Below is the OCR text representation for this newspapers page.

5 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