become a chtiaUau and w
speaking in front of a jnilpit.
the jioiico and tin; coffin bttvi
ness. Ho said that if lie had tiim*
ho would come here later and
help to drive liquor out. If he could not come, he
would send somclMMly to stmujv in his jilaee. Ho
read a letter from a tuaii who expressed keen sorrow
at ha*dug oA**r votml against prohibition,
The arguments of tile sjs*akers were on the usual
line, and everylmdy com-luded that the liquor traf
fic was condemned, but«* *'
liber
Tho Gt'orgiii Al ill 1st ml ltooms Again.
Atlanta. October I V—Gajuain McHenry. Mr. W.
A. Broughton, of 5Iailison, ami a iiuiiiImt of othei-
iiUcHicn interested in tho building of tlie Georgia
the failure of the rjiilmad bill, ami iu sjdti
coin mission if tin* section between Madison and
Griffin will subscribe JMO.OOU to tho stock of the
*. the section of it between tlie pointr. named
resjiomleiit. stated *-mptintically that the «uie
humtn-d thotisnmf dollars will Is* subs«-ribed.
and the road built. There is bat little lhekitigto
make nji the amount of subscriyitioii required ami
lie bail no doubt .bat it would Is* sjieedily made uji.
It is jileasant to meet such aiXivo, jiublic-spirited
o/iiaoris a* Mr. Brough ton *xtid Gajitsisi Mc
Henry, whom 1 fell in with to-day, ami
the Htate cannot biavo too tuuiir of thmu. They are
thoroughly alive to the welfare of their town and
section, ami ls-Meve in it to tie- extent of tt**ir time,
energy and immey. They have stnn-k tin keynote
of success and they are not aj« to fail.
SUI'HKMK COUKTOF GEORGIA.
■Decisions licnileri'il TiWlilay, (k«olier IK,
lKfffi.
Hjs-oial ItejNirt by®enry C. Pev.vdcs.
Marietta ami Nortli Georgia Hailrond<'ouipaiiy «s.
''oinjilaint, from Cobh. Judgiumt
jM-sl. from Cherokee. Judgment affirmed.
Fayette Ledford vs. the Htat*
Judgineiit reversed.
Pbillijis et al vs. Dean* et al.
Itkti, from White,
Clai»., front Gr-bb.
White. Writ of error disiniwl.
Mary 11. Kenning vs. Bariow
froiii Lumpkin. Judgment affirmed,
t al. T t-ifrpass.
u-stead (laim.
II. Hhfjip vs. It. M. Smith
from Walton. Judgment affirmed.
M. It. Tlmma* vs. James J'oekius, a Imin-
istrator, and vice versa. Equity, from Falmo.
-Illdginent affirmed ill both eases.
J. W. Ciibaniss vs. W. I>. Hill ordinary. Mun-
tlnnitiH, from lfa>M'twhani. Jttdgzzu'Ut utllrtw d.
Jas. IIimmI vs. t'has. J. l’erry *t. al. GlaltE, from
Mhtoii. Judgtn-'tit ntfiriued.
W.J. t'hrisUKi. et al.. ex.viu'i rs vs. MWtbrook,
et si. Knility, #1*0111 t’berokee.
Altiiu K. ffziliday. adnifnir rutor, vs. David J-
Augliti. Con-jdaint, from JocJson. Jndziiietit af.
Mif.ain, et ai Assincp-
. trom GobE. Judgment reversed.
It. E. M. Kails vs. L. B. Crawford. Eifuity, from
:k*t: Bimm et al. vs state. List
Ga. «M: *V.» Ga. 11*2; Bryant v*. State, s*
term, Jsst; fa: Ga- 457. Judgment reversed
Wier Boyd, J. J. Kinisey. for jilaintlff; M’. i
solicitor-general, by F. L. Haralson, G. H
Description. Mistake. E*|uity. New trial.
Jackson. C. J.—1. Where it appeared that Itatnin
comity wu* originally laid off from territory ac
quired from the Cherokee Indians (Laws of isp.i, j,.
and added to Rabun, being part of tho thirteenth
district of originally Habersham (Acts of Isom, p. M),
a levy hy a coiistslilc on "lot 110 of originally' Huh-
t-rsham now Jtabiin county," is not void, Jt is i-i-r-
taiu, meaning lot 110 of this cut off territory of the
thirteenth district of originally !lulK*ndiaiii.
