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THE MACON WEEKLY TELEGRAPH: TUESDAY, .JANUARY 12, 18SG.—TWELVE PAGES.
SUPREME COURT OF GEORGIA.
Decisions Rendered Tuecday, January 5,
1880.
Bpoclal Report by Henry C. Peeples.
Mayor, and conncil ofMncon, vs. Peter Har-
ns. Equity, irom bibb. Before Judge Sim
mon*. Practice. Issues of fact Rec
ord. Ne*« trial. Brief of evidence.
Witness. Evidence. Verdict Decree.
Jack SON, C. J.—1. On the trial of a case
bv issues of fact miule np for the jury, it is
necessary that the judge propound only
such broad questions and put such maiu
issues as will enable him from the tmzwero
there to, tire admitted or uncontested facts,
the pleadings and the principles of law und
eamtv to decred on the entire case. Cole-
r.i*ais,‘sheriff, et al. vs. Slade ft Ethridge, de
cided to-day.
2. While there is conflict there is enough
evidence to sustain the finding of the jury
on all the issues made.
3. How the projection of the porch of
plainliff in error upon the sidewalk could
be set off to damages for illegal running of
a railway car and engine Jon tho street or
what relevancy it could have to the measure
of damages for tho damage to his house and
lot by the ruuning of steam cars on the
street, we cannot see. Therefore, we con
see no error in refusing the request to
charge complained of in the thirteenth
ground of the motion for new trial.
4. Where the general charge covers a
point so far as is necessary t j enlighten the
jury and elucidate the issues mode, it is not
error to refuse to give a request to charge
containing more elaborate and minute spec
ification.
5. We are ignorant of any law which allows
the questions and answers of witnesses as
token down by the stenographer on the trial
to be brought here, or tiled of record on a
motion for a new trial, or otherwise made
record. It is a brief of the oral testimony
that may be made record on motions for u
new trial, and not the stenographic report
of questions aud answers and remarks of
counsel and the court on tho examination
of witnesses. We cauuut, theieiore, verify
a ground of amotion for new trial, for
which tlie judge below refers to tho record,
by looking to an illegal record fora verities
tion which the judge ought to moke on the
motion for a new trial, or decline to verify
on the same motion.
0. If n man’s projierty be damaged by an
illegal act of another, the president of that
other, an artificial person, cannot for the
right to recover or mitigate the damage by
an otter to buy out the injured person.
7. The judge below should either verify
or refuse to verify a ground of a motion for
new trial. It is his recollection which
should govern and not that of counsel on
one side or the other of a case.
8. When the court, among other issues,
submits one to the jury by which counsel
are surprised and which they have not
argued, they can not be heard to complain
of it when they mako no request for oppor
tunity to argue it
(a) Besides, counsel ought to know the
prominent issues which must arise in the
case, and discuss them, and the court is
hardly bound to reveal them by the law
until the charge.
1). The question as to whether a case
should be re-opened for the examination of
another witness, must be largely in the dis
cretion of the judge below, and we do not
think that discretion wus abused in this
case. Besides the evidence sought was
merely cumulative.
10. There is some evidence to sustain
tho finding that the road in question was
built mainly for the Bibb Manufacturing
Company, and we will not interfere with it.
11. Under the liberal rulo of law for the
construing of verdicts, and considering that
the judge may examine the entire plead
ings, the admissions in the answer, all un
disputed facts and bring all before him to
make a final decree, we hold that the ver
dict in thin ease is sufficient and not con
flicting, in the answers to question* put, to
tho extent tunt it may not Vj construed to
make a consistent narration of the true
facts nt issue, and enable the court to ad-
judiea e the cause and make an intelligent
and legal decree.
12. The pleadings and verdict authorized
a money decree for damages against the
mayor and council of Mucou. The city au
thorized, for an annual stipend, the damage
to be done, if the road was run improperly
and ultra vires. Not a foot of it could nave
been built and fire engines worked thereon
but by her leave. Of course sho moy re
cover from her guarantor ugaiust loss, but
that does not relieve her from liability to
plaintiff below. Besides we hold, when the
case a as here on demurrer, that the city
was part and parcel of the combination, ana
, each and all are liable.
13. There was no error in not entering a
decree against persons who were defendants
but in no wise actors in the matters in
volved, except as officers or ‘members o!
two of the corporations, or vendor of the
charter of ono of them, and therefore not
anch actors as required a decree for damages
against them.
14. If the railroad in front of plaintiff's
property is there a standing came of dam
age, and put there by a sham contrivance
for private ends, it ought to be removed,
and all interested therein should he decreed
to remove it-
If the individual respondent* are not in
terested in its continuance, and did not, os
individuals take part in organizing and
scheming to work the sham and operute the
road, then it i* right to omit or except them
in tbe decree.
