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TIIE MACON WEEKLY TE2£(TrAPT!: TUESDAY, DECEMBER 8, 188A^TWELVFM’Ac55!
Com pi* lot, from
SUPHKMK COURT OK GKO 1U1I A.
PooEloiu IU*n<l*T«*<| Tuemlny, Dcci'mlicr
1K H.1.
Special K»-port by H-riry C. Peeples.
Taylor Field* vh. Ma Car ton, ctal. EJectmu
from Dout;li'Tty. Ju<l?;ui*-ut reversed.
VT.H. smith vs. O. H. Wellborn. Claim, fr
Houston- .1udgment affirmed.
W. 15- Phyeioc VH. J. L. She*
Bibb. Judgment affirmed.
Central Kalina 1 and banking Company va. J. E.
KuHHtdl. Cane, from Bibb. Judgment affirmed.
Robert Falkner vs. II. J. Behr, Complaint, from
Bibb. Judgment affirmed.
g. u. Jenuaon va. Southwestern Ilailroad Com
pany. Cane, from Bibb. Judgmont affirmed.
1 iVeraon Wd \*. W. l\ Cannon. Breach of war
ranty, from Bibb. Judgment reversed.
Central Railroad and Banking Co., vh. M. It. Prec-
man. Case, from Bibb. Judgmeut affirmed.
W. C. Licctte va. tho State. Receiving stolen
cood«. from Bibb. Judgment affirmed.
b Cha*. O’Baunon va. tho State. Larceny from the
- ”**-v Judgmeut affirmed.
, vh. Cubbedge, et al. Equity,
id tin
*•; Ibid .V..»ct aega.
bother the law bo *hst the bond wai V'Gd be-
;iven under duress, o.-not, still the, fact of
arean was a question for the jury; though us tho
bond was given under the order of the chancellor,
aa a condition of release, it la difficult to ace how
the question of duress can affect It.
(a) Whether or not a aurety could avail himself
the defence of duress upon tho principal obliger
the time of the execution of the bond, where tuo
duress was known to the surety at the time, is left
undetermined. Judgment reverHed.
Hordemau k Pavla, Guatln k Hall, for plaintiff;
M. Patterson, C. F. Lyon contra.
B. H. M.
from Uibb L
t affirmed.
E. C. Grannlss. Equity,
dgment affirmed
Georgia Bail road and Banking Co., vs. Cubbedge,
Hailelmrst A: Co. Complaint, from Bibb. Judg-
ment affirmed.
Davis k llatcher va. Central Railroad and Bank-
inii Company of Georgia, et al. Complaint, from
lbbb Judgment affirmed.
Singer Manufacturing Company v*. Lancaster, et
j Complaint,from Houston. Judgment affirmed.
H M. Allen vh. Napier, et ah executors. Eject
ment. from Bibb. Judgment affirmed.
Gibson vh. l’utterson. Non-suit, from Bibb. Judg
ment reversed. _
yields v*. Carlton et al. Ejectment, from Dough-
ertv Beforo D. A. Voson, Judge pro hoc vice, pre
hiding. Equity. Remainder. States. Admin
istrators and executors. Husband and wife.
Contract*. Improvements. Practice.
T.fiihOK, C. J.—1. Where by will of a testator an
rstate in remainder was left to certain of hia chil-
.itvn defendants in error, which estate covered tho
land in controversy and other lands, and the land
jti controversy had l)een conveyed by bond for
titles by testator during his life to one Meeds and
Hart of the purchase money remained duo after tes
tator's death. Moods being in possession, and the
wife of testator was his executrix, and
i, I8rt8 married ono King, who took
!,.it letters of administration, not cum
^amenta ona«o; and said King as
such administrator employed Bower, au attorney
It law to recover the property of the estate, agree-
T.,„ tn irive him half of what he recovered, and
to give him half of what he recoveredrand
Bower by contract with Meeds had a delivery of tho
und In controversy to thesaid administrator, and
0 # the notes to Meed* (as Mceda asy* an agreement
fnt tho cancellation of the trade, or as other testi
mony is that the lots should be sold by the admin
istrator. the notes paid ami any surplus to be paid
to Meeds); ami the administrator at public »alo sold
the Und to Bower; and Bower made a deed to one-
half to King and then hail King convey to hts wife
or relinquish title to her on hia ascertaining that
King individually had no interest; and Bower. King
mnd Mrs. King conveyed to Fields, the plaiutiffin er
ror, who went into iH,h«es»slon and made valuable
improvements. Held;
1 The right* of the testator were to enforce the
collection of the notes made by Meeds, or sue in
ejectment snd recover the Und*, when Meed* could
have tiled his equitable plea; and the legatees in
remainder could have no greater right Against
™While the leit* rs of a 1 ministration granted to
King were void, still on hia marriage with the exec*
utrix her letters abato-l and her husband had the
light to proceed with the administration of the
estate until it was otherwise provided for; he had
the right to mako the contract with Bower, and
when the land* wen; recovered under tbU contract
one-half interest |tIn rein went to Bower, by virtue
of the arraugement with Meed*; that arrangement
amounted to Meed* authorising King to Hell, or have
the land sold, and the fact that the sale was
K * ‘ip can make no difference, ao that the sale by
to Bower amounted In effect to a sale by
Meeds to Bower, a sale which though made by
King as administrator and not as representing the
executrix should not destroy all the equities of *n
innocent purchaser.'
While, therefore. Bower, who bought at the sale
and sold to Fields, acquired no strictly legal title,
yet he did acquire what actants ♦ > w perfect equity
to one-half of these lob* agaluat these plaintiffs, and
when ho conveyed to 1 ields be transmitted his
equity, and as Bower held under a sale made by
one Hubstantially Meeds’* agent. Fields la in privity
with Meeds, and tho fac ts make a successful de
fense for him to one-half of thU property.
