Weekly telegraph and messenger. (Macon, Ga.) 188?-1885, February 15, 1884, Image 5

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Weekly telegraph and messenger., February 15, 1884, Image 5

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Newspaper Page TextSUPREME COURT OF GEORGIA. The weekly telegraph and messenger, fiuday, February , .-nrjine to the natural course of New England manufacturers ruining to Romo for the purpose of *«ting largely in her cotton nninu- rturing interests. And Mr. James ^Potter, a member of the Whitehead .£* Atherton Manufacturing Company, .f lowed, Mass., was in the city yes terday inspecting the Rome Cotton Jill,; with a view to purchasing an tn- tereJ t in the same. A Canning Establishment. Banncr-Wutcbman. I gentleman was in the city yestcr- j-V with a view of building a large fruit Xgnnimr establishment here, if he can c ~.tlienght sort of inducements. This will not only benefit our city, but en- coiiragc the raising of fruit for market, „ it can then be profitably sold. Loaf i ca f the North is losing hermdus- A Puro Pnpor. Madisonian. Tom Burney, the best newupape? can- r # . ,. oai pr in the South, is in the city, fendant or his lessees. Add. on “Con. vol. ' .hiking hands all ’round.” This is l. ifc-14: Pars, on Con. p. 263 505; 4 “shaking hand* .... liis old home and his friends here are numbered by the score. He is still with the Macon Telegraph, a paper that grows in strength, if possible, with each issue. It is refreshing, in this day of vulgar and indecent journalism, to know there is a paper that you can take into your family circle with the feeling that its perusal will chasten, purity and instruct the reader. Such a paper is the Ti'kobawi. Tom Bur- nev is as clever and honest as his pa per is bright and newsy. We hope he will get a large list ol new subscribers. INDIAN SPRIND. A COLLISION BETWEEN TWO FREIGHT | TRAINS. Fkbrcarv 11 .—At 3 ;30 this afternoon just as tho freight train from Macon palled up to the station, an ex*-- freight palled by a large mogul cngii came in sight around the curve, from towards Atlanta. Every effort was made to stay its speed, bat it being a through train, and having no orders to stop here, it ran into the other en gine just opposite Kelley’s store. Both engines were badly damaged, three boxes or. the south bound were thrown from the track, and one loaded with . brick was entirely demolished. No one was hurt. Trains will not long be delayed, for the wreck is just opjiosite the side-track, and cars will be switched through. From what I can learn, none of the train hands are at fault. BUTLER. FINDING OF A VALUABLE BOX. February 11.—On tho 7th of this month two negroes who were plowing in the field near the old John R. Res- pen* homeste d- unearthed n tin box containing *345 in gold and a fifty pound note on the Rank of England. Mr. Rcspess, at this plnee, has just re ceived a part of the gold. The date of the coin Is 1850. Will give particulars to-morrow. SPARTA. AN ATTEMPT TO Ron MR. SID SIMMONS’S • STORE. February 11.—A panel in tho back door of Mr. Sid Simmons’s store was bored all around with an eager on Sat urday night. Tho enterprising thief did not get in, however. lie must have been “flushed” about the time lie got ready to uso his chisel, as the door bore no marks of that tool. He must have been frightened at something ho heard or saw, as he left his walking stick at the door. THOMASTON. REV. MR. fiOLDEN—DAFTIST CHURCH— B. E. LEE INSTITUTE, BTC. February 11.—Rev. E. Z. F. Gol den, of Macon, has been called to tho Baptist church in this place. The contract for building the Baptist parsonago has been given to Charles Bappington, tho work to be completed by the fourth day of May. Miss L izzio G. Van 1 loose, a grodu- ata of Mary Sharp College, Winches ter, Tennessee, has been elected to take charge of tho music department of It. r.. Lee Institute. The town council took one step backwards to-day by rescinding the or dinance requiring stock of nil kinds to be kept up. Messrs, Tbomphson and King took three fox hunts last week and caught four lLrgo foxes, one red and three grays, They have tho celebrated Birdsong stock of dogs, which accounts for their succccsi BUTLER. 1BOUOHT TO LIOIIT AFTER MANT YEAES— BISTORT OF AN INTERESTING (OX. IFebruary 12.—On yerterday I wrote you that |345 In gold coin bad been found on Rev. John R. Itespcss’s place In Schley county by two negro boye. In I8W or J”y this money with .about 15,000 more ami been sent J. 11. ltesjies! from tho Reedy River Manufacturing Company as Ws part of the money made by the com- P*»*f Tdr. Reepeee was and Is still a large stockholder In the rompany, which la now •mown ss the Swift A ltcspess Factory. OnUie 14th of April, IMS, when the Yen- * us, our people itiment. Mrs. cr $5,0U0, near Ml until tho ex it she secured ulil not tind a the factory, (change. £50, j negro boys f L—,— „w~rJ plowed up the box on the 7th Instant and ooenin* ft found the gold an bright, hut tho b marks of decay, a }>ortion of the ir will be sent to bln have it t ame In n [iKtCIAL KEPORT. BY II. C. PEEPLES.] Ifochstadler Bros. vs. Hill & Shumate et al. Petition to remove to united State- Court, from Macon. Before Judge Crisp. Removal to United States Court. Final process. Attachments. Claim. Adams, J.