But they are not in the decree; “said
defendants,” refers to the three corpora
tion*, not to thorn. Itjis enough that it
operates on the city, the Manufacturing
Company and the Street Car Com puny; they
will remove it, and that is all that is neces
sary.
15. The grant of perpetual injunction
under tho verdict was properly made in the
decne. It operates on the road ns it now
stunds, and under the finding of the jury
aud the approval thereof by the presiding
judge, it ought to operate forever. Judg
ment affirmed.
Hill ft Harris, Hsrdemsa ft Davis tor
Plaintiff; C. L. Bartlett, L. N. Whittle,
G us tin & Hull contra.
Bugg vs. Russell. Equity, from Richmond.
Before Judge Roney. Debtor and creditor.
Deed. Usury. Homestead. Purchase
money. Equity.
Jackson, C. J.—1. A certain balance of
purchase money for land was due by. F. to
C. and was paid by B., who directed the
title mode to B. A Co. to secure a debt to
them for merchandise. In order to get title
ont of them into himself, B. borrowed
twelve hundred dollars from R. and applied
$1,126 of this borrowed money to the
pajment of the debt B. owed to
11. A Co., who then made a deed to
B., who made it to It. to secure him tor
the money thus paid to B. A Co. The rate
of interest paid for this money to B. waa
twelve per cent, and hence tlie deed from
B. to R. waa void as title, or an to equitable
mortgage to pay an ordinary debt.
Held: 1. Ucannot successfully set up a
homestead right in the land as against bis
debt due to R. That debits for purchase
money of the land by tbe use of which
alone ^ could have got title to it, and with
out which he could have had no homestead
right to it 63 Oa. 32, and 66 Ga. 5*4,
cited and distinguished. Judgment af
firmed.
Harper A Bra, for plaintiff; Foster &
Itfsmar, Tutt A Lockhart contra.
Donfortk vs. the State. Murder, from Bibb.
Before Judge Simmons. Pleading. Re
turn of indictment Jury. Insanity.
Degree of proof. Criminal law.
Hall, J.—1. A plea alleging that the
indictment on which the prisoner was about
to be arraigned, was never returned into
court by the grand jury, but was brought
in by theii bailiff And handed to the clerk,
and that he thereafter entered it on the
minutes of tho court, ut which time none
of tho grand jurors were present, and that
these several facto eppearmi from the min
utes of tbe court, and praying that tho in
dictment be, for thi» reason quashed, was
properly stricken on demarrer. Davis vs.
the State, this term.
fa) The plea does not allege that the
bailiff making tbe return was not tbe dal;
qualified officer of the grand jury, sworn in
accordance with law, code 3916, or that the
indictment was tampered with, oi altered
in any respect, or that in conseqner.ee
thereof the accused suffered injury or det
riment, Under the law and practice in this
State such a plea is bod.
(b) Evils of the old method of swearing
witnesses to be heard before the grand jury,
aud of the return of the indictments by
that body pointed out, afid the history of
and reason for the growth of the present
practice discussed. Code 3918; Crown cir
cuit assistant, 1 Amcr. ed. p. 485.
2. The court did not err in instructing
the jury that, although they were judges of
the law as well as the facts under the con
stitution And laws of the State they should
tako the law from the court, as it was re
sponsible for its correct exposition.
Although two members of the present
bench are of the opinion that this view of
the law is not a correct one, yet it is now
the settled rule by unanimous opinion of
tbi« court, not reviewed and overruled.
Ridenkour vs. the State, this term, code
217.
3. It was right to strike the special plea
admitting that defendant committed the
homicide, but denying his liability under
the law to answer to the charge of murder
because of his insanity at the time the
deed was done.
(a) This defense should be made under
tho plea of not guilty.
(b) The code, section 4673,4299, provides
for special pleas of insanity in cases of
mental derangemtnt existing at the time of
tho trial, and in no case can this special de
fense be put in without an averment of the
existence of this diseased condition of the
mind at that time. 38 Ga. 491, 507, 508.
(r) The propriety of legislative provision
for the detention and disposal of prisoners
acquitted on the ground of insanity at th
commission of the offense suggested, and
the state of the law in England and other
States considered. Code 649; 1 Chitty’s
Cr. Law 761, 762; 39 and 40 of Ga. 3 c. 94
4. A request to charge that the prisoner's
sanity must bo shown by the same amount
of proof that is required to establish guilt
in all other cases, that is to the exclusion of
all reasonable doubt, wus properly re
fused.
(a) The rale is that, iu criminal ns well as
in civil cases, insanity should be estab
lished by a preponderance of testimony.
Wharton’s Cr. Ev. See. 336, 340 and cases
cited; 56 Ga. 403.
(b) The judge below did not restrict the
defendant from using the evidence on the
qneBtion of insanity, together with other
circumstances in proof, to cast doubt upon
his guilt, and in doing laid down quite
as lenient a rale as he won entitled to. 70
Ga. 651 and cases cited; Ledford vs. State,
this term.