*2. Tin- sheriff', after the execution ami levy were
turned over to him by the constable, make tlie iuis-
take iu ids advertisement ami deed of juittiiig iu
the words, the fifth district of lUhun.
•h sab* Mug the jilaiutiff iu the
with Ids grantees having been for years after the
sale in possession w ithin the know ledge of said de-
•rtaiu'a biUflU-d
r his repre
'oujud. sales, ‘.I'.'ii, *2H Ark. It. p.
arj.
4. M'herc movant was allowed till tin* first Tues
day of tin* next term after his trial t*» file his brief
of"*evidence, blit tlie judge who tried the e.i-e
not being present tile motion wu* continued, ami
was heard at tlie next term, the brief being tln n up.
proved, the motion's former trial was projierly
heard on its merits. Judgment affirmed.
Gram* \ Jones. G. H. Button for jdaintiff, Barrow
A Erwin, W. L. Morter coutr.i.
authorities of Haliersliam county for
work, etc., for a new jail, under a contract dated
October :in, Ism I. under wliii-h eontnu-t jiaymeiit
was to 1h* maile in enmity orders whieh were given
by the ordinary, payable nut of the new jnil fund,
and if not paid, sain order* were to hear interest at
s per cent., seems to us to bo clearly a new debt in
the sense of Uio constitution of 1m77, code 5101, fit
that fund uiqmirs to be exhausted
The jiureliRscr of the order*, if he bought before
due. could only enforce hi* claim against such
sjieeiai fund: if he bought the claim on account it*
well ns tlie oniers, he could only enforce such claim
subject to the equities between the original parties
error to refuse a mandamus
to the account.
It was tkvn-fi
atmntutc to compel levy of a tax to the holder of
such ordzrs, the said fund having boon exhausted,
and no Jr.dgim-nt having been obtained against the
comity. Judgment affirmed.
Hugh V. Washington for plaintiff; H. H. West,
Louis Dori*. contra.
Fhilllpu et nl. vs. Dean et ul. Glaina. from Cobh
Itefore Judge Brovn. Bill of Sab. Mortgage,
tirowing Groji. Levy. Execution. 1'osseseiou.
JaiX.son, (', J.—l. if. here there was sold or mort
gaged "five bales of white Hut cotton, each ImiIc
weigJiitig five huiiiir *( jsitind* of the first jnckiugs
of th.* cotton crop row planted anil ill a growing
condition,” etc., rv.. it was not Mu growing crop
whU h was sold, bt/i that part of tl which
tun d ami tunieil Hire
ami w here no js>rti<
dived t/> jMissen* to n
ertoin vreght;
y tin-
bale* Of
b ctetoti had
vetsJi e or mortgwjuc,
growing crop
Faiiiiiu. Judgment affirmed.
a cut affirmed.
-I. H. D»kNutt, ordinary,
. D. Hil), ordinary,
A DAYS KVKNTS IN ATLANTA.
An Interestlnff I^*gnl C'aa®—A I tig i’rolilbl-
tion Meeting, Ktr,
Atlanta, October 15.
. a gaging the attention .
morning. About a year ago young Doctor Griggs of
West Point, Ga., formerly corresjamdent of the Ma
con TeleoraI'H at that jsiint. bought from Mr.
Aleck Stewart, then tlck*t-aovnt at that point, a
tioket front Atlanta to Went Point. He paid him . .
$2.60, the full price of a whole fare ticket. M'hm j iu e Tor through It* ag -nt
the train reached East Poiut Conductor Hudson I guarding convicts, was not
fn m Gwinnett.. Judgment affirmed.
nw-r vs. tin .State ami county. HiepiJity, from
White, liefr re Judge Estes Practice. Tax execu
tions. Parti* s.
Jackson. C. J —1. Where alt/lavit of. illegality was
int* rjiosed to ati execution .fc r Htate .aud county
tax* s,. the bill kf exceptions sated out Izv tin- affi-
ilatit should have ls-eti served on the solicitor-geu-
*r»L
2. ‘When a cue proceed* indite name.of ii Htat**or
ounty, and thr%Statc ami ooim*y are the sole par
ties L> the ca*e U low-, tlu-y most Is- M-rvedamI they
H. Underwood,
L Wllltan “ ■
Erwin solicitor-ga'ieral, by M', F. Fimll< y *
traordinary uiotieu.