2. Ah to tho other hair Bower had
no title legal or equitable; he paid the estate nothing
for it; be made a tie *1 to Mm. King virtually, but
he did nut rocover this Und for her except ror her
life.and this conveyance transmitted nothing to the
plaintiffs who held in remainder. Therefore his
deeds to Fields did not convey this other half, for
he turned It ell over to Mrs. King, and she was only
entitled to a life cm Lite and herconveyancc to Fields
Is only good to that extent
(a) W e cannot see that Fields has any right to set
off the improvements he put on the half of thees*
tate not his own In equity beyond setting them off
against tbeiueiiMo profits.
X The exclusion from the jury of the evidence
touching the h. ttlement with Meeds was error, as
wells* th* denial of a new trial on account of the
discovery of tho memorandum in writing of that
settlement. 51 Oa. KI and CO Oa. 804 cited and dU*
tingnlshed.
4. When the court i* requested to pnt hi* charge
in writing, all should be in writing, and an oral
submlsriiui of the issue* violates the rule; nor will
the caution to the jury not to regard what la orally
said if it conflicted with the written charge, dc
not euro the error. Judgment reversed.
R. P. Lyon*. D. II. Pope, for plaintiff; Smith
Jones, (Mi. W ooten, contra.
Smith v«. Wellborn. Claim. from Houston. Bo-
fore Judgo Simmons. Evidence. Claim. Fraud.
Notice. Practice, charge of the court.
Jackmos, C. J.—1. The verdict is sustained by
law and evidence.
•J. it u i* not« m>r to admit la evidence the re
cord of tho garnishment suit, to defeat recovery on
which U was alleged th« conveyance to claimant
was made by the garnishee, to show its beginning,
its duration and termination and thus fix notice on
the claimant.
J. Ah the fact that defendant In execution bail
stripped himself of alibis property to bis two son.
in order to ke,-n hi* creditor* from getting at It.
went to the very vital* of the ca»e. itwaa perfectly
competent to chow that part of the property had
been cuu»eved to a soil, other than claimant, and all
tbs circumstances attending the transaction with
him a* well as with the claimant.
4. There wan no • rrorln allowing counsel for the
principal debtor In the case in which Judgment was
Cad Sttalti - u. \ to participate to *xair u ‘
log »■» such debtor waa as much Inter
,-d in finding the property subject as pUintiff In
t X y Advn etTf counsel to client in regard to the
•ItM to take to ••••** ta immaterial, what coon*
M l oathe other Mi lo wild to tha Jury touching that
adv ice la not certiff-id and not considered.
C whflgi etoimant admits the possession of de-
fendant in execution, he cannot disprove that ad-
ml—>n>n. Un ugh he may cobtrovertthe effect sought
to 1m- riven it. An a*lmis«ion with reservation <
right t, disprove it amounts to no admission; but
aeted onauSoounssl get* theeoodoston thereun
der. it will lx held as a food admisHlon. fl» Ga.
MOt Royce k Co. et ah ve. Gasan. ThU terra.
7. Where the court has put the law touching the
fraujuUnt intent of lb. J't'udiat MIrud cl«riy.
and tl.« n i • * on to put the iv-uo of ndttoh thereof
to the claimant, ill* not err r 11 use th*£U> r **"*°B*
“Yun mcs it ia carried down to that point. ’ It inti*
"‘I 1 ' a“,'hi‘ ‘"tiislIf >d*f>n.l»n» In.iKnUonh^l,
nendiux iih.iUon. >«li Jj
ili.... him from invUu* Ibriretalmonjof
bln.. It..- .all would bo 'dd “ to .“ ,n ;
and If lb ■ rut- <■*»•* *• lb. Ume b. bouKhthad
naaoul b pnmnda b) in.i.i.1 Uial iU.li wa. Ui.
id.j.s t the w.!. would alaobo Told a» to auebpur-
Phy.iou r«. Kh.a. Complaint from Bibb. Before
Judge Branham. Conduct of Judge. Juries.
Master and servant.
Jacamow, O. J.—1. The re.nark to the Jury by the
■ udge, after they had been out all night, in regard
.o allowing them their meals only at their own ex*
peuae. was erroneous. Code 3947; 37 Ga. 195.
9, The verdict la not supported by the evidence.
Tho evidence sbowa that the employer would have
been justified in discharging the employe for
drunkenness and atber misconduct, and of that
discharge the employee would have no right to
complain and he cannot certainly complain at a
reprimand.
1ln JF did “ ot Permit the consideration
i u,,tifl caUon, they maybe amended. Judg-
ment affirmed.
B. U. Jemlaou for plaintiff; Gustln & Hall contra.
Falkner vs. Behr. Complaint, from Bibb. Before
Jugde Btmmoni. Charge of the court Charae
ter. Evidence.
Jacesok, C. J.—l. The evidence supports the ver
dict aud It in not contrary to law.
?’ ^ charge need not be lu the language request-
■ui)sinde° U0U ^^ ^ B t5n °f*i charge gives it in
♦»iS? le i U ? of . tUe , word » “l^lBve proof’ shows
thrt the judge simply meant affirmative proof aud
mnst have been so mideutood by tbe jury.
4. The general character of plaintiff was properly
brought in issue by himself tu the evidence, be
cause it was involved in the charge against him put
lu iiume by tho ploulinitH. ImlW vi. DuBote,
this term. Judgmeut affirmed.
W. Dessau, liill k Harris, for plaintiff; Harde
man k Whittle, L. N. Whittle, contra.
Jeinlaon vs. Southwestern Railroad Company.
Base, from Bibb. Before Judge Simmons. Evi
dence. Non-suit. Dogs. Damages.