6. Tho law was correctly given in charge
and the verdict is supported by evidence.
Judgement affirmed.
R. S. Lanier, Hardeman A Davis, 8. H.
Jemison, Dessau, Bartlett for plaintiff;
J. L. IIa*deman, solictor-general; C.
Anderson, Attorney-General; Bacon A
Ruthersord. contra.
Academy of Music vs. Flanders Bros.
Com plaints from Bibb. Before Judge
Simmons. Corporations. Subscriptions
to stock. Charter. Ultra. Vhrzs. AT-
topped. Verdict. Pleading. Stockhold
ers. Power of majority.
Hall. J.—1. It wascontrary to law
for plaintiff in error to act,
beforo the amounts of its
capital stock prescribed had been taken and
ten per centot the amount paid in and with
out a compliance with inis condition, it ex
ceeded its power* in thus commencing and
and prosecuting its business, its action was
alia vires and void, and any promise or un
dertaking which induced it to pursue such
a course was in contravention of the law,
and could not be invoked as an estoppel
in a suit to recover the amount of stock
subserved. 105 U. 8. R., 143; Hendrix vs
Academy of Music, September term 1885.
2. While the verdict in this case purports
to be founded on the fifth plea of defend
ant, and while it may be true that that plea
taken alone and regarded aa entirely dis
tinct from the others, forms no issue that n
verdict render* d on it is without founda
tion or meaning, and that it can have no
legal etfec*, yet, we find that the apeci&l
pleas Are so connected that it would be dif
ficult to separate them, and it seems that
the nnmben. on the margin of each of them
in pencil were thna placed for the conveni
ence of court and counsel aud formed no
part of the pleas themselves, ao that we are
satisfied that all the jury inteuded by the
verdict was that the principal fuct distinct
ly set forth in the plea numbered 5 wus
proven and that, under the law as given
them in charge, this barred the plaintiff's
recovery.
3. A corporation is not bonnd by any act
of the majority of its shareholder*, unless
the majority is authorized by the charter to
do the act on behalf of the corporation.
(al. Still less has *\ corporation, though
legally chartered, but in acting in violation
of the rules of law, persci-ibing tbe perfor
mance of certain conditions before they
can net in a corporate capacity, the power
to accept an alteration of Us charter by a
majority vote of its*hareholders, so os to bo
valid and binding upon the minority, who
ur at liberty to dissent therefrom; and
such action would release the original sub
scriber* to the stock from their obligation
to pav for it. The contract aa altered Is
not that to which they assented when they
agreed to take this stuck.
Morn, or Pn. Corps. Sec. 50,63,67, 63, 64
65, 44. 13, 315, 354, 355; 27 Miss. 517, 617.
539; 40 Ga, 616. Judgment affirmed.
R. W. Patterson for plaintiff; Dessau A
Bartlett contra.
Harris, trustee et aL vs. Collins. Equity,
from Muscogee. Before Judge Willis.
Evidence. Trists. Powers. Frauds.
Specific performance. Equity. An
swers. Deeds.
HXle, J.—1. Where a trustee sold a cer
tain lot of land to complainant, complain-
party claims title by virtue of a sale under oi foot aa wifi enable him to wake a jndg-
thc power, yet where one claims adversely {lutoi or fleet*# in the case ticix the verdict
to so strict» construction of the power, and I and the pleading* and tba undisputed facta
where it was used to daaive and mislead j of the e«uo, ho need not cuter Into minute
him to his injury, or where with !iko intent | particular*, uor aoed lie submit issuer re-
it was artfully concealed from him and be j quosted by eno&Ach if he hoe already pro
ws* induced to purchase in ignorance* </. its | pounded questions which will draw the
existence and consequently of tbe ircuui- J Jane fubstsnteal answers from the jury.
ant paid nearly all of the purchase money,
tendered and continued to tender the bal
ance, *rent into possession and continued
so for several years and up to the trial mak
ing valuable improvements and paying tax
es, did not know at the timo ot purchase
that it was trust property, and it further
appeared that the ctnbrt que (nod authorized
the trustee to sell and bad notice through
her agents of complainant's possession and
improvements, a verdict and decree for spe
cific performance wore properly rendered.
2. While the rale that a power is to be
•tricJy pursued in its execution, and the
mode ami manner specified in the instru
ment creating it for iU performance most
be followed, is applicable in cases where a
bfance it had put upon his right, the rule
stated ifc not to be enforced against him.
“The privilege is to be used as a shield and
not as a sword. ” 7 Go. 572.
A person cannot have tl-e benefit of
the contract ou the ouo side without return
ing the equivalent ou tho other. la this
case the party in w hose favor the power
was created not only retains the money
paid to the agent of her trustee, but also the
ini pro tern cr.i» put on the lands cud its en
hanced value, and make* no offer of rec
ompense.