Jackmis, G. J.—I There are *n ex traordinary
ground* in this nioti >n for new tried. It should liave
lss-n made at the. term wb**ti tb«- cos* was
tried, or an order had giving time to make
it during vacation. Fn such order mm* had. .or up-
plied tor. Therefore a simple allegation that
movant did m>t have t me to make his motion dur
ing term, will not conaHtute an extraordinary mo-
Apjs-al fri-tu
W. p. Price onitra.
Dirm ll vs. Barton et al
t'berokee.lirfon* Judge Brown, Wills' Vniistme-
U/'Ii. HenixirJders.
Jackson, G, J,—I. l ? nA*r the folbiwing Is-queat:
•*.UJ tuy property, Isith re.vl and jM-rsnual, «>f what
kind it may be/* • • - “ *
•oiirt
w trial on tls-1 videne* adduced l>> <>tn,iiu
rdie.t, it will .-villi stroM* r n-asoti do when*
there tunc been two vi nll t* the same tlo-ugii
Barren for aud during' her natural life, i the Jn^c l..-|„w may think the evidence u, sustain
and after tin- dearh of mv s.iid wife I direct that aU the seiand venlU t ;ratluj
the remainder of my said j.-roja-rty be sold by my
my beloved wij* Jane
tiN jMtMsess.nm by I
. flic aiuosnt of tin
soM or mortgag* •!, no jtarticaiar field or uuu>l»
of acres, or of jiouuds In gr»«ss to l>«-
un>b- out of or on it iiwntiomMl in sucii
bill of sale or mortgage; ami lir'tore tlie cotnoi wu*
ginned or (tacked, and while still in jiossesNion of
tho vendor or umrtgagor, in tb* seed.lt was.1* vied
issuing on a jmlg-
claim of tlie'vendee or tmirtgagee
Pollock, 65 <;». cited ami dls-
liliguislied.
of tb--|)riiiciph**cxpr*ssed in this bret cited
doubted ami the e**e w ill hnWUy be ex
pended beyond the fad* therein. Judgment
, for jdaintifi; J. E. Mo»Jy. contra*
Hhijip vo. Hiritli. lIoincNtcMl claim, fr«a< Walton.
Before Jr.idge Hutchins llonie*tej.E bank
rujitey.
I prior
to that cmstitutioii, tleailJ the exemjiMoti of the
nroperty b< mmli- by a rourt of liankruptcy. Keo 10
Batik. Ihg.. p. 1.
(it) SlnatJtl wo be requested to revk'W tlie first
casecitcdvimd tlu»se foUoati'ig it, it mi) Im- dotto, or
should tin. Hupntnii* Court<of the Unte -1 States iqs
hold the Usnkrupt act of Iw7d a* controlling in cases
like tlni-ct course thisisfWTt will yield 4 to its decis-
Judgment utfirnml.
T. Rotr iw, for J.h ■
k Mclb-ntp, contra.
Northeastern Railroad Couinauy! . .
. from Habersham. Before Judge E*tes. should been forced. Judgment re reread.
Railroad*. Right of way. Stock guards. Negli- j ^ W. P. McOntchy for plaintiff; W.J. Winn, J. J.
gent* ~
Demurre
Hall, J.—A declaration which set forth that
jilaiutiff' had tlouatetl the railroad cniuj«ny right of Anderson
through hi* inclosed
around fie field came t<> the road lied on each side
thf huiiih, ami at each place where the incl«*iire was
Intersected by tin- road stock guard* were placed
by the company: that tlu-se guards were insufficient
to keep the stock out of his field ou which was a
growing crop, that in consequence of thi* hog* got
into hi* field and destroyed hi* croje. that he was
thu* damaged by the negligent c<-n*tru tinu of tin-
stock guard* and by tin ir being allowed to fall
was properly held bad oil demurrer.
The company is uudt-r no obligation iu law to
keeji uji such guard* at sueli place-, ami such a
duty cannot be inferred from tin- fm-t tliut the ri .lit
of way was voluntarily given to it. ( ode 2051. *2i*53.
2*J54. Judgment affirmed.
Crane k Jones for jdaintiff: G. II. Sutton contra.
Hood vs. Perry et al. claim, from Miltou. Before
Judge Brown. llu*baml and wife. sale.-. Debtor
and creditor.