—1. A' claim to property levied oti under fim 1 process of a State court is not removable to the United States Court. The claim is but an incident of the main proceedings and cannot be detached from it. (U Ga. 44<J; 50 Oa. 512; 10 Wall. 190. 2. Where, however, a claim is tiled to property levied on under attachment, ana the attachment is removed, ar.d the claim ant is a resident of the same State as the defendants, the claim should be removed with th; attachment. Judgment reversed. N. A. Smith, Hall «fc Son. for plal till’; John W. Ilaygro \ W. H. Fish, Hawkins & Hawkins, contra. Crnsselle vs. Pugh. Case, from City Court of Atlanta. Before Judge Clarke. Con tract. Consideration. Tort. Abuse of legal process. Jackson, C J.—1. The f&ctthat plaintiff* in the court below had lost his eyes while in the service of defendant, or his contrac tor or lessee, and threatened a suit there for, was a good considemtloh to support a § ift of u house and lot for life Irotn defen- nnt to plaintiff*, as compensation for the injury and to prevent any suit against de- kees got here from Col were In a state of w Resticss buried the j her home, where it cncmcnt pawed aw, . ®H she could find, but she co «*rt» : n tin box ser containing the mom on Bank of Knglm employed by Chari. Hawks 178; 11 Vesey, 183; 5 Born, aud Aid. 43. 2. After such a gift was made, the forci ble dispossesion of plaintiff’ of said house and lot by legal process was a tort for which action woufd lie, and for which punitive damages could be given. Code 3013; 50Ga., 188; 12 CJa.,G13;G7 Ga., 319,531. Judgment affirmed. Frank A. Arnold, for plaintiff*; Milledge Haygood, contra. Dowda vs. the State. Seduction, from De- Kalb. Before Judge Hammond, urim- inal law. Continuance. Jackson, C. J.—Plaintiff* in error relied in good faitli on services of counsel who. he discovered on the morning of ids trial, could not be present, He showed that he had witnesses living in counties other than the county in winch he was tried, whom he could not snbp<rnn before indictment fouifd, Hcode 3847). and the indictment had just been found when he was put on trial. Under these circumstances his motion for continuance should have been granted. Judgment re versed. It. J. Jordan, for plaintiff; B. H. Hill, Jr. solicitor general, contra. Dougherty county vs. Boyt et al. Equity, from Dougherty. Before Judge Bower. Local enactments. Bonds. Constitu tional law. Jackson, C. J.—1. A general law having been enacted'in 1879.code sec,50$(i)(j), (ki, (1), (m), prescribing the manner in which the counties of this State might create a bonded indebtedness under the constitu tion of 1877, a local law for Dougherty county. passed in September, 1881. providing for an issue of bonds, and containing provisions as to elections, etc., different from those in the general law mentioned, is uncon stitutional. It is in conflict with tho con stitution of 1877, which declares that “laws of a general nature shall have uni form operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law.” 2. A law providing for an election to de termine the question of the issue of bonds for Dougherty county to purchase a bridge or bridges over Fiint river, passed before the passage of the general law mentioned, and under which nn election had been held without result, could not be revived or re-enacted after the passage of such general law. It had performed its office so far as it could, and was dead. Judg- inontNiffinned. D. H. Pope, for plaintiff; G. J. Wright, J. W. Walters, L. Amhcim, contra. Western Union Telegraph Company vs. Bhotter. Cose, from the City Court of Savannah. Before Judge Harden. Tele graph companies. Negligence. Con tracts. Agency, Measure of damages. Jackson. 0. J.—1. A telegraph company is responsible for the gross negligence of its agents in transmitting messages, and it makes no difference what conditions the company may put upon its printed head ing of messages, so far os its liability for negligence is concerned. It is bound to discharge its duty to the public with skill and diligence, and to be accurate in thu discharge of such duty, even if to repeat the message be necessary to insure accuracy. 58 Ga. 433; 68 Ga. 300. 2. An amendment correcting the error in Innguage of the telegram set out in tho declaration, or in figures and conditions thereon, was properly allowed, so as to cover the objection to admissibility of the telegrams as set out Code 3470. 3. The measure of damages when plain tiff made an offer of turpentine at one price by telegram and the telegraph com pany by mistake sent his offer as at a low er price, was the difference between the quotation by the telegraph company and the then market value of the turpen tine in the cities to firms in which it was offered, together with the tolls for sending the messages and the cost of exchange. It is presumed he could have got the market value, and as by reason of the mistake made he settled with his correspondents at the quotation by the telegraph com pany, thecompany Is liable for the differ ence. 4. A telegraph operator is the agent of the sender of a telegram, so as to bind him, at least so far as that when a mer chant makes an offer by telegram, which is wrongly sent by the telegraph operator, and the merchant in good faith' settles on the quotations sent by said operator, the telegraph company should settle for the negligence of its servant whether the mer chant be absolutely bound by bis contract or not The difference between the English and American doctrine on this subject may spring from the fact that in England the telegraph lines are under state control, and hence it fs there held that on operator is not the agent of the sender of a telegram. 