Hall, J.-l. The facU show that the killing of the
dog could not have been avoided by the use of or
dinary care aud diligence on the part of the de
fendant aud a non-suit was properly awarded.
2. A dog Is not property except in a qualified and
restricted sense, and for certain purposes.
The owner may maintain trespass for its being
wantonly and maliciously killed, but he cannot
maintain case for its unintentional though negli-
S ent killing. Code 4402; 5781; 62UG; 3042; 3033; 10
Licli. L. It. 52.
(«) Dogs seem to have no market value and tho
rule of damages in the c*;«e of livestock killed by
running of trains could not bo applied to them. In
case of their wanton killing general or exemplary
damages could be given. Judgment affirmed.
B. H. Jemison, for plaintiff: Lyon It Gresham,
contra.
Lord v*. Cannon. Breach of warranty, from Bibb.
Before Judge Simmons. Courts. Jurisdiction.
Bankruptcy. Ejectment. Parties. Direction.
Hall, J.—1. Where both parties to a suit in the
United rUates Circuit Court were citizens of the
same Htate, if this had been tho only jurisdictional
fact set out lu the pleadings, they would have
shown upon their face that the court had no juris
diction, and if tbe controversy was one respecting
the title of land simply and without more than tbe
same result would have followed, uuless grants
thereto had emanated from different .States. Con
stitution United State*, article 3, section 3.
2. But where tho plaintiff in the snit to recover
certain land bad been adjudged a bankrupt and the
land in controversy was contained in the proper
schedule attached to hl§ petition and waa set apart
as au exemption to him under that proceeding, his
right to possess It arose directly under the consti
tution and laws of the United States, and the United
States Court had jurisdiction; and it is immaterial
as affects that Jurisdiction that it waa levied on by
. process Issuing from the Federal Court four days
previous to the adjudication upon the petition in
bankruptcy, and was sold by the marshal on the
2nd of March nearly a month after the adjudica
tion. and was purchased at that sale by defoudant
in error.
When the sale waa made the land was in the cus
tody and under the exclusive control of the United
States District Court. The question, therefore,
necessarily involved in the United States Court re
ferred to was whether tbe sale divested the
title of the bankrupt and conferred it on
the purchaser at said sale; and the
waa one arising solely and exclusively under pro
ceedings and judgments rendered by the courts of
the United States and rendered in pt-nuance of tbe
constitution and law* of that government. Con, U.
S. art 1, sec. H, par. 4; U. H. rev. stat. sec. 711; 71
Ga. 71. 7A. 77 and citations; 111 U. H. Rep. 538; 99 U.
8. Rep. 547; 5 Bawyer 39; 0 Wheat 878.
(a) Whether counsel be right or not in their posi
tion that the suit in the United Btates Court pro
ceeded on tbe title of the bankrupt aa it existed be
fore the adjudication, and waa not affected by the
fact that the land was exempted of the sale, that
waa tbe very point In controversy in the United
States Court and was decided against the defendant
in error, and he ia bound by it.
3. The defendant in error here was the warrantor
of the title of the defendant In that
plaintiff lu this case; be bad notice
‘ t0 K° furl)
meal worth *t» ra<-h. tho Batin- bn
.property of s. B. Jaque the samo having 1
oniously stolen, by some party unknov
stealing of - lid meat being from a railroad
ter said thief or thieve* had broken open t!
said car being on the side track of tbe Cent
road and Ranking Company of Georgia, he.
defendant, knowing said goods were etol
he bought or received them from said thief.
Held; 1. The indictment is sufficiently t _
a&d correct, iifffM ‘ho offense substantially in the
language of the code, Code 4(128.
2. Where tho principal thief Is unknow
furnishes a sufficient reason why ho car
taken and prosecuted to conviction. 4 Ga. t(
code 4488, 441-9.
3. A felonious takings* well as theft was distinct
ly charged by tho indictment against tho principal
| Imd b<
indebted tt
‘J. Tho r
motion for a :
and gront a n
also exprt ssl)
3. Records
ns in this cas
1iideal I of questions
ness and ret:
thev should c
uotbo I ratWe form.
’•5.473; | Tlwnuns Willingnam, for plaintiff in er-
or; M. G. Bayne and U. M. Holtzclaw,
ontra.
C nil jinny.
md power of a court, on
■v trial, to review its rulings
trial is inherent, and is
ranted. Code sec. 3718.
urald not bo encumbered,
with stenographic reports
eiuMtsel, answers of 5
•ks of court and coun
tain tbe evidi
Judgment alarmed
; in a mir
th* dnty of defendending it, employing counsel for
the purpose. Be was. to all intents snd purposes,
vouched as the warrantor of the title and called on
to defend that anit and whether he acted on the
notice or not he ia bound by tbe Judgment. 00 Ga.
124. 126.
4. We ere asked that, as if this case is decided
r ist the defendant and In favor of the jurlsdic*
of the circuit court oftbe United States, it will
cut defendant in error off from an appeal to tbe
Supreme Court of the United States, we give aucb
direction ae will enable him to avail himself of this
privilege, but we are not willing to do so, and can
not recognize such a rule of decision. Judgment
reversed.
J. W. Lindsay, Hardeman k Davis, for plaintiff;
Dcsron, Bartlett, contra.
Til. evidence ww mieh u Mthcrte th. eonrt
to pul Ufurr the Jttij I lie te«i* wU«th.r the whole
■LfrElrwiw n.1 end booeet or > ni.re .Umiudlo
MV Li them Ilut "if cUim.nlili.1 not I»y my
,.i P*M U>c Money width.
..-k—then it U no trule. H
'’'lO^TOechug**.. foil, eh-r widthere m no
t rr.ir tl tTrill JuJjnQSfiiiflfiBMJ•
II rson for plaintiff; Hill •*» Harris, Dun-
can & Miller. Hardeman k Davit contra.