Hall, J.—1. A sale made by a married woji.a
void. Code 17K.*>; 71 Ga. W*2; Webster’s Diet, verl
••Invalid."
2. This being so, it i* not necessary that such
sale should be attacked by tho wife or at her in
stance, in order tliut the sale may Im* set a-ide. Th
reach the jiroj-erty Just a
though there had b»*e
sell.
Judgment uf-
i sale, or attempt t
if the sal** were voidable instead of void
for thin ntanttu. a* between the husband and tin
wife, or her representative*, yet if the alleged sale
were to himh-r creditors, a* then* i* too much
reason to believe was the case here, it would be
void.
The rights of creditors should be favored, and
they should be gi
feat frauds. Go
T. L. Lewi*. J. It. Brooke, fur plaintiff; J
Dodger, E. Farr, W. J. Wmu, contra.
Knox vs. Higginbottom. Dower, from Wal
Before Judge lftiteliln*. Mortgage. Waiver
I lower. Evideuce. l'raml. Estojqwl.
e contained a
i by the wife,
<> dower iu tlic
rtgngc. Code 1760.
Where it iselearly established that a widow by
h« r acts ami decUratimt* ha*< practiced a fraud
tijm>ii innocent jM-rsou*, and induced them t<
chase land under - the impression that they
getting it free trom the itleuiltbratiee of dowe
w ould Is- estopped of her dower right. Code
3753- *2 Ki-riti. oil Dow. *2('*» •>
3. But to avail himself of an estopjwl. the pur-
chaser must have aco d honestly and
must be a burnt lUin-haser iti the full
... tbe fa-from practices and devices
which tend to lead the dowres* to acts ami deelara-
tiotis barring this highly favored right. Hi
Grizzle vs. Gaddis.Coiiiidatnt for land, from Lump
kin. Before Judge K*t« *. Pleading. Demurrer.
Npeeiflepetfortnauce. ParG«-s. Contract*. Land
for land setting
properly stricken oti demurrer: That defendant
went into jM*ssessioti of tlie laud
sioti *»f the surer s.cd cultivate and imjirove it. the
ahonhl have /- -is the,r home during tlie life d
femlntit and kis wife for a reasonable rent, »o«l if at
any (time tire defendant should Im-coiiio able to p
chiMMi said vendor would convey to him a title
the same at such price as it was then worth; that
defendant made various improvements on the land
hy elearinfu ete.; that them were worth wore than
•lie land: that lie hail pool in rents tus* hundred
dollars; ami that plaintiff had notice «*f all
tho suit, or subject to tie Judgtm-nt that might be
n-ndenoii; the pica tendered th** jdaintiff and
her vondor fifty dollars in full of tin- jnin-liase
mom<.land jiruyod that she he licensed to perform
s|M*citmlly defemSruit’stigreenieiit wttli said vendor,
and Ihat title might W vested in ik femlant on Ins
|>ayiLg into court fifiv dollar*, wliiuii In- alleged was
the purchase ntone;.*or *iieli otlmr sum a* might
Is- equitable; or, if Gils could m* Is* done, lie a»k
ed t .r n decree iu dAiuag’es gs contpenaatioti for tin
improvements he bad put on 'lx land, etc.
2. Tlie plaintiff could not liei dl. d on to exeeutt
sjM-^ifii-ally a contract to which stu- was tio juirty
an,i espei-ially wl»"li her vetidiiT. who wa« alleged t«
Indeed It may qm-stioned whether sue
mild have in thz* iiianm-r Isv-ouu- a party
suit. Had it lx-*:i an nction af ejectmt-nl. >
plaintiff*lessor, the s-<|iiities Is-tw
«-ml< i
iihl have I
might, then Pave tho *-tl
rlt** forum t*i
•where all tin* partie
juity
•ml the jdantiff <
mid be brought rigbtfuliy
'till relief given to all. G« M |e3os.V
But if thw vvi re a bill, ami the vendor a purty,
no specific pert •rmatice could be decreed. The con-
' I the defemiam might purohase the ]
rshjps. Dissolution. % dice. Itetense. Debtor !
and rfe/ltfur.
