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

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    SUPREME 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.