Gibson vh. Putt* !■-• n. Non mi it, from Bibb.
fore Judge biiimiiH. I vld-!.•••. l*n sumption.
— iin«,i i»ivtTt-«-. Alimony. l>ure«s.
y. (Ja< k*" i. C. J. and Hall.
Jacksok, C. J.—l. The law in respect to checking
a train in passing a crossing applies to crossings on
a street in a city, as well as to country roads.
(<t) It is urged that the Htate has transferred to
the city the right to regulate the running of train*
of this road through lu streets, but it appear* that
the city has not exercised this right and the general
law must govern; though it ia doubtful whether
such a regulation, if adopted, would supersede the
general law.
2 The verdict waa sustained by evidence. Judg
ment affirmed.
Lyon k Gresham, for plaintiff; Gustin It Hall
contra.
Central Railroad and Banking Company vs. Free
man. Case, from Bibb. Before Judge Hutchins.
Railroads. Damages. Passenger*. Charge of the
court Negligence. Verdict
Hall, J.—l. The court committed no error in
stating the issues to the jury, when he Informed
them that the plaintiff claimed that the injuries re
ceived disabled him from performing bis ordinary
labor—this made one of tbe grounds of damage, if
not in the original at least in the amended declara
tion.
1 The chug, ciccpted to In the Mcond ground
of the motion u uliltd to uul qnUUted by tho far
ther charge of the court wu not ernmeoo* th.
auction of ncgilgrac being fairly and fully rab-
mitted to tho jury, and tb«y Inatructed that thay
only could find tola fact.
S. Tho Jiiwi'o did not aapcM. an opinion aa
to what had ben proven, and to my, tn
stating the Iranca, that a party "brine, evidence to
.bow," ia not an aOnnauon that It doaa .how tho
4. There waa no error tn etnUng that the defend
ant ae n common curler was bound to nee extraor
dinary diligence to transport passenger. aaf.ly mod
aawullae against the receiver, but if it had not be
charged in terms this would not have rendered the
indictment insufficient 4 Ga. 600, 673.
4. The indictment does allege a distinct offense
against the principal thief; ho ia charged with
breaking open and stealing from a railroad car.
and tills is felony. Acts of 1083. p, 133. Nor was it
material that this defendant should have boon
charged to have taken place in Bibb county, hts
offense though It results from, la. In this reipcot
distinct from that of the principal.
4. The evidenceeuataina the verdict Judgment
affirmed.
Lyon A Gresham, for. plaintiff: J. L. Hardeman,
solicitor-general, contra,
Allen vs. Napier, executors, etc. Ejectment
from Bibb. Beforo Judge SimmonB.
Possession, Bond for titles.
Bi.andfoiid, J.—The possession of de
fendant in the court below was not adverse,
ns it was not in his own right. At best he
held under bond for titles, with the purchase
money unpaid, and had purchased the land
belonging to an estate from some of the ex
ecutors as individuals, afterwards acknowl-
iug the title of the executors as executors,
and offering to rent the land from them.
Judgment affirmed.
It. W. Stubbs, W. H. Wytiy, for plaintiff;
II. F. Strohecker, by W. JJcssau, contra.
Georgia Bailrood and Banking Company vs.
Cubbedge, Hazlehurst & Co. Complaint,
from Bibb. Before Judge Simmons.
Bankruptcy. Discharge. Fiduciary debt.
Fraud. Embezzlement.
Blandfobo, J. — 1. Where certain
securities wore deposited with de
fendants to be disposed of and their
proceeds accounted for to plaintiffs, and
after tho same had been sold, but before
the proceeds were accounted for, tho de
fendants were adjudicated bankrupts and
afterwards finally discharged. Held, the
debt was not a fiduciary one in the sense of
the bankrupt law, and the discharge re
leased defendants therefrom. Ill U. S.
Bep. 070; ‘J llow. 202; 1)8 U. S. 704; 09 U.
S. 1; 114 TJ. S. 555.
2. No positive fraud or intentional
wrong on the part of the defendants was
shown, and without this there is no em
bezzlement or larceny after trust. 50 Go.
210. Judgment affirmed.
Hill k Harris, for plaintiffs; Lanier k
Anderson, contra.
Harvey, trustee, vs. Cubbedge et. al.
Equity, from Bibb. Before Judge Sim
mons. Trust estates. Minors. Vaca
tion. Chancellor. Corporations. Assign
ment.
Blaxdfobd, J.—1. Under tho net of 1854,
code 4221, 2, 3 and J, and before the act of
1876, when application was made to a
chancellor at chambers for leave to encum
ber trust property, it was not necessary to
serve infant ctntuia que Imalent with tho
petition or bill, but guardians ad lUein
could be appointed for them without such
service. 66 Ga. 647; 68 Ga. 493.
2. This decree can ho sustained upon the
grouud that the debt incurred was for
money advanced for tho benefit of the
trust estate, oven if the order were void.
33 Ga. 232; 7 Ga. 70.
3. Tho deed of assignment having been
made while the coijioration was alive, it
passed title to the assignees for the benefit
of creditors of the corporation.
Debtors of the corporation could not at
tack it. 87 Ga. 611; 30 Ga. 580; code 1688,
1699. Judgment affirmed.
Lyon k Gresham for plaintiff; Lamar k
Anderson, Hill k Harris contra.
II. M. Comer vs. E. C. Grannies. Equity,
from Bibb. Beforo Judge Simmons.
Fraud, confidence and concealment
Blaxdfobd, J.—l. Complainant through
an agent bought of defendimt certain shares
of corporate stock. He alleges in his hill
that defendant fraudulently concealed from
bis agent the real value of said atock, know
ing that the agent was ignorant thereof and
rejKMted confidence in him.