Hall. J.-t. Where, after the dimvlution of a I
)<artm-r»hi|i a creditor of Hie firm oco* jits the in
dividual de* r ts of *
I tie firm for«a *lebt mode I
duniig the . xlstem-o of tie iiartm-rahip. ami ex- for subsUtdtel ln„!
u nds tie time for jiaymeat without U»** kn*.wh .lge, [**'
cf thu other iiieiiils-r of tb. firm, sucii other tnem- J
Im r Is rrh*4Mi d froiu the .Hr.
31": aria 1'.»17 ami citote-t
dm nt alirtuol.
< M. loins on, for plaint*-. IV. H. Pitktvll, M. L
.Smith, DiinlLp k TIioiiijmoii contra.
White v*. lUii.l, et all. Kf'iity. fronr. Lumpkin.
It -fort- Judir Kates. Fqitit/. B.-scisnion of con
tmet. Ghaiyu of the court.
Hsu* J.—I. The venllct ia this eawc.la sustained
by tlie law aiul evidence.
2.2>t*- 1'irty cannot rescin»' • contact without
tin- eohM-nt of the otlier. rx-.-jd for ton-perfor-
tiialUM* of covenant*. G.Mle 24'5<l.
3. If,true that i'll.* court ouibtcd to charge an ap-
projirMte ami pcctineut jirinrtple of law, iltn jiarty
coiiipl#.iuing pliotil.l have t-alJ*(i his attention to the
umlssio:i, and thin if he refused ft. gi** it there
would,teive been gD.UIld f.ir alleging error. We
think iv was n» stu-li oiuinsioL ill this .m<*e.
tiround* of »vcejition to u judge's charge
. Judgtm-nt affirmed
M. tl. Boyd, Weir Boyd, for plaintiff; W.J*. Price,
Sow trial. Discretion. Evidence. Fraud. Adminis-
tra ti*in. Lk uititioiis. Minors.
IIaI.i. J. 1. Jf this e.*tit will refuse tn interfere
with .tlv- di»ci»,tion of tls- court below jn refusin'? a
■enters ami Is* equally *
among my chll-
tint any of my children
H ^Hthe death -t»f their said
I mother, leaving a child or children living, tlw-u I
desire said child or rbildreti so left shouhl stand in
the place of its or their deceased i sr-f it and heir a
child’s j>art—that Is, the Part that tlie deceased
Interest in th** estate.
(*») Tlie contingency is r* ally double, depending
on what was left unconsumed by Hu- widow, sml
survivorship by the child or his rhlhlren. Judg-
Master amisvrvaut. Contracts. Hubstitution.
.. On (be issm nf fraud ky tin*
iibtainhix' tin* discharge relnd on
•gainst
show
v ti.sk'- <
videnoeon which
_lmiiiistrwt.ini could rest
that the jtf-imijHil vmeh.-r relied
Jf^wa*
; is uo mutuality in the cviitraet, and ueitber said
t-lldor or lit*assignee could have enforced the |ier-
foruiatir-e of th** contractagainst defendant. 71 Ga.
. , h . J; .
I said vendor. When
Iliad)- In- Is-caine tin- t'-naiit of
! hi* InmUnrd was not linbh- to him
i*roveui)-uts unless they were
. nilses hy the lamlhml's consent.
IP. could not eliauge the character of hia
bidding without Hu- landlord'* consent, ami while
t) limit could led dispute his landlord'* title. Code
22N.3. JudgtiM tit wffirtmd.
Wier Boyil,>lor jdaintiff; It. H. Baker, contra.
Holliday, administrator, vs. Anglin. Complaint for
land, from Jackson. Itofore Judge Hub hln*,
Hall, J.—TL«- verdict is sustained by evideuce.
II. Cobb, W. J. Pike, A. H. Erwin, contra.
Blanppoud, .1
jdaintiff iu
Railroad*.
•The testimony **f tb*- engineer of
d that tio- railroad company
t fault in killing defendant's
lifetiinn. who tsjilMays
ducc all tin- *
nut at fault.
The jury t
Title. . ...
Bl iM'i i ■):»>, J.—1. A sberilFa deed not sustained
by any proof of the actiou. judgment or M. fa. on
which it was founded was jirojierly re Joe tod.
*2. Where no title was shown in either party, ami
tin* j'OMpt-ssion wa** iu the jdaintiff in error, but it
api'c.ii-ed that he hud been put iu po-,session by de-
li-udaut iu * rror. tin* verdict w as jiroja-rly tor de
fendant iu error, the jdaintiff la-low.
tai It i* true that defendant below claimed to have
nur«-hu*4 it the land from the executor* of T. J.