3. H°noe the court did right in refisiug
to charge, that, under the deed it ooa'.d not
be sold by the trustee without the written
consent and request of the cestui que trust.
(a). Besides, this request was as to mat
ter of law for the court to determine aud
would uot be for the jury to pass on.
4. A charge that defendant's answers
were evidence when responsive and could
not be disregarded unless overthrown by
two witnesses or one witness and corrobo
rating circumstances was not erroneous; it
was uot necessary for tho court to go farther
end single ont portions of the answer or
particular subjects and instruct the jury as
to how fur they were respousive, without
request from counsel specifically pointing
out the parts of tbe answer claimed to be
responsive. 14 Ga. 216, 222. 63 Ga. 410
cited and distinguished.
5. The question mode on the, demurrer i*
ruled by Harris, trustee, vs. Pulmore, Sep
tember term, 1884.
6. Evidence as to the existence of certain
deed*, tbe custody in which they were
placed, names signed thereto, and the time
un purpose for which they were deposited,
was properly admitted, no attempt being
made to go into the contents of the deeds
witbont proper foundation.
(a). So testimony as to sayings of the
custodian of the deeds in relation to this
subject, made probably after he had parted
with their possession was properly ex
cluded.
7. Where the bill stated complainant's
cause of Action in general terms, but rnnjc-
ing a case for tlie relief prayed, aid defend
ant’s answer traversed these allegations by
vague and unsatisfactory statements, com
plainant had a perfect right to reply by bis
evidence. Notice to defendants' agent con
cealment of facts unknown to principal but
known to agent, misrepresentations of
agent made in the bnsiness of tlie agency,
and neglect and fraud of the agent iu trans
action of such business, could all be shown.
Code 2199, 2201. 2000.
In this case it would bo no strained infer
ence to conclude from the peculiar recitals
in the trnstdeed, and its unusual clauses,
especially when unexplained, that it was
made for a different purpose than that stat
ed on its face. Unusual clauses induce
suspicion. Judgment affirmed
C. J. Thornton for plaintiff; T. W. Grimes,
L. F. Garrard contra.
Dobbins vs. Etowah Manufacturing and
Mining Company. Assumpsit, from Bar
tow, Before Judge Faiu. Corporations.
Charter. Agent Authority. Promis
sory Notes.
Hall, J.—1. It was the duty of the court
to construe both the charter and the letter
of attorney relied on and to determino from
both the extent of power conferred on the
agent who gave the notes in question, by
which it is sought to bind the company.
2. The agents of a corporation must ob
serve all the formalities required by the
charter, and if ttey net in a manner not au
thorized by the charter their nets will not
be binding. Mor. Pri. Cor. Sec. 61, Augell
A A. on Cor. 291, 1 Dan, Nog. In. 387, 31
Ga. 376.
3. The charter gave to tho body corporate
power to make and execute contracts,
promissory notes, bond*, etc., and declared
that these should bind not only the prop
erty of the corporation, but also tbe private
property of members in proportion to stock,
etc. Acts 1855-6, p. 452.
But this record does not show any ap
pointment cf an agent or officer empower
ed by the action of the body corporate to
make and execute the notes surd on. The
power of attorney under which the agent
acted appoints him the general superintend
ent. With full poft’er to do Anything which
ho may consider necessary for the disposal
or protection of tho company’s property,
but this under the rule of law as to strict
compliance with the terms of tho power,
cannot lx* construed to give authority to
perform an act which would find not only
the property of the corporation but that of
its individual member*.
Tho power of an agent to make such con
tract* might be necessarily implied where
the corporation carried on a banking busi
ness and dealt in loans, discounts, Ao.
4. It will not avail plaintiff that the com
pony held out this party as its agent to
find it in this manner, for he knew or is
presumed to have known its pon’ers under
the charter, and he swore he hod aeen tho
paper under which the agent actod before
he would advance the money.
5. It was not shown that the money
raised on the note* ever went to the benefit
of the conmration, so that if plaintiff's
counts for money had and received be good
in law, he could have no advantage from
them. Judgment affirmed.
M. It. Stansell, McCutchen A Shumate,
J. B. Cunningham for plaintiff; John W.
Akin, Henry Jackson contra.
Randle vs. Stone A Co. Complaint, from
Burke. Before Judge Roney. Practice.
New Trial. Brief of Evidence.
Hall, J.—!. Where a motion for new
trial was filed at the term when tho case
was tried, which was approved subject to
future revision and ordered spread on the
minutes, aud tho rule nisi was made re
turnable to the next term; and where it waa
ordered, during term when the motion wus
filed, that movant have thirty daya after
adjournment to file the briet of evideuce
“subject to the approval of tho court and
revision ot counsel,” and the brief was tiled
within tho time.