The facts Tail to show aetnal or construc
tive fraud in defendant; no artifice
is shown to have been practiced
by him whereby agent of complainant
was deceived; ho was guilty of no act of
omission or commission contranr to legal or
eqnitable duty, trust or confidence justly
reposed, which was contrary to good con
science nnd operated to the injury of com
plainant; defendant suppressed no fact ma
terial to be known or which bo was under
obligation to communicate; thero were no
confidential relations between the parties,
and no particular circumstances in this cose
requiring defendant to intorm complain
ant's agent as to the values of this stock, so
as to bring defendant within provisions of
c. 3175 of the code.
2. What the agent was ignorant of, his
principal, the complainant, well knew, and
if ha failed to communicate his knowledge
to the agent, he is guilty of such negligence
and wont of diligence as s court of equity
will not relieve him from. Code, section
3,126.
3. Ignorance of a fact known to tho oppo
site party will not justify the interference
of a court of equity, if there has been no
misplaced confidence, nor misrepresenta
tion, nor other fraudulent set. Code, sec
tion 3,126. J udgment affirmed.
Jackson, C. J.. not presiding.
II. B. Tompkins, Bacon k ltntherford for
plaintiff in error; R. F. Lyon, contra.
Davis & Hatcher vs. Central Ilailroad and
Banking Company et al. Complaint,
from Bibb. Before Judge Simmons.
Practice.
Blaxdfobd, J.- -L Where in a euit against
two railroads for the hilling of a bull on tho
track of one by the cars of tho other, it was
shown that tho servants of the latter used
ail ordinary and reasonable c
and diligence to prevent the
jury, when the court required tho
plaintiffs, over their objection, to
tied which road they would proceed against,
and discontinued the case as to the other.
Held, that while tho defendants may have
been properly joined in this action, the di
rection given by the court, in no manner
hurt the plaintiffs, they having elected to
proceed against the road by tho cars of
which tho injury waa done, and tho jury
having found for that defendant. If that
road was not liable, the other could not be.
2. After tho nrgument had beon
begun; plaintiff offered to recall Davie, who
was one of plaintiffs and hail testified in
the case, to prove how the train was being
run at timoof injury, counsel stating he did
not know of fact till then; defendant ob
jected because his witnesses had been dis
charged. This objection was properly sus
tained.
3. The failure of defendant to introduce
the fireman, who was present at the trial,
docs not farnish a good ground for new-
trial. Absence of the fireman might have au
thorized an inference against tbe defend
ant; failure to introduce him, he being
present, did not authorize such inference.
He was open to the plaintiffs. Judgment
affirmed.
Hiil k Harris, Felton k Baxter for plain
tiffs; Hnrdeman & Davis, J. B. Gumming,
Lyon k Gresham, contra.
TIIE SON OF DEATH.
to protect than from injonr, and that when a
altjr occurred it would anthortaeaninfMraeatbat
OSD. J.—1.
it wu occasioned by the defendant's negll*»nee.
ss.fs.'ys;
Licit. U., 7(77
6. Tho court did not (to ootalde of the
by the pleadinca in chuiinf that it wu the duty of
M it »i t\ and eiiretr (Jacke*»d, C. J. and Han, i defendant to provide a safe track, comfortable can,
a, J
i-t. w.,rt i n .'. ■ fendant for the naeof defecllie machinery In the
running and on of ita road. cars, etc., wu clearly
pointed out in the charae.
7. Venue sad general exceptions make no it
of law that emn be paaeed upon by thla eoort.
s. The verdict of the Jury orera every
made by the pleading. Coda 366*; M Oa. 6s»-,
3661; 70 Ga. lot, 417.
ml W here several plau art ated and a verdict for
defendant it ehonld specify on what plee 1 tie hated,
but the verdict being for plaintiff the presumption
te the Jury intended to iud against all the plena
The charge at lbs court on the question of set-
tb neat, rte..wu full, clear and eipltciL He did
not Instruct the Jury that they ehonld And eepante-
ly u to the different kinds off iterae going tn make
up the damages claimed by pUintitf, and II ha had
dona pn we think he would have committed error.
to. The verdict was eunported by law end evt-
.1. nee. Judgment aOnncJ. Jackeeu C. J. eon*
' lo.iTon-'iam. A. B.Lawton fcr plaintiff; liill
A Hem-. Daeon k Batnerfnrd contra.
Lteette t». tbe State Bee-riling stolen p>o<U. from
Bibb, before Judge Himmona. Criminal law.
re recital of the bond, enc.1
II i ,i i„ .... that the arr. -t (t-* relieve from
h the I- ml given). »»« m ote on nhUlewte
LU appealing that it wu made by virtue of the
r of toe chaneeUoc. whs net even pr.'ne^o'*-
■nee that it wav illegal.
e presumption In favor of the proper conduct
oirt- and lu.li* iel < oilcere acting within their le-
n.. -i I ore (i off*... i, in JTAt}.operates in fetor
,,!.. ...lity of that pro Miglnff, and, If not eon-
,,'Tftri urtolmiy cast upon the defendant
innl. n ut showing that It wu HI«AH
SSStns shown to Ikte cue Oat the hunt
I for elti
tiling th<
tiancellor, on
-rtainty had
..cd for com-
O Bancon vs. the Htate. Larceny from the
house, from Bibb. Before Judge Him
uoijh. Intent, lteception of verdict.
Blaxdfobd, J.—Ilia not error for the
court to say, in reply to inquiries from tho
jury, “The only question ia whether he
took it with the intention to appropriate it
to hia own use, or whether she (tbe owmer)
consented to Us taking it H he took it
privately, witbont her knowledge or con
sent, then it would be larceny; if sho gave
it to him, or agreed for him to use it, then
it wonld not do larceny.” Nor wonlil it
have been error, had the
coart instructed the jury
that “if the accused took the nng witbont
the knowledge and consent of the owner
and afterwards appropriated tho name to
his own tuc, then he waa guilty of larceny,
as the jury would have been authorixed to
infer that he took tho ring with intent to
steal the same.”