I. Pay m*. but ikwas not shown that *aiil Payuu ever
hiol tith- or pimscssion.
3. Rulings of tho court on evi b-m-e *!iottl«l be in-
voked, if ilesirod. and sj>«-i tn)* • xception lttado.
Jmb.’im-ut affirmed.
Wi«*r Boyd for plaintiff: W. F. Findley, contra.
Askew vs. the Stnte. Hitiiph* larceny, Irani Haber-
sham. Before Jmlg*- Lute*, (’riiuinal law. Ac-
i iiniplice. llusbaml aud wife. Misdeineanora.
Blande*
ami tin- t
corroborated.
2. The vv if)* of an accomplice i** a coinjictent wit
ness to testify t>» any fact in n criiniual ju-oceeditig
not against her husband. If he be not affected by
her b**tiiuony.
3. The rule as to corroboratiou of un accomplice
doe* uot extend t>» luis)let;u-auora. 43 Ga. 197.
Jmlgtuetit affirmed.
11. s. West. Crane
Erwin, solicitor-gem*
Conduct of judge. Errol
*. for pluintiff; W. I
lury lia>l been
. 4 judge stated to
i who lmd been tried and acquitted
b urly guilty, aud he could i
could have found such a ven
This was no ground of err*
t 'ollitis vs. Slate. February to
aolicitor-geueral, by W. F. Fimlh-y
Boundaries. Mandamus absolute.
BlaspKotin, J.—1. Tlie io-t of 1H79, acts of 187H
and 1k79, j*. 1h«, is ini|M tative that when a grand
jury of a county piesetits that a line between its
county and an adjoining county is undefined or in
dispute, that the ordinary shall forthwith transmit
a certified copy of stu-li presentment to tin- ordinary
of said adjoining county— * “ ' ~ ‘ —’ * “
the two ))nliuarieM to ili
counties to survey and t
This act was strictly followed by t
itb It. The mandamus against him \
made absolute.
‘2. Besides, hi* answer was insufficient. It failed
Blandkord, J.—1. Objection to a Jury,
tice's court, that tbe list contained tunica not «
by certiorari.
2. Th»* verdict was sustained by the evidence..
Judgment affirmed.
{(’. II. Brand, by Harrison k Peeples, for plaintiff
supreme Court of Gcnrffiit.
Atlanta, October 13.—No. fi, Western circuit:-
Carter vs. Htate* Argued. J. II. Felkor for plaintiff:
K. T. Brown, solicitor-general, by 'V. It. Brown,.
So. 7, Western circuit. Burnt** vs. Kmitli ami
Turner. Argm-il. D. H. Walker, Bay 4t Walker for
jdaintiff; J. W. Arnold, contra.
Court then adfoiirtieil to 9:3
•MY DKAUWAKD” TALKS HACK.
|*ity iu i
Who |*nt tin* Money In the lleluiont Aline.
N. Y. Herald.
“Did Gen. Grunt and bin i
tho money for the Hclruotit mine?’’
“Of fotirht* they diil not. Fish and I
jutiil our |»ro|)ortin!iN. Tho choekH will Nhinr
that eiteh im-tuher of the firm paid hiu pro-*
portion, and, as it matter of fact, that all
the cash lint in the mine wan put in hy
Grant »V Ward. Therefore Grant wits right
in saying that the mine was a great deal of
a fraud.”
“Hut your brother examined it?”
“Certainly he did, and, hy the way, I am
glad you spoke of thut; Mv brother is a
nuning engineer, and he wan Kent to exam-
the mine a* to the quality and quantity
1 11 not sent to investigate
He would not
Ktigate them*
». He relied.
Grant relied
sustain th*- final r< tcru by tti* ailmtiiistnitors was
obtelnaii aft#*r their discharge, w hich voucher was
vague sml Indefinite, that only |»art of tile money
it jatrjs’rteilto cover «ra* jiaiil a»/l that thi* was re
paid to the administrators, because of an alleged
loistaki-on their jsirt in turning it over to the
payee; aud on the trial tin- final return was m>t
forthcoming ami no onler approving it wo*
shown, aud It was also shown that it woa never juit
on record. Code J*'"*, 2*5*t*t, 2751,
3. Tin* fact that a cntii|>!aitiaut had a guanbati
during the time of his minority after the discharge
of the administrator* was granted cannot Im* held to
bar bis right to recover. The statute giving him
five years after Iu* reaches majority within which to
sue nukes no such exception. Code 2607, Judg
ment affirmed.