Held: It was error when the cause came
on for a hearing to dismiss tho motion be
cause the brief had not been, approved
before it was filed. Under a proj»er con-
structiou of the order of the court this was
not necessary. The brief could be pre
sented for approval ami approved at any
time before the hearing, ana tbe motion for
new trial could also be completed, revised
and approved at any time before being
finally passed on. Hicks vs. Brantly. Pago
vs. Blacksbear, this term.
(a) The case is sent back with directions
to do on its return what should hate been
done at that term of the court when the
motion was to be heard in relation to the
revision and approval of the brief of evi
dence. Judgment reversed.
Salem Dutcher for plaintiff; P. P. John
ston, contra.
Coleman, sheriff, at al vs. Blade ft Ethridge.
Money rule, from Olay. Before Judge
Clarke. Practice. Issues offset. K-v
trial Exceptions to daere* Promissory
notes. Debtor and creditor. Evidenoa.
Jurors. Judgments. Equity. Money
rates.
Jackson, C. J. —L When a case is tried
by issues submitted by tbe presid ngjudgo to
tbe jury it is for him to submit such issues
(u). Tbo questions put in this ease were
sufficient to cover the issn** made, and were
uot to framed a* to lead the jury to answer
for one side or tho other,. or to show the
slighest partiality.
2. The weight of evidence sustains the
finding of tlie jury.
3. That a decree does not follow the ver
dict, aud has no evidence to support it, or
is contrary to evidence, or law, nro not
proper matters for a motion for a new' trial.
4. It is uot necessary in suits upon notes
given for land and judgments thereon to spe-
ify or declare a lien thereon on tho face of
lie declaration and judgment in ordertosell
he same undo* execution by tiliug a deed
for the land with the clerk, under section
3654 of the code, and assert the lien given
in such eases.
a). If there bo a contest for tho money
raised by tho suio then it may be tihown that
tho judgment is for purchase money and
that the deed wus made, tiled, etc.
5. Requests to charge which mixed law
and facts so couftiKotily ns to be calculated
to mislead the jury were properly refused,
and were also requests sufficiently covered
by the general charge.
6. Where exception is tuado to a portion
of the charge embodying dUtinot proposi
tion it cannot be held good grounds for new
trial uuless tho whole be erroneous.
7. Instruction submitting the usual rule
of appropriation of payments wus certainly
not erroneous.
8. Errors must be specified.
9. Objection to tlie entries of the sheriff
and tho clerk upon the executions, showing
the record of the deeds, advertisement, etc.
in accordance with and fulfilment of section
3664 of tlie code, waa not well founded.
10. The value of the lands was not perti
nent. The question was, is tho judgment
for the purchase money; if so, the land
must pay it whether the value bo great or
little.
12. Jurora cannot impeach their ow*n ver
dict.
13. There is nothing in the objection that
one of the judgments was invalid because
rendered by the court. The notes sued on
were unconstitutional contracts iu writing
and no issuable plea was filed. Code, 5145.
14. Issues between creditors on money
rules agsiust sheriffs ar j in tho nature of
equitable proceedings aud are to be govern
ed by equitable principles. Judgment af
firmed.
A. Hood ft Son, W. 0. WorriU, Wells ft
Lark, Hcnrv McAlnin, Garrard ft Meldrim,
for plaintiff; Goetcmus ft Chappie, W. D.
Kiddo, contra.
Crockett vs. Crocket. Equity, from Bibb.
Beforo Judge Simmons. Res odjudicata.
Deed. Mistake. Reformation. Equity.
Receiver. «
Jackson, C. J.—1. Tho reformation of tho
deed, at issue iu this case, with tho same
instructions to the scrivener and the same
testimony substantially was beforo us and
was passed upon by us in this same case at
our September term, 1884; (he mutter as to
its rr formation wus then adjudicated and is
the law of the case.
Of course it cauuot bo reversed by tho
finding of any jury, unless new facts hud
made an entirely now case on new evidence
bearing ou tho mistake which this court
then saw from tho evidence then in and the
correction of that tuistako then decided to
bo the true intention of the grantor.
2. To divest u man of the control, use and
occupation of nn estate, an interest in
which he Lad given voluntarily to his
daughter, because his daughter and himself
were at issue, touching the quantum ot that
interest, or the amount of the rents duo
ber, and that, too, in the teeth of a reser
vation of control in herself in tho volun
tary conveyance, is much more than a jury
ought to bo allowed to find, especially
when there is no pretense that the father is
insolvent.
(«). The only interest of the daughter under
the deed is in tho rent, the management un '
control remains her father; how can it so
remain when a receiver has power to col
lect from him half the value of tbe rent of
bis own houso in which ho lives, nnd
when he is enjoined from collecting one-
fourth of the rental of the other pro
perty, And from all interference with the
creditors. Tb*v have lions on tho proper
ty, some of th'-ui foreclosed,and con invoke
equity to hold it for them. Code 3148,1945.