It wu not error to receive the verdict
when the prisoner's counsel waa absent, the
prisoner being present. Judgment affirmed.
B II. Jemisi 11 for plaintiff in error; J. L.
Hardeman, solicitor-general, contra.
Sing, r Manufacturing Company vs. Lan-
<1 - ter c t itl. Complaint, from Houston.
B fora Judge Simmons.
Blabdiosii, J.—Where in a suit on an
obligation trader sent each defend..tit
pleaded » - ■ fartn ... it was err. r for
the court to instruct tho jury as follows:
“I Ut .ill the M I. If. ' Olid ». If •;..
that whether Mr. Lttne.i-.nr, Sr, nr Mr.
Davidson signed that paper nr whether
either on,- of them did; if you
find that either on nf them did,
Tile Cute Trick bn l'layed on Ills • Ghastly
Father.
Now York Times,
Thoro is a quaint Northern legend which
tells of a certain prominent lad—presum.
ably a young doctor—whom death himself
adopted as his own son, and instructed,
strange to say, in vorionH secrets of medi
cine, which inndo him the wonde* of the
professsion. With those valuable teach
ings, however, the proprietor of the scythe
and hoar glass coupled a grim caution.
' ’When you see me standing at the font of
a patient's bed," said he, “yon will know
that ho may possibly recover, end then yon
can proceed to apply your remedies
without fear. Bnt if ever you sco
me standing at the head of tho bed it
is a sign that the sick person is doomed
to die, and then yoa must not
f tresumo to interfere between me and my
awful prey.” For some time the yonng
physician prospered exceedingly, and con
formed so strictly to his adopted father's
rules as to call forth the skeleton monarch's
ooldest and heart!eol t|wffihillfle., Bnt at
length, in an ovil hour, he was called in by
a wealthy merchant whose case had been
given over ns hopeless by several doctors of
note. Our hero entered tho sick room with
his usual confidence, but his heart instantly
sank into his pocket—where, indeed, it was
generally to be found—as he saw, erect at
tho head of tho conch. Death himself in
all his tenon, holding np his akelstoo fors-
finger in gloomy warning. " 'Hdcath 1”
muttered tho good physician with invol
untnry appropriateness, “this is a bad busi
ness. The sick merchant hearing this dis
coaraging verdict, frantically implored him
not to give np the cose, offering him half his
fortune in the event of succees, and what
was quite as much to the purpose, the hand
of hts daughter, a very pretty girl of 19,
whose appearance had already attracted onr
inflammable doctor as she glided in and ont
of the sick-room. Thereupon the ingeni
one youth, struck with a bright idea, sud
denly whisked the bed round so os to
leave Death standing at its foot, and then,
promptly applying his remedies, saved tho
patient.
lly the Way.
Whene'er a man an office sacks.
Ue'a oft compelled to roam;
But when an office Make a man.
U always finds him home.
—New York Journal.
■Oh, straighten the toes of my buried
leg," ia the title of a popular song in Ana
trulin.—New York Tribnno.
The short-hair craze among women is
subsiding a great ileal fnster than tho hair
will grow ont.—Lowell Citizen.
An English magazine asks: “Why lias art
declined.''' Perhaps art has never been
properly invited.—New York Graphic.
The season is almost hero for reprinting
tho poem on “The Beautiful Know. Now
is the time to get np clubs.—Lowell Citi
zcn.
“You must do your work well,” said
hotel keeper to the cook, “for the repu
tation of this house is at steak.”—Lynn
Item.
“Why, it's the most strengthening food
you can eat " “Precisely, but I don’t want
to be tied to the steak all the time.”—Boston
Budget.
“Uncle Tom’a Cabin” companies are
headed this way. The fall season always
brings sorrow to sotnbody.—St Albans
Messenger.
What a merry spectacle tbe spoils bnll
will present when it has fiercely fixed its
horns against the cow-catcher of the reform
express!—Philadelphia Times.
An Ohio man was fatally poisoned by
eating mbit pic. It must be that there has
been a deal of rabbit pie put in national
politics of lute.—New (means Picayune.
A young man tried to overtake a car
block away with something less than
dozen lengths of stovepipe in hia hands
The car won by six length*.—Burlington
Free Press.
Yon have to call (or a sukerhei tstnndstickor
in Hweden when you want n match. Ustt
ally it ia daylight before you get through,
and yon don't need one. The Sweden arc
very economical people. —Somerville (Mass.)
Journal.
A Nebraska girl who waa helping he
mother on wash day liecame suddenly fa-
tigued and went into a comatoac state,
from which ahe has not arisen in three
weeks. This ia a powerful argument
against young women having anything to
do with wash tuba.—Roche .ter Post-E
medium not forgetting to collect $1 from
etteh person in attendance. Qnite a number
,j; j of citizens have 1« eu worktd up to a high
pitch, si veral being on thevergeof insanity
over tho adroit munn- r in which he brought
tlm so-called spirits o£ their departed
•itd,. Several skeptical young men at-
nded the s.-anasa Saturday night with the
termination of exposing what they con-
1 a palpable fmnd. Aeccrdingly
one of them managed to secure
seat neat tho cabinet from
hich the spirits materialized. The
clothing of the medium waa sewed securely
a choir in tho cabinet, the circle funned
d the lights turned down. .Soon the
spirit of the father of ono of tho company
is materiazed and reached out to shake
nntls with ltis son, wlteu the young man
nr tho cabinet grappled w itli rite messen
ger from tho other world and threw him to
the floor. Tho believers immediately burled
themselvcB niton the daring young man,
upon which the other skeptics took a hand
in the affair, and for a while pandemonium
reigned, with tho spirit believers and un
believers rolling on the floor of the dimly-
lighted room. The lights were at length
turned np, when, to tho amazement of the
believing circle, tho materialized spirit
3roved to be tho nted 1mm in an exceeding-
airy nttirs, w hile the clothing out of
which I10 had slipped remained sewed to
the coir.