It. l» j.ester, G. N. Lester for plaintiff; W, A. Teas-
ley, C. D. Phillips contra.
Niton* vs. Ghastly, sheriff, et al. Refusal of injnnc-
tion, from !fah«r*hain. Before Judge Bates, fec
und homestead. Injunction.
nf its coul. Ml-
anything about its tinum
have been competent to it
if he hud been sent to do
upon Gen. Grant. Gen.
upon Gen. Gordon. My brother reported
thtil there won coul there and it vvuh a very
good quantity «»f coal. He knew nothing
about the debts, about the ditUculties iu the
unv of getting it to market - in fact any
thing except the point to which 1uk mi till
was directed as a mining expert. Ah n mut
ter of fact Duck Grant's attorney, l'urring-
tc.u, Ktihseipiently went down and examined
the mine also and was paid for his ser~
vices. ”
“Gen. Gordon thinks that the mine wa«
worth and that he got nothing
for it.”
“Well, I think we can afford to let that
tub atand on its own bottom. He made
representations to Gen. Grant. Gen. Giant
nn.de the leprtHcutations to Grant A Ward
in good faith. We desiring to please the
general, did precisely what Gen. Gordon
asked him to got thine for him and we lost
it all.”
'(••ti. .1. R Gordon admits that he sold
the mine to Grant .V Ward through General
Grant lie says that the cause of the failure
of the mine to pay was that itwasput under
the superintendence of a man who knew
nothing of his bn* j ness, and it wus *q tended
in the most unskilful manner.
“It would set-in as if Genera! Gordon,
having sold Grant A Ward the mine, and!
being its president, aud living as he did-
upon the ground, and being interested nit
he seems to want the public to think he
was in its welfare*, would have advised
with the manager and consulted Grant A-
Ward about tho way things were going un.
Mr. Otis was an army officer, and tbeGranta-
nut him there-, f suppose, trom a desire to
help him along, hut General Gordon should!
have advised hint,
“As to the $1M,INNI loan General Gordon
savn: 'About that time I in (find money,
ami I borrowed *lN,tNio from the Marine
Hank. I, did not g» t the motley on the in
dorsement of Grant «V Ward, but on mv
nerKouii! note at>d those of my associates. ’
If tin* II* raid's readers will refer to the let
ter written to be my G*-m-rnl Gordon, dated
April 22, puldisJied in the Herald of theHth,
they will readily see that General Gordon
had to get the eons* tit of Grant A Ward be-
.... w , f«»re la* could gel th** loan, and thu* Grant
•( wiitte J A'Vcrd became morally liable for it, and
e Note's ' "" r< ’ w,tn I M ‘^ p ‘* to take it up and pay the
were negotiable ana In the bands of an lnn«*cent V® ^ ongh General Gordon wan
holder ts-fore inatuntj: it was error to ( barge that | R* quently eall**d Upon by the babk to itay
I the alteration was a innk-ml one, ami if done to <k- < it."
ay hav»-jnfi rr»-d that if tho fin-man
>l*nt III* tfstllllollV would lisvi-si
tie* part 'if thi- tuilroail.
’i lit* is a small •
tin* discretion of Llio
firus d.
Dunlap A Tnouiji*"!
H. PicAa li. W. F. Eiu'l
Fulls v*; Crawford. Iqiiity, from Fan
Judge Brown. lioiu>>t.,oi E>iiuty
Bi.ANn>)tni>, J. -1. Wh* r*- i-omplatn
r*-st*)l )iii a h)>m)-*t)-ul. win. h hud ls*-u
tio- oDlituay Im tor*- tin* *urv* v-r ii.oi
turn or sworn to thu sam*. the bill w
dismissed am demurrer. ( Vslekute*. J
Fromiaaory ooti-s. Altcrathii
o suit was brought *i
fore the
White ix*)-n*-d as pave.-,
were given for an engine,
title should remain in r*
the printed iiam** of C.
atrii-keri in this stijiulat!
i isertigl; that Whin- wa*
and as such hud sold the JPI
negotiable and in the hands of
tipnlated tlnii ,