Judgment affirmed.
McGatchuo ft Shumate, 8. P. Maddox.
McCarny ft Walker, for plaintiffs. W. K.
Moore, T. R. Jones, B. Z. Herndon,
contra.
supremo Court of Georgia.
Atlanta. January C.—No*, 1<J and 11. Augusta
circuit. Withdrawn.
No. U. August*circuit Cruch et si v* Richards.
Anmed. 8. F. Webb for plaintiff; L. Phinbey, contra.
So. 13. AugitaU circuit' Branch vs.. Planter's
Loan ^ Baviug* Bank. Argued. Wo*. K. Miller,
tor plaintiff: F. W, Coaers contra-
No. 14, Aimuata circuit. Handers v*. Williams.
Argued. F. W. Capers, Jr., for plaintiff; William
H. Fleming, contra.
No. 15. Auguxta circuit. National Bank of An-
gusta ?h. Bones. Argued. F. II. Miller. J. ilauglil,
Twiggs A Yerdery tor plaintiff; J. c. C, Black con
tra.
Harper Ac Bc\. Fo*tcr A Lamar, F. A Miller,,
receiver in respeot to one-fourth thorof, is
wry diflicnlt to see.
3. The right of tlie .laughter, during her
father’, life, wn< simply to have a home
there in her father', house n right never
denied her, and tho jury returned,ft ver
dict that he ehall pay her hull tbe rent of
it, because she did uot, on account of re-
spcct for her dead mother, na ahe vrrote
her father, choose to live with her atep-
mother.
Tbe verdict must lie set aside as utterly
unwarranted by law or evidence.
4. Tbe deed shonid be reformed so an to
give the defendant in error only an interest
in the net income; uo receiver should be
appointed to disturb the control of plain-
tin in error over the property or ita rents,
iasues and proBts, and ho shonid be re
quired to pay nothing for the use and oc
cupation of his own homestead. Judgment
reversed.!
Hardeman A Davis, C. L. Bartlett for
plaintiff, Hill A Harris contra.
Orton et si. vs. Madden et al. Injunction,
from Whitfield. Before Judge Fain.
Equity. ‘Jurisdiction. Fraud. Circuity
aud Multiplicity of Actions. Judgment.
Creditors. Liens. Creditor's bills.
Jackson, C. J.—1. Equity has concurrent
jurisdiction with law in all cases of fraud.
Codfe, 3172; 2 Ga., 3M. Courts of equity
more readily raise and act upon a presump
tion ot fraud than courts of law from facts
pointing thereto. 31 Ga., 150, The de
murrer in this case admits the worse kind
of frand, covered np by different claimants
to the property, for which a receiver was
asked, there being several claimants and it
being quite difficult to dotermine upon
whom to proceed os the real owner; oml no
answer was filed.
2. In case of circuity of actions and mul
tiplicity of suits, where there are assets to
be administered among creditors, equity
has jurisdiction. Code, 3233-2.
Such s bill is applicabls to contests over
a fund, and the only fund available, as is
the case here. M Oa., 54#.
3. So a court of equity may take charge of
and hold assets charged w itn the payment
of debts where there is manifest danger of
low or destruction, or material interest to
those interested. Code, 314'.I, 274.
4. Complainants, have no complete rem
edy at law. They do not know which of
the fraudulent conspirators to chest them
is the rest owner of tbe property sought to
be subjected to their cloans, anil they bring
them all into thia bill. The attachments
they have sued oat may be dismissed be
cause of the insufficiency of the bonds they
were able to give. There are s Urge nnm
ber of these attachments and claims are
I- —rpoeed to them all—sod the claimant
not being sued, should he win in Ute claim
esse, escapes with the fond and complain
ant’s remedy is gone.
At all events the chancellor did not abase
his discretion in patting all the fond in the
sheriff's hands w receiver.
5. The case U not obnoxious to tha ob
jection that complsinanu ore not judgment
COMING CONTESTS IN CONGRESS.
The Division of tlie Sliver and Civil Service
Reform IJueNtlou.
Wssbiugton Star.
The Western members of Congress re
turning trom their brief visit to their con
stituents declare that ao silver legislation
cun get through the House unlosv it is to
grant unliinir u coinage. It looks more
and more os if the l’resident'srecommenda
tions on the subject would not be regarded
favorably by tbe House. It appeared, jnst
before tlie holiday recess wus taken, ns if
tho influence ot the udministrution was
making itself felt, and there wns considera
ble talk of a compromise. The Western
members bnvo now come back with the idea
that it would be os umcli ns tiieir official
heads are worth to allow any interference
with the dollar of the daddies. Many of
them are armed with ponderous petitions,
almost communistic in Ibeir expressions.