3. While a garnishee may answer that the money in his bunds Is lor wages, and if there be no traverse, he may be dis charged with costs, it does not follow that because there has been a judgment that the garnishee pay tho money into court that the debtor Is thereby estopped. He Is no party to the issue between ids creditors ana the garnishee, and the admitting by the garnishee of funds in his hands does not determine the character of the funds or that they are not exempt. Banks vs. Hunt et al., this term. Judgment affirmed. It. 8. Rodgers, for plaintiff; W. T. Moy ers, by Harrison & Peeples, contra. Hngar, alias Clarke, vs. State. Forgery, from Fulton. Before Judge Hammond. Criminal law. Indictment. Proof. Charge of the court. Jackson, C. J.—The evidence Is quite sufficient to convict defendant of know ingly uttering a forged instrument. 2. The charge in the indictment being that defendant knowingly uttered u forged order on William Rowell of the date of 1883, and, although the writing of the forger was very bad, it appearing that “William Rowell” and “1883” are most probably the words in the order, and that the alleged utterer declared it to be an or der on Rowell, the court did not err in ad mitting the order in evidence. 'It was for the jury to say, under the circumstances, whether the paper produced and that charged in the indictment were the same. Code 4G28. 3. While the court may not intimate his opinion as to what has or has not been proven, it is his duty to tell the jury the le gal effect of the evidence. 4. Where the verdict is clearly right, even errors of the court will not ucctssari- ly require a new trial. 1 Ga. 574; 10 Ga. 429: 50 Ga. 305 ; 58 Ga. 550 ; 59 Ga. 199 and other cases. Judgment affirmed. G. N. and D. P. Lester for plaintiff; B. II. Hill, Jr. f solicitor general, contra. Ellis vs. Hunnicutt etal. Equity, from Fulton. BeforejJudge Hammond. Re formation of deed. Trusts. Jackson, C. J.—There is no equity in complainant’s bill. There is no cloud on the title of plaintiff, and if there were, no court of equity would reform a deed made by Hunnicutt individually so os to con vert it into a deed by him as trustee for certain cestin quo trusts, who never re ceived any of the purchase money, or were otherwise involved by the individual deed of their trustee. Judgment affirmed. * H. B. Tompkins for plaintiff; Hopkins Sc Glenn contra. Mayo et al vs. McPhaul. Equity, from Wor.li. Injunction. Production of pa- J *rs. Presumptions. ackson, C. J.—The injunction seems to have been properly granted. The defend ant would cot produce his title pape* s to the land in dispute, though ordered to do so by the chancellor, under section 3510 of the code, and was thus in contempt, and the chancellor had the right to conclude, a nuked trespasser. The mischief was al leged to be irreparable, but the chancellor allowed him to give bond, which he also seems to decline. Judgment affirmed. II. Morgan. W. E. Smith, for plaintiff; D. II. Poi>e, W. A. Harris, contra. Thurman, administrator, vs. Kyle, Com plaint, from Dade. Before Judge Fain. Contracts, Liens. Non-residents. Jackson, C. J.—Where lumber was bought in Alabama to be deliv ered in Georgia, and to be used for the construction of a house in Georgia and it was so delivered and used, the party furnishing the lumber, though a citizen of Alabama, had the right to record and fore close a lien on the liouss, under sections 1979 and 1980 of the code, 2 Swan. 130; 49 Barb. 250; 1 Abbs, adm’r 173; 3 Comst. 438; 17 N. Y. 458,4G5; 5 Sandf. 312, 302. The contract was completed in Georgia, the lumber furnished in Georgia ana it improved real estate in Goorgia, Judg ment affirmed. Graham & Graham, for plaintiff; John G. Hale, II. J. McCamy, contra. from Monroe. Before Judge Willi Estates. Minors. Wills. Chambers. Consent Guardian ad litem. Inform alities. Jurisdiction. Estoppel. Inno cent purchasers. New trial. Practice. Jackson, C. J.—1. Under the act of I860, code 4214, in connection with sections 3221, 4220,4223 and 4224 of the code a chan cellor has jurisdiction at chambers on the petition of tho executor of a will, in which petition all the legatees join, to order the sale of real estate of infant legatees, though such sale be contrary to the provisions of the will. Rakestraw vs. ltakcstraw et al. this term. (a) If this chancellor had jurisdiction what was done, thoughfirregular, was not void, and purchasers for value at the sale would be protected. 2. It is tor the chancellor to determine, under sold act, whether it ii impossible to carry out the provisions of the will and necessary to sell the real estate, and in the present case it seems his discretion was properly exercised For American cases see Allen’s Tel. cases 1.157, 330, G00. note: 40 Wis. 431. For dish cases, Allen’s Tel. cases 507,007. Jn measure of damages. 27 Amer. R. 483: Allen's Tel. Cos. 653 to063. Judgment reversed. Charlton Sc Macksll for plaintiff; Lawton & Cunningham contra. Roberts vs. Germania Fire Insurance Company. Complaint, from Glynn. Before Judge Adams. Insurance. Plead ing. Amendment. New cause of action. As big she i box so accurately, coin, every one at bill “f exchange 9liow.il Mr. lt.