Tho indignation was great among the
Spiritualists, as well as others, and tor and
feathers were strongly talked of for a time;
bnt Anally cooler judgment prevailed, and
a warrant was sworn ont for Wyman’s ar
rest for obtaining money nnder false pro
tenses. A hearing waa Lad before Justice
Baird, Wyman pleading gnilty, nnd in do-
fault of bail ho was remanded to theconnty
all to await tho action of tho grand jury.
tVyman is ono of the most noted mediums
the West, being tho chief medium nt tho
recent Iowa State Spiritualist camp-meeting
in Clinton, and coming to this place from
Evanston anil Chicago, where he has been
holding Bnccessfol Bennces.
JUMBO ON IUS I'Kl.T AGAIN.
'osed as in Life, 'With Honrs of Iron, Ribs
of llasswood nml Mild Glass Kyes.
Rochester, N. Y., special to the N. Y. World.
The World correspondent visited the
museum of Professor Henry A. Ward, tho
scientist who is perpAring the skeleton of
the mammoth elephant Jumbo, and is also
making a model of the animal, the largest
work of the kind ever attempted in this
country. Tho model will not be finished
Aiitil next spring, although it was at first
calculated to havo it completed in two
months. At tho present stage of
tho work Jumbo looks like an
elephant mado of lath, although
tho shape of tlio body, head and limbs
is remarkably perfect Tlio animal stands
on a frame of heavy oak timbers bolted to
gether, in a position as natural ns in life.
Two iron rods, each of two-inch solid
metal, run through each limb np into tho
the body, where the framework or the great
bleast is constructed. This framework is
composed of more iron rods and oak tim
bers, bolted together in the strongest possi
ble manner. Tho rods and framework ex
tend into the head and upper part of the
trunk, tho rods really taking tho place of
bones. Upon the framework is nailed inch*
square strips of basswood.
The general shape of tho nnimnl depends
largely upon tho manner in which these
strips nro placed and tho different lengths
they nro cut to. Although nt first gl
tho elephant nppears to ho mode of lath, a
close examination reveals the really artistic
work which has been done in shaping it,
nnd tho wonderfully strange way in which
tho parts havo been made. Tbe hide is in
two pieces, and it will require much stretch
ing to place it over tho model, although that
is as near Jumbo’s original size and hhnno
us it is possible to mnke it. The tusks will
bo of ivory, screwed on iron rods project
ing from tho head. Tho eyes will be of
glaKs blown especially for tbo purpose.
They will bo tho natural Hize nnd color.
The building for constructing the model
had to be erected expressly for tlio purpose.
On tho ton of tho skull is a cavity over two
feet in width and in some places nearly «ix
inches in depth. This wn . the wound, if it
can be called such, which was inflicted
when tho locomotive struck the great beast.
Tbo lower jaw and other fragments of tho
skull will be united to this portion when
the skeleton is mounted. In a building
near by the bones of the skeleton are placet!
ready to be united.
DISFIGURING
H!()fch(‘s.Humiliating Eruptions,
Itobin^ Tortures and Loath
some Soros Cured by
Cutfeura.
.-I llfclf
i*•<*. and
ALEXANDER REACH.
are tho hot blood i
lured. I refer to drugjii”
D. C. Monte'inory, 1 "tli
Smith, of Lako Loo, Minn
Greenville. mIhe.
A Terrible Skin IMsotvse.
I have tried for eleven yean to have my wi
ired ofaterribh skin dta-aso. TheCuticnra Itai
1.' ' « III I'll.- 1,1.. 11. 'A' I !• . I pui lilt
terually. and Cuth uni, the :it nki» < are. ai
Cotlcur* Bonp. an exquisite -1 mi Drautificr. * \U
nally) havo done in hix wi elts wLr* 1 ha\e tried f
eleven years to have done. You shall have tho vn
ticulara as soon as I can rfre them to you. ami \
■ ■I! ’-vr...\ i '. ' ,! | .ii: « . t’ < .•,.!» • v
benefit you a
MaysviUe.
1 the r
odics will .
Tetter Finally Cared.
Having m»ed your Cutlcura Remedies for <
iRhlec
to get It to sell on commission.
It beyond any remedJort I hm\n evc» U'o *etter.
burns, cuts, etc. In fact, it la the best modlriuo I
have ever trlod for anything. R. B. HORTON.
Myrtle. Miss.
Cutlcura Remedies are a positive cure for every
form of akin and blood disease-*, from pimples to
scrofula. .'Sold everywhere. Price: Outicurn, 60
cents; Resolvent, $1.00; Soap, 25 cents. Prepared
by the Potter Drug aud Chemical ('o.. Iiosh i, (ass.
Send for “How to Cure Skin l>i « T( \
HUTT'nQ Pimples, Red, Rough, Chapped and
VJIlUDOi oily Hkin, use Cutlcura Soap.
I I; I -1 W IN*. M \< 11!M IS I Hi: *’(t.i‘44*
, of Uterine Pains and Weakness. Por
' ~ ' r I l .. ... Kidm y Pains,
Hctatica, Chest Pains, WcaknesH and
^Inflammation, tho Cutlcura Anti-Paiu
rl* infallible. 2-V\
SUFFERING
WOMEN.
Bend AVlint tbe Grout Methodist
Divine nml Eminent IMiy-
clan Says ot
DB. J, BitADFI ELD’S
Female Regulator!
ATLANTA, OA., 1 * binary 2t. 1RH4.