Home of the Missouri peoplo hnve present
ed their members witii petitions demanding
the free and unlimited coinage of tlie Bland
dollars, thecontinuance of tho issue of one
and two-doiUr kills in unlimited quantities,
and tlie isHue of loans to farmers by the
United States.
Homo members wlio fear tlie result of the
continued coinage of the two million dollars
a month say that the only thing now is to
let the matter go on until tho exportation of
gold begins in earnest, nnd to let tlie llonso
learn its error by experience. Tho question
gives tho prospect of a very bitter tight in
the House very soon tknt is likely to in
crease tlie bnd feeling between President
Cleveland and his party. It is believed by
ninny that some of the nutl-civil service re
form men who are not particularly interest
ed in the continuance of tbe coinage will
avail themselves of the opportunity to at
tack the adminiatration.
It is expected that there will be a fight
over tue civil service question, too. Many
of the ontapoken and rampant anti-civd
service men who were waiting only for
Congress to meek that they might attack
the “reform varmint," have modified their
expressions since the coinmeiw.,uient ot
the session, and there is nothing like the
open op]H»ition to the reform there was ;
bat there are several members who are
primed for tho light nnd are waiting for
Senator Hamilton's bill to come over to tho
Houso to give them an excuse to open fire.
There will be some very sharp things suid
when the opportunity is offered, bat it does
not look as if there were much show of any
action antagonistic to tho service getting
through tho House. It does not lock aa If
anything Uke a-inajority of the Democrats
would favor each a course, nnd the Repub
licans stand reaily to prevent it-
The Republicans in tlie House, as a rale,
are well disposed towards President Cleve
land and are in favor of giving him a fair
sliow. They will to a great extent, it Is
said by sonio who are in position to speak
for (lie party, favor liberal appropriations,
partieufory for tbo'navy and for coast defen
ses. They are in flavor of giving Secretary
Whitney ail the money be needs to curry ont
his plans for bnilding up the navy, sud
they say they will not uso tlie argument
that was advanced against them when in
power, that the navy ought to be built,
“but the present party can t be trusted to
doit," They will favor just as liberal
appropriations for these purposes under
Wilitnev as they favored and could not get
under Chandler,
HOI4HNI1 VP HKNATOB BIOK's BANDS.
During the holiday recess ot Congress,
and ainee the delivery of his speech in fa
vor of silver coinage, Henator Beck has re
ceived more letters than any member of the
Senate. In fact, letters have come fo him
by Uie hundreds daily, all of them com'
mending the iKsdUon he has token
and urging him to stand firm
in snpport of the silver dollar.
While the bulk of these letters has come
from the West and South not a few have
been sent by reaidenta of the East. As
originally stated in tho Ktar. Henator
Evarts was one of the first to heartily con
gratulate Mr. Deck upon his speech and np-
on tha fact that he bnd taken a position
from which he coaid not be driven.
pied the centre of the apartment, no 1 serv
ed for the lessons, work, and play. They
had never worn a silk dn «a in their
lives, and Dogmar onco petitioned with
tears in her eyes that her friend, now
Countess. Duneskiold, shonid lend her one
of her lace-trimmed handkerchiefs to go to
a party, as she did not own one that was
uot more foruse than display. Withal, tho
(iris ware merry, cheerful and happy, tak-
ng their simple pieaaui eu with innocent
Ught-hearteduetm, deeply attached to tiieir
tovemese, an amiable and' distinguished
Llclgian Indy, and romping when she al
lowed it-with their younger brother, Wnl-
demar, whom Mile, ao l'Escaille unceremo
niously ordered out of the room wb.cn he
became too obstreporons.
After tho Prince of Wales hod beoorne on
accepted euitor, he wished to give hie bride
a souvenir oi his borne, and sent an a list to
Copenhagen to make a sketch of Al' randra's
private apartments that shonid find in ber
palace in London on her arrival -here Tho
artist politely received by Prim • Christian,
wqs ualiert a into the room cf tho future
Princess of WuIcb and and remidueci ti .ins-
fixed et the sight before liim. Haeonfesied
his inability to mako n picture of such sur
roundings, and, failing materials, gave up
his order und returned to England. It Is
also suid that if he spoke warmly of the
courtesy he met, bis praise did not extend
to the comforts and cuisine of tho establish
ment,
A Wire's Local Dash Value.
New York Times.
Tho money valno of a wife’s services
above her food, clothing and medicine to
which she is legally entitled, from her hus
band, has Jn«t noil n curious illustration iu
Rhode iHlsnd. During the civil war Wil
liam R. Cripps, of Newport, married Mrs.