-|i'M hits received money anil the remainder m at once, the parties w ho re yesterday to see him., , .. .. .... Rc'p.in lum ilof the find- 1 atlon in this case fs for a recovery 1 the pis. e and on a renewed Insurance policy, or at of the : least, on one considered as renewed, Failure to renew policy. Jackson, C. J.—The original declara- knew ft belonged to The amendment made is for falling and refusing to renew a policy, and for dam ages arising therefrom. The amendment, therefore, introduced a new cause of action, and should not bare been allowed. Code 3430. The original action; wa on a pol icy renewed bn. not In writing, and was, visited J Hiereforc, demurrable. Code 27W. • mom- 2. The plalntiffmay perhaps recover on umber Unoriginal suit, likeber amendment, for of till' fraudulent failure of the insurance agent t. i“ | to Issue a renewal policy, but she mnst be- , V " ‘ gin de aero. SS Ga. 58S. Judgment af- D«e oi living iirmcd. en put In the Harris,t Smith, by Harrison A Peeples, lie evening before. It is to ! for plaintiff; Symmes A Atkinson, by J. A. e that the conflagration is I.umpkin, contra. A-ibeeHpttonwtis taken up I —— _ . , _ , smith ts. Johnson, U C. Rule, from Ful- | ton. before Judge Hammond. Rule •gainstoffleen. Garnishment. Wages. Exemption. Answer. Estoppel. Jackson, C. J.—1. A constable may be mini for money collected by him from a S arniihee by the defendant in an execu- on, if such defendant he entitled to the I money as exempt by reason of Its lieing ills wages as a laborer. Code 3100; 3 Ga. 153; Ha. 313. I A waiver “of any and all claim af instead and exemption un.lcr the laws," ., fs not a waiver of exemption from nishment. if such a waiver be intended hould he explicitly stated. 01 Ua., 313- corps of Xmsning tj . a !''i no loll :i.-»i-i:.ms, is rapidly tlioroughl y dot nit'll r-'l.iii-1 h work, anc form it, tl hat°tl mplctclv <Incs he per- have caus e tol ■ Dnildin^ committee (d) The provision in said that all parties consent in writing, was complied with in this case, since ell persons interested joined in the K tition, the executor end the adult lega- is for themselves and the minor lega tees by the executor as their guardian ad litem, and there was no Issue made. (6) The fact that the Judge submitted to a jury tho necessity of a sole| (the petition having been filed while court was in ses sion) does not affect the validity of the proceeding. It was done merely to satisfy his own judicial mind of the necessity aud was unnecessary. (c) The appointment of the executor as guardian ad ■■ tern tor the minors did not make void the proceeding. There was no conflict between him and tlicm. No interest of his was adverse to theirs; and if so, while it would have been better to haTe appointed another, it would hardly make the wholo proceeding void. 60 Ga 72). 3. Under section 42!1 et seq of the code, It seems the chancellor would have juris diction irrespective of the act mentioned. The estate committed to the cxccuor of a will Is, in one sense, a trust estate, and the minor legatees, coming into chancery and asking for such • disposition of their estate as to reliere their suffering, are wards of chancery. The proceeding* to be had are such as the necessity ot each case may de mand. OI that necessity the chancellor is the judge. 4. In the case at bar it appears the order on the petition provided that the money acquired from the sale he tamed over to llie regular guardian of the infants; that the guardian sued for it; and it was turned ever to her after much litigation between the guardian and executor, and a procbcin ami of the infants and the executor, in which tiffs decree was set up and relied upon by these representatives of the minors, and the va- lidityof tlie order appears to have been put in issue in these proceedings. Where one sacs for and recovers under a judgment or decree, and acquires money or property thereby in litisation with others for the fund proceeding from that decree, he seems necessarily to put the validity of the decree in issue and should not be per mitted to ittsck it for want of jurisdiction afterwards in a contest with tho very peo ple who paid the money which was recov ered under the decree. (a.) There is no doubt the defendants arc innocent purchasers for value to the full worth of this property when bought, and though equity is erer tepder to infants it will turn them over to guardians ami their sureties, rather than disturb such parties in actual possession. 5. Though the judge proceeded in term to entertain and pass on the petition it was really a chambers matter, and the va lidity of his proceeding was not affected thereby. 