Dr. J. Dradfleld— Dear Sir: Some fifteen years
i I • ■.tli:i*'* Itl.* r< . i; • t l I t in tl. II. ml.itor,anti
■ .in Lilly sIm.J.i I .tilth..nil.t in x . ;•’■) t.. ,1-. « om
nonentat and then, as well a« now. prom uoccd itt<»
be the must scientific and skillful (omhinathm of
th. r. .lie n lu).!.- r. iu. dial v.-p-tuble ag.-nb. known
to n<l u. •’ t<» a«-t directly on th*- womb und uterine
organs, and tho organs and parts Hympathi/.ing d»-
r* tl\ with th. -«• part*; and, therefore, providing
a np. t-lflc remedy for all di- a-cm of the womb, and
of the n ijacciit organ* and parts. Your* truly.
JESSE BOR1NO, M. 1>.. I>. 1>.
C^TJTIO^r.
Tho country la flooded w ith quack nostrums eon
taining IRON and other injurious Inpredienle
which claim to euro every thing—even Female Com
plaints. Wo nay to vou, If you value your life, bt -
Bradfield’s Female Regulator !
la * purely vegetable compound, and in only in
tended for the FEMALE SEX. Fur their pci ulnar
tl < .t it i* an ali-ohm
SPECIF EC.
Short llair In Washington*
Washington Letter.
Tbe short hair craze has struck ‘Washing
ton, anil remiHvlvania avenue of a bright
afternoon is filled with the daughters ol
noted men who walk along the nidewalk
dressed in sealskin cloaks, fine dn sse* nnd
nobby hats, under which the hair, cut like
that of a boy, shown forth. Some look
better for the change; others are made hor
rible by it. A pretty girl looks well with
short hair, and her* plmnp, rosy cheeks,
round, fall, soft white neck and jauntily
poised head on a pair of good straight
shoulders are brought into the more strik
ing contrast by the rakish cat of to-day.
The thin, scrawny, scraggy-necked girl,
however, looks thinner scrawnier, scrag
gier than ever, and the ualr daughter* of
some of the Benatorn and Representatives
attracted leas attention nnd appeared to
much better advantage under the old cnt.
Fashion rules Washington, and beforo the
the setKon is over thero will l>o a lot of
natural hair switches for sale cheap.
Tie MbM Ik
M ONEY!
A dollar saved i
made, becanso you
* equal to two d-ilium
don’t have to w ork for it.
B. Small,
with largely incremu d facilities foi doing
business oners himself to the rnerchnutH
and planters us a mediun through which
to make their purchases.
I la eon & Ha He Meats!
HIDES, 8H0ULDHB8 AND HAMS,
CORN.
MEAL,
SEED OATS.
HAY,
BRAN,
FLOUR,
TOBACCO.
CIO A US,
and i vi rything E jit
and Provision Store.
SnuccH for tin* ClirUtums Piitldimr.
Ladies’ Home Journal.
One and one-half enps of sugar, three-1
fourths cup of batter (light brown sugar is
best), rubbed together until they are u very |
light foam, then stir in three tempoonfuw
ot ilour and a little viregar; stir into u pint
of boiling water nml let it just come to a
boil, then grate on nutmeg and *• rve hot.
One cup sugar, 1 tablespoonful butter, 1
tabhspoonful of ilour, l coffee cup boiling
water. Stir sugar, butter and ilour together,
then pour on the boiling water, nml let it
cook until it thickens, stirring to keep from
I burniug. Flavor aft* r removing from fire.
More butter added will make richer nanci*. | f or or on time at
One-half cup augur, \ cup butt r or !• -s 1 pj s Nit re* r Cultivator
1 egg. Flavoring, lemon or vanilla; table-1
spoon of lloar; beat nil together. Pour on
boiling water just befi
ding, ’ ‘ “
most
COFFEE, SALT, HICK, LARD
SOLUBLE PACIFIC GUANO,
ACID PHOSPHATES AND K YINIT
ou • t u-'ur; in.u an logeu.* r. louron |
Iin : wat. l*jtmt bt f--re h*mng the pud- A I O 1 ~1
g, and Mi.- tl. r< G hly. I.\.«lhnt, al- \ I \ 1 1 ) } 1 I I
st equal t*» a •M.-tard. ' -LA.. kJli lCUl-lj
r£X-
preoa.
In a recent novel we discover the gentl
manly villain at on** moment “lazily puflir
it- r:n .ii i*i| : l it in ’. t < • i -
mg," on thu ii tt p i;.- %\* mld nlw find
j him “throwing away the end of his * igar,”
and a few lin* s forther on li* is “lazily puff-
mi' .it hi- ft; ir* tts-aud Mulling \Mtli ;i supe
rior air." Perh&i s it will not be ncc« s«ary
I to inform our readers that the novel was
; written bv .i Aoiuaii. Lowell <'iti/ui.
Dbikd potatoes ore being prepared in im
mense quantities for the seamen of the
German fleet. Jack Tar, the world over,
would und them a pleasing variation in the
traditional diet of salt pork and hard tack.
Hi nnd 113 Third Mr.* t,
. GKOBCilA.
novsBwom
MONEY LOANED
Nervous, Debllitat«-«l Men.
Yoa »'••• uE< >1 a fn • tri-1 of t! . Gvt of tho On In.; roved Farms ami CUy Projeuy. For r.-rma
u*e of Dr. Dye’s CelebnU d Voltaic li* It vi Uh star-
tri. - 1-;. in..-ry aj \ n. . h. r . tho rj« • Jy rt lu f and apply to
1* rn.Aif hi <• ■ t i • • : t L-s ,.f vimlity
te R. F. LAWTON, Banker,
Hoeoud Htreet, Macon, Oa.f
belt Co. Marvhali Mich.
tjfOtalsC !'■ rha|te