Elizabeth 11. Thurston, whose husband was
supposed to have been killed while serving
in a Rhode Island regiment. But after the
lapse of years the first husband reappeared,
and, upon learning the state of things, mar
ried another woman. Cripps, s few mouths
ago, t uni oil his wife ont of doors, refused to
support her, and applied for a divoroe,
which the judge granted, os the marriage
was illegal. Tho woman waa dcstitnte. A
lawyer, J. I’. Galvin, took her case in hnnd,
nnd brnnght anit against Cripps for sendees
rendered by his supposed wife as his house
keeper, ana secured judgment in tho hum
of *2,im
A Watch Free •
Wo will mail a ^Nlckel-SUrer Waterbary Watch ot
the «tjlo represented in tho cut below to any one
who will send u* a club of ten nkw Rubr.cribers to
The Wkbklt Tsucosapu at one dollar each. This
will enable »vh mabacriber to secure tbe paper at
tbe lowest club rate, and at the eame time compen*
eate the club agent for bla trouble.
Only nsw hu-mruiuMW—that le, thoeo whose
name* are not now and bate not been within els
mouth* previous to tbe receipt of tbe order ou cor
book*, will bk cue*'teo.
The*c watches are not toys, but accurate and
nervlceable time-keeper*. They are simple, dura
ble and neat. Tbe case* always wear bright Tens
of thonjianda of them are carried by people of all
classes throughout tbs United States.
“The Waterbary.”
A LOCOMOTIVE H LEAP
Aero
Twu Streak. »r Iron Orer a llurnl
Trestle,
l-ctenburg Imlti.
Passenger train No. 45, north bonnd
ov« the Atlantic Coast Line, due here at 16
o'clock a. m., made a very narrow escape
yesterday morning from plunging through
a trestle about two miles below Rocky
Mount, a station ou the Wilmington and
Weldon railroad. When the train had roil
ed np within a few yanla of the trestle, Mr.
Thomas McMilland, the eagineer, discov
ered that it was on fire, and that a por
tion of it had been burned and tbe rails
only left standing. Appreciating the dan.
>r, and knowing that it would be impossi
e for him to stop the train before reuchini;
tbe trestle, he bravely remained at his pos.
of dnty, although con-ions that if tha
train went through the treatle he would
either be killed or injured together with the
passenger*, of whoes lives he waa more or
leaa the custodian. Aa qnica as a flash the
thought occurred to the brave engineer
that the best way to avert the threatened
accident war for the entire train
to pass over that portion
the trestle which had been burned oa rapid
ly as possible, lie at once opened wide the
valve of the lociimotive, and when the train
reached the treatle it waa going at a speed
of sixty miles su hour. At this rate of
speed the train paaaed over the trestle, bnt
so great waa the concussion that followed
that one of the cor* broke from the coupling
and all the light* in the coachea were ex
tinguished. The passengers were all badly
shaken up and oonaiderably frightened, bnt
fortunately no one waa hut.
COBOHKTKP POVERTY.
A Tatar# ijseen Who liltin'! Have Even
On. Silk Dress.
Alexandra and her sisters, Dagmar and
Thyra, occupied one room together. Tbe
furniture waa plain and scanty. The beds
were narrow and bard. Tnsiaad of a ward
robe. m curtain drawn across the wall hid
the pegs on which their few dr,—is hang.
A plain deal table, with a thin cover, oeen
FOR $3.50
we will send Tax Wkskly Txj.znuxrn one ywr
snd one of th* above described watches to any *1-
4r»<*a. Thl/propoetion Is open to our subscriber*
aa well aa those who are not
-A_ct Promptly.
Tbe above propositions will be kept open for a mmm
limited time only and parties who wisb to take ad
vantage of either should do so at once.
49-Unleee otherwise directed we will send the
watches by mall, packed tn a stout pasteboard bos.
and ourresponaibiUty for them will end when they
are deposited In the post-office. They can \?u regis
tered tor ten cents and parties who wish this done
should inclose this amonnt, or we will send them
by express, tbe chargee to be paid when they are
delivered. Address THE TELEGRAPH.
REYNOLDS'' IRON WORKS.
Iron and liras* Foundries and
Miudiine Shops.
ron Railing*. Cana Mills, Syrup Kettles, Steam
Engines, Haw Mills. Iron Fronts for build inn* of all
kinds. Machinery of all kinds. Grist Mills. Bo-
palring engines and machinery a specialty.
Iron and b* * i castings of every description. In
fact any an • everything that is made or kept in Ini
cla»« iron sorka.
Tbs proprietor has bad an experience of over
forty years in the iron bualneea.
frVe guarantee to sell yon Cane Mill* cheaper
ban anybody, and that they will give perfect eene
‘action.
A. REYNOLDS, Proprietor.
Cor. Fifth and Hawthorne streets. Macon. Oa.
oct27-w-tf
COOKJTOYES
ALWAYS SATISFACTORY
EIGHTEEN SIZES AMD KINDS
AIL PURCHASERS CAM BE SUITED
FACTUKED BT
Isaac LSheppard & Co.,Baltimore, Hi
ANI> FO** 0 "' li BY