0. A new trial being granted, the decree in the case at bar falls, and it becomes un necessary to pass upon the exceptions to the decree or the motion to dismiss the writ of error founded on a separate billot exceptions as to the decree. As it was un- necessary, to say the least, to bring the exceptions to the decree in a separate bill of exceptions, the plaintiff in error mustpay the costa of that second bill. 7. The motion to dismiss for want of parties is cured by an amendment from ihe record, parties plaintiff being made, and no service being necessary, A The bunicn is on the defendant in er ror to show that the derk was delayed by counsel for plaintiff in error, or by the pleintitTs own conduct eo as to take the case out of the act of 1877, providing for eases reaching this conrt after return day. 9. Where a motion for new trial goes over to another regular term, and no ac tion is bad upon it, it will stand continued just as any other case in tiie court below. As cither party can call it up, if neither does both are at fault, it will be considered as passed over by consent, and the writ of error will not be dismissed for that reason, nor will the motion be ndjudgod os too late. Judgment reversed. A. D. Hammond, John I. Hall. R. F. Trippe for plaintiff; Lanier A Anderson, E. W. Beck contra. Conley vs. Hi ms & Blalock. Complaint, from CityCourtof Atlanta. Before Judge Clarke. Sales. Fertilizers. Inspection, etc. Jackson, C. J,—1. Tills case is con trolled by G3 Ga. 215, and G5 Ga. 12). Tho evidence shows a sale ot fertilizers not inspected, tagged, or branded as required by law, and there could be no re covery, whether the guano was worthless or not. Judgment reversed. A. A. Manning for plaintiff; R. J. Jor dan contra. Adair et al. vs. Davis. Equity, from Ful ton. Before Judge Hammond. Volun- tary settlement. Record. Purchase for value. Priority. Jackson, C. J.—1. A voluntary settle ment bv a husband on his wife, recorded not within three months from date as pre scribed by statute, code 1778, but actually recorded before a deed to a purchaser for value by the husband, will prevail over such last mentioned deed. 25 Ga. 276; 28 Ga. 405 ; 20 Ga. 210. Judgment affirmed. John Collier, Mvnatt & Howell, for plaintiff; T. P. Westmoreland contra. Huggins, claimant, et al. vs. Huggins, ex ecutor. Claim, from Carroll. Before Judge Harris. Gifts. Sayings of donor. Witness. Advancements. Hall, J.—1. Declarations of a party in possession, in favor of his own litle, are admissible to prove adverse possession. Code 3774. 2. Sayings of an alleged donor, made while he was in possession, inconsistent with a claim of a gift of the land in ques tion, were admissible against the alleged donees. 19 Ga. 107. 3. Where a claim was interposed to sale by an executor of a tract of land, which claim alleged a gift by testator, and valua ble improvements by alleged donees since testator’s death, one of the donees was an incompetent witness on the trial of the Claim, even to prove value of improve ments, He would not have been compe tent before the act of 1866, and he is within the provision of that act as to the testi mony of one, the other party to the con tract being dead, and his executor being n party to the suit. • 4. ’Where a will makes no provision as to advancements, it is only in coses of intes tacy that parties con claim them, or be compelled to account for them. Code 2579, 2582, 2583 and citations. Judgment afflcmed. R. 8. Burch, for plaintiff; Orlando Mc Lendon, P. H. Brewster, W. A. Turner, contra. McAfee vs. Covington et al. Equity, from Cherokee. Before Jndgc Hammond. Homestead. Tort. Contract. Judg ment. Constitutional law. Hall, J.—1. A judgment consequent upon an action for a tort grow ing out of the wrongful conversion of personal property, is not n contract with in the meaning oi the constitution of tho United States, article 1, section 10, which forbids a State to pass any law Impairing tbo obligation of a contract; and such a judgment dhtained prior to tho adoption of the constitution of 1863 will not prevail over a homestead obtained under tho pro visions of that constitution. Code, 2711, 2710, 272), 2727 ; 5 McLean. 172: 3 Burrows R., 1548; 21 Wall., 203 ; 7 Johns.. 477; 1 Litt. (Ky.), 326: 11 Maine, 281; 13 Wis. 311. 2. An uninterrupted and unbroken cur rent of authorities has settled that a State may pass acts divesting vested rights, not 'connected with and forming an essential part of the obligation of a contract, with out infringing the constitution of the United States. 11 Pet. 430 ; 8 Pet., 88: 2 Pet., 413: 32 La. Ann., 700, 714,717; R. M. Charlton's R., 324. Opinion of Warner, C. J., in 51 Ga., 482, cited and distinguished. 3. We do not pass on other questions made, especially as to effect of the home steader’s discharge in bankruptcy upon the judgment making the sale of his home stead. as we do not deem it necessary, and the effect of that discharge is immaterial here. Judgment affirmed. Newman A Attoway, W. A. & G. I. Teasley, G. R. Brown, tor plaintiff; W. T. Wofford, C. D. Maddox, It B. Trippe, contra. Hendrix, administrator, vs. Cawthom. Attachment, from Fulton. Before Judge Hammond. Attachments. Personal. Judgment Notice. Attorneys. Jackson, C- J.—1 A judgment in m tonam can be rendered against a defendant in attachment though the. attachment it self bo dismissed, when service is or notice given under sec. 8300 of the code. 2. Service or acknowledgment of service by the defendant’s attorney is sufficient notice to authorize such a judgment. Both these questions are determined by Buico vs. Loman Gold and Manufacturing Com pany, 61 Go. 700. 3. In this case the attorney who ac knowledged service, took out letters of ad ministration on the estate of defendant in attachment, and was made a party by his own consent and the judgment rendered against him as such administrator. Sure ly he cannot say in arrest of judgment that he had no notice. Judgment af firmed. George 8. Thomas for plaintiff; Speairs A Simmons contra. Georgia Railroad and Banking Company et id. vs. Smith et al., Railroad Commis sion et al. Equity, from Fulton. Be fore Judge Hammond. This case was here at the last term on an application for injunction. In denying tho injunction prayed for, it was held that there was no equity in the billon any of thegrounds therein set out. On the return of the case to the court below the bill was demurred to for want of equity, and the bill was dismissed. The Judgment dis missing the bill is now before us. The same questions of law decided before, in cluding the alleged violation of the consti tution of the United States in the construc tion put by the court below and affirmed The evidence which was admitted was 1 simply a statement by defendant that he wished he had broken every bone in prose cutor’s body and tlmt he was btftaced to feel so because he had been aggravated by f irosecutor since the difficulty. They were n no conceivable view so important as to make this case an exception to the general rule. G. W. Busbee, Gustin A Hall, for plain tiff*; C. C Smith, solicitor-general, Harri son A Peeples, contra. COMMERCIAL. COTTON MARKET REPORT BY TELEOiurn and Messenger. Macon, February 13—Evening. Liverpool reported steadier at 5 13-16 for middling uplands. Sales, 10,000 bales. Futures steady. Iu New York February contracts opened quiet at 10.70 and closed dull at 10.73-75. Bales, 52,000 bales. Spots opened and closed dull at 10%. Bales, 113 bales. / In New Orleans, futures opened steady at 10.37-38 for February and closed dull at 10.27-30 for the same month. 8alei, 20,500 bales. The local market closed in good demand. Inferior cotton neglected. Sales. 74 bales. Middling Strict low middling wZ Low middling ; Strict good ordinary Good ordinary 'J' l Ordinary gii Clean stains 9% Red stains KECEIMS. Georgia railroad 4 Wagon 17- 21 Receipts previously 65,024 Stock on band September 1,1883 2,502 7otal... MMMMMM . 58,537 SHIPMENTS. Shipped to-day.... — Shipped previously ......51,9M— 51,994 Stock on hand 6,543 COTTON MARKETS BY TELEGRAPH. LIVERPOOL. Feb. 13.-Noon.-Cotton Is steadier: middling uplands 513-16; middling Orleans 515-16; sales 10,000, for speculation and export 2000; receipts 30.600, American 20,600. Futures are quoted as follows: February and March March and April April and May A 58-64 May and June....—..... 6 63-64(%62-64 June and July J# 2-<W<0 1-61 July and August 6 644 August and Ser Futures steady. 1:30 P. M.—Middling ui Orleans 5JL Sales of American arc quoted: March and April .5 52-64 April and May ~5 57-64 July and August ~-6 5-64 New York, February 13.—The Post’s cotton article says: Future deliveries closed dull: February 4-100 higher and the balance un changed since yesterday. NEW YORK. Feb 13.-Noon.-Cotton dull; middling uplands 10%; middling Orleans 11. Futures, market closed dull; sales 52.000. Tho following table shows tho opening and i closing quotations: uplands 5%; middling merican 8550. Futures THE FOSS & PEVEY COTTON CARD, JNO. M. PEW, Pr prietor. UPWARDS OF SIX THOUSAND IN OPERATION. OVER 8EVEN HUNDRED IN CEORCIA .MILLS £G“ Reference, J. F. HANSON 7 , Azent Bibb Manufacturing Company,jMacon, Ga. CENTRAL FURNITURE HOUSE Nos. 60 and 62 Poplar Street, f N the front for the patronage of the poople, with aa complete and well aborted ntook " of Furniture, Carpets, Mattings, Oil Cloths, Shades, Rygs, MATS, etc., etc., as eat* be found in any Honse in tho South. I am determined to lead rather than to be lead in the matter of good goods and low prices. I Golf A-et .**•) good (’frur* for ■?-’7.*» “L’ttl*- IhM'ity” Bed Room Suit, seven i>UUl\a pieces for only $18 60. “Gein” Bed Room Suit complete ten (10) pieces fot only $28J9. ^‘‘Star” Fall Marble French Dresser Sait, ten piece*, tip-top good*, bound to please, $45.00, Parlor Suite, Loan *ee, Safea, etc,, 'awny down yonder.” Bend your orders to tho Oeiiti*al itui*e House ! For anything yon Deed from a 45 cents chair to a $1.50 bedstead, to a $300.00 Bedroom Suit, and I guarantee satisfaction. BENJAMIN SKAIOWSKI 'msmssm ~ CROPS. ALL PLANTS, 1 r ALT. tuup, ,»IATI •:. • : ) I- Y-v Cli-nfn ami I nnuScrd .Tlnnnnl; llutory »i; l lx-».t method* T 7 /vJTof culture of Or :l-. Root Crop#, !o.l ■ r Crop*. Trer« .:,v.v,, o.rY’VpY;:,:'. '«»««*• smirsseeos HIRAM SIBLEY & CO. Rochester,N.Y. Chicago.Hi 10.73-75 February March April May June July August.. September October November December NEW ORLEANS. Feb. 13.^-Cotton~ futures market closed dull; sales 20,500. Tho fol lowing table shews the opening and closing 10.64-56 March.... April H<M . May June July..™ I August...! September October November............ Decern Iter 10.60-61 10.29-38 ■ I 11.03-06 11.03-01 MM 11.11-111 lO.5S.fo UU Ml •Bid. NEW YORK, Feb. 13.-Cotton market Is dull; sales 113: middling uplands 1(%; mid dling Orleans 11. • ™ Consolidated net receipts 11,021; exports, to Great Britain 6959: to continent 250, GALVESTON, Feb. 13.—Cotton steady: mid dling 10%; low middling 101-16; good ordinary 99-16; net receipts 1187, gross 1187; sales 725; stock 57,923; exports, coast wise 3369. NORFOLK, Feb. 13,-Cotton dull; middling 1(% net receipts 1867, gross 1887; sales 471; Stock 40,731; exports, coastwise 286. BALTIMORE, Feb. 13.—Cotton quiet: mid dling 10%; low middling 10 3-16; good ordinary 914; net receipts—, gross 388; sales —; stoat 21,367; sales to spinners 80; exports, coastwise HBMiWRllni tm; good ordina ry 9T4': net receipts 184, gross 1»4; sales—; stock 8388; exports, to Great Britain 800. PHILADELPHIA, Feb. 13.-Cotten firm; middling 10%; low middling 10%; good ordl- UM|ry9%; net receipts 78. gross <V; stock 9753; ports, to Great Britain 2078. FbAVANNAH, Feb. 13.—Cotton quiet: mid dlfng 103-16; low middling 9%; good ordi nary 9%: net receipts 861, gross 853; sales 1300: stock 66.674: exports, coastwise 626. NEW ORLEANS Feb. 11,-Cotton dull; middling 106-16; low middling 10; good ordi nary r! a ; net receipts -iW7, gross 3457; calcs coat; stock 366," -8; exports, coastwise 1880. I MOBILE, Feb. 13.—Cotton quiet; middling 110%; low middling 10; good ordinary 9%; net receipts 658, gross 656; sales 500; nffi&SWhSKfiib mlddlinx 10%; low middling tgood ordinary 9%; ns< receipts 912, gross 1474; shipments £*sf; sales —; stock 74,0*1; sales to spinners 118. AUGUSTA, Feb. 13.—Cotton quiet; middling 10: low middling 9%, good ordinary —; re ceipts 163; shipments —; Mies 367. 1 a CHARLESTON, Feb. 13-Cotton steady: mid* dllng 10%; low middling 10%; good ordinary 9%; net receipts 718, gross 713; sales 70U; stock 60,862; exports, to Great Britain 3991., CITY MARKETS. [Meats!^AII points west have advanced fully [c to-day, closing much firmer at the advance, 18H4, the \ Mr Vfgrtable ud flower rilalane fw “ **- lit of thirty rear*’ r■ pcrl. nc- M . rlU bfHit free to all who applj. All my Swl U warranted to be frr»b -and Iran to mar.aofitrUit .hould It prove otherwise,! icm to refill order* gratis. My oolloctlon of vegetable Heed, o«e of the moot externalve to be found la any American Catalogue, la a large part of It of my own growing. Aa the original Introducer of Ecllpae Hcet, Burbank Potato* a, Ma ** ‘ * Early r ^ '* * * . the llubbard *ju ■nageoft vX In the garden* and on the furtna c t my seed will be found my beat «dv JAMES J. H. GREGORY. Seed Grower. Marblehead. Mata mmmaamwnaMwt' THE" THOMAS plmvIngH to cuiuratlng (roungi C otton, llliisstrmed l’mnplili-tM sent on applic&ti At. I NT- \\ \ \ !’ 1 l> in mi- -FUrt occupied Territory. Addremi THOMAS HARROW CO. bama lump lime Is In fair demand, and Is sell* Ins at ttjpna Mr bbl; Georxls ll.S0al.2S. Cuclncd plaster t2.wiil3.00 per bbl; hslr 40a50ci Georgia cement t2.i»; Louisville and Rosen- due cement |1.00a2.00; Portland cement |3.73a Liquors.—Full stock; good demand; Hour* bon tl.50a5.. r )0; rectified tl.ooal.ui. Ales un changed and In good demand. Nuts.—Tcrrsirona almonds 22c per lb; Prin cess paper shell 21c; French wslnuts 13.18c; Naples oceans Lie; Brazil Mo; Alberti —; cocoanuta $35 per 1000. Oils.—Market firm and In good demand: sig nal 60a60c; West Virginia black 17c; lard 94c; headlight 20a22c; kerosene 17c: neatsfoot 78c: machinery 35a40c; linseed C5o68c; mineral seal 33c; cotton seed refined 65c. Okions.—Yellow and red $3.50 per barrel. Fxirr.—Bananas, red, $1.60a2.00 per bunch; atfl surplus stocks having been disposed We quote: Bacon—sides 10%; shoulders, none, i Bulk meats—sides 10%; shoulders 8%. Hams very scarce at 14‘*al5%. as to slxe and quality. Laud.—The market is stronger; In tierces and tubs 10?^; 10 tbpaiU 11; 5 lb palls 11%; 3 tb nails 11 I Baogixo and Ties.—Market almost bare of bagging; stock of ties ample. Wc quoi follows: Bagging—2%ID* 10; 2 lbs 11%; 1- ins to brand and quality: pieced tics $1. BtriTia.—Market quiet; oleomargarine 22a 25c; gilt edge 29c; creamery 30c; country 20a25c; Tennessee GAUDY.—Assorted, In boxes 13c, barrels 11 Coin Birr.—Cooked, lib 1135; 3 lbs U.3S. Cuaua.—Higher; la good demsad a MMe. Corral.—Tb. market is Arm and prices ad vanced; ordinary 13c: fair ltUc; rood lff.c; prim.—; choice MaUUc for large Vila; Java, old government 22n2Se; Mocha Me. Floue.—Market steady and demand fair: We quote: Common fl.VMi.u); family [13.50a MJqcxtra family K.23; fancy 88.S0i8.7S; patent l)av Goone.—The market Is quiet; demand moderate; stocks ample. We quote: Print “ eSe; *. Geoegia brown L, ‘‘—■— *' 1 - tion pu „ by tliis court on the twelfth section of the act incorporating tho plaintiff in error, ivfo the only questions now made again. Tho case therefore Is ret adjudicata. J udgment affirmed. J. It. Camming, A. R. Lawton for plain tiff; C. Anderson, attorney-general, contra. Murphy ri. Tallulah Steam Fin Company No. 3. Equity, from Fulton. Before Judge . Practice. Demurrer. Dis missal of bill. Jacxsox, C. J.—Tlie bill in this case was made returnable to the fall term of Fulton Superior Court and was dismissed on demurrer at its spring term, prior to the time for legal action thereon by demurrer. "Code dial, 4191. To dismiss it before it was in for action is error under tlie sections of the code cited. Perhaps iu vacation it might be done be tween terms, under the code 247, 245, yet that should be, we think, after its return to the term to which defendant is sum moned to defend. That question, however, is not made here, inasmucli as the bill was dismissed in term,and not under notice to argue the demurrer In vacation under the sections just cited. 32 Oa., 670,672 is not in point. Judgment reversed. w. I. Heyward, for plaintiff; Hopkins A Glenn, contra, h McDonald vs. the State. Assault and bat tery, from-Dooly. Before Judge Pate. Practice. Evidence. New trial. Crim inal law, (#I!i.AxrriRD. J.—1. Where illegal evidence wrongfully admitted, but afterwards ruled out by <h« court, may have worked such harm to tho accused as lo render it proba ble that tlie withdrawal oi the evidence from the Jury did not licsl th* hurt, then a new trial will bo granted. Tills conrt in Hall vs. State, 63 Ga.. 36. intended to go to this extent only. Wc think such harm was done in this case. Judgment re- versed. Jacxsox. C. J., dissenting. After illegal evidence was admitted in this case, it was ruled out on objection of defendant’s at torney, and the court told the jury not to I washed Maine- washed’ssaiic: bur regard IL The court followed the practice I Wax 23c. Talliw i?. commended in Hall v». the State. 65 Ga Laxoxa.—Higher: good det 30, | Lute, CAicurxo Paaatsx Akd> CEXIXT.—A fJ.oua.'VO. Osanois—Market weU supplied, but no demand. Florida selling at 8L»rper crate. Arrets.—In good demand and scarce. Fancy lock 85,80. Pickles.—Pints 81.55: quarts 81.75; halt bar rets, plain and mixed, 87.00. Potato ts.—Good demand for new potatoes at 82.SOa3.00 per bbl. Raisins.—Fair demand: market steady; new layers 8AM per box: new London layers 83 per box; loose muscatels 8AM. Rict.—Good 5c; prime 0}4o; fancy 7c. STARCH.—Refined pearl boxes 6c; do. 1 tb boxes 8c. S-iRruNts.—Quarter boxes American 87.25a 8.00; imported 113.50. SALT.—The demand is moderate and the market steady; huge stock: Vtigtula 81R1.35; Liverpool 81 i by ear load these prices can bo Susaim. -The market Is quiet; crashed O'Jc; powdered %c; granulated tl^c; A 8Wc; white extra Cbifc; yellow TJiaso Svaur.—Florida aud Georgia syrups IJalV; Loulriana^nod S5*40e, prime 46c, choice 50a mulss.—About four car loads In tbo mar ket* trade good; llOOalM, GOLD MEDAL, rARI8, 13:8, BAKER'S Warmntad absolutely puro Cocoa, tr^ax which lb« < xcctx of < ’’I ' ■)* ’ • • -1 j' ’ll S' 1. !’. ! {‘.red limes th* strength ot Cocoa mixed with Burch, Arrowroot or Sugar, and U therefore fiur more economi cal. It is delicious, nourishing, strengthening, caalijr digested, a.i>l admirably adapted for invalids as well ss fit person* iu beshh. Sold by Grocers everynhert- SINGES & CONARD CO S BEACTIFCL E V RK.H 1.00 It LX G Tlie only estsbttnhrrvnt mnkina BUSINESS of ROSES. «0 LARCE HOUSES tor ROSES alone. We GIVE A WAY, iu Premi ums snd Extras, more ROSES thsdraast irU'i- luhinents grow. Btronir lvjt l isnut snlublefor Imm'-. t! »Us bltw'tm iIpIi re red mu elf, pOMti'SJ.l t>>&ny itoet-otfire. Bsrieodid \srii-ti**,your cho-ce,alt latle!nl.f->r fi|i 12 lor S2i JO for f3; 22: rSAj safer S9t 75ror n i NEW CUIDE, • / ;« ... ofcc^iE SjOOmSSdco. 11 ^ 1 ‘ Bss* draw***, Wmi Orare, chour <v, fa THE BEST OF ALL LINIMENTS FOR HAN AUD BEAST. For morn than a third of a oentmy the Mexican Mustsng IJalnsathsiWi known to millions all over the world ns tho only safe relianoe for tho relief of accidents and pain. It Is a medlatne above price ana praise—the beat of Its hind* For every form of external pala tho MEXICAN MUSTANG Linimor 4 la needed bo oaomh0& m lo subdc :U, of rhssmstk sMrtdM is store . or a vsissbl* here# m wr saved by th healing power u< (Ml LINIMENT which ~nc«><*Uy cares Stub th« IK. MAI. FLESH M emd Nrslils. Ca,** Urr.]|i| ill Npr*!u~, H llzLHI IMttft «sd Ntingh, FtltfifCM, XsA.ua; news- Old Nor#*, trierrs, I'roilo* er, HllVoili Nor* nipples, Caked BnnaL sad Indeed - scry ter tr of CitinMl Al* ease* It heals wlthost soars* For the Bairn Cbeatiok it cortO Sprslna, Swlsnr. Irilitl Founder IIsnwM Meres. ITtnf Ism •eses, Fi>ot Hot. Sernr Worm. Reek. Hull} .0 lions fierslchtt/nlad- i. Spavin, Tiussii, )llr|ksa», So* *•* Pell ISvl), Film MM (he Mcht and every <*4k> r slisKi^f to which Use eecapants et tbj Nteble end fitssk Ksrd sue lUfck*, The Alsxlesus M—tang tArnhssmm always cares and never dhuiupulnu, tod It Is, posldVStft THE BEST LINIMENTS FOR XAN OB BEAST. •» • • « - --b I'.l IW II . 4*4 brown sheeting 6%c; wmHHPH 9%c; checks 7s7%c: yams, h5c for best makes; brown drillings 7%a8%c. Fish.—Market unchanged, except on small Ss. which are lower. Our quotations are for full weights: No. 3 mackerel, bbls. $6.50, half ^ bbl*. fl.'V), quarter bbls. $2.50; kits 65s 70c; No. Sri 2 mackerel, bbls. $11.00, half bbls. $5.75^ qua: is« let bbls. nMkits SSettc; No. 1,bbls.feoo, ' slf bbls. to.25, quarter bbls. $3.50, kitsMca l.O). Herrins—No. 125c per box: scaled S5c. oj Sato,-. Whl'.u aih—No. 2, halt bbU.8s.ul, family $5.00. I Grain.—Com—market higher; stocks light: good milling com 75c by car. 78fJB0o in small lots. Oats—good deman-1 and higher; wc quote: Western 53a55; Georgia rust-proof 73a75; Texas rust-proof 75*80. Bran tl.97al.10. IIa ebw a ax.—Market good. Hone *hoea $5.00 pr keg. Mule shoe* $100. Iron bound hames P.50a5.00. Trace chains 45*50c per pair. Ames shovels $1100 per dor. Flow hoes 5*6%c per I^Halman’s plowstocks $1.25. Axes TLSOc. . j per keg. Blasting powder $3.00. Lead 6c per Tb. Drop shot $1.65*1.90 per beg. Barbed wire i%a7e. I Hay.—Market well stocked; fair demand J muote at wholesale: Western timothy $1.13* 15; small lots $L26. Hints, Wool, etc.—Hides—receipts light; dry flint 8*12; railed 8*10. Wool nrajjjgMraM I f/J ATTEND THE ay* Vour*!- 1 Of Kentucky University, LEXINGTON. XT VILBUR R. SMITH, Leilngtov AGENTS SS Reflecting Safety Lamp 'hichcan ba* »«)Id in «\»ry family.^ . L*a>|» mil ftir BtSr re*U la h*re i.(h«r ibuktrhultl Article*, fef.dfur ttrcuUrv F0RSEE A McMAKIN. CindnasUa Queen thf South « rCEIA EUE FARM MIL S F.r . k rw.j cr M«si Us 1C.OOO IXT LTCE Simrscn k Gault Wfg Jd S JCCV.8- ft »• fr*AD* ttiLiCj. CiilCLNXAlJ. O.