davidaulloa/AmericanStories huggingface dataset:
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
SENATE BILLS.
HOUSE-FORTY-FIRST DAY.
MONDAY, February

MONDAY, February 21st, 1876.
Mr.. Speaker Street in the chair. Prayer
by Rev. Mr.. Zealy present 80, absent 26.
Leaves of absence were granted Messrs
Dyer, Fortune, Crum, Watkins, Miller,
Hicks and Edwards (col)
By Mr.. Baker: To extend the privileges
of the House to Hon, Frank Hawkins, OF
Montgomery; adopted.
By Mr.. Baker: To amend the corporation
act of Huntsville, Montgomery county
passed.
BY Mr.. Lester: For the relief of Joseph
Newberger, of Yalobusha.
REPORTS OF COMMITTEES.
Mr.. Tucker, chairman, on the part of the
House, repOrtedIa bill re-districting the State
into Circuit and Chancery Court districts
Mr.. Lester, chairman, reported: To re-
incorporate Canton; to amend the charter
of Ripley-with amendments; to incorpo-
rate the Marshall County Banking Com
pany-with amendments; to Incorporate
Lebanon High School, in Lafayette county
with amendment; to amend the charter
of Satartia-with amendments, and recon-
mended that they do pass also, to empower
Canton to build sidewalks-with the recon-
mendation that it do not pass.
LAWS BY APPROVAL.
The Governor informed the House that
he has approved the following House bills /;
W dANh OAhSicbAc III tAlC VI PROCESS
to amend the charter of Scooba, kemper
county; to ascertain the outstanding IN
debtedness of Newton county; to change
the limits of Beauregard; to incorporate the
banking house of Lewis, Bishop q Co.; to
authorize Carroll county to issue bonds: to
provide for the payment of Marshall county
warrants, and to pay S. j. Reid, Superin-
tendent of Education in DeSoto county, his
salary for July and August, 1878.
The Governor returned to the House.
without his approval, the bill to amend the
act to fund the floating debt of Bolivar
county.
SPECIAL ORDER,
5. b. to provide for. the approval of the
official bonds of county officers was taken
up-the committees amendment to strike
out the section which requires members of
Boards of Supervisors to give So 500 bond
Mr.. Jarnagin moved to go into Committee of
the Whole; lost Mr.. Percy offered an amend
ment grading the amount of the bonds from
small amounts for small counties to large
for large counties. The amendment was
discussed at some length. Mr. Tison moved
TO table the amendment; carried; yeas Is.
nays AZ, absent 30-and the bill passed
MI. Featherston announced that the
Ames Investigating Committee would re-
port TOMORROW at 10 o'clock.
Mr.. Hebron moved to adiourn until
Thursday; lost; and the House adjourned.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
zeal INTELLIGENCE.
SUPREME COURT OF MISSISSIPPI
Cases Decided Monday, Feb. 81.
,,D,ppD FOR THE CLARION BY FRANK
JOHNSTON, ESQ.
y. C.. Spight vs.. Isaac W aidro"
On;o;on of the Court, By SIMRALL, D.

Opinion OF the court, 0g '0imhAHN'
This was a bill in equity by Splght
AGAINST Waldrow, tor PARTITION OF tract OF
Lind or for sale, and division of the pro
caads claiming an undivided one-thlrd m
forest in the land. Waldrow was In pos
session. holding adversely under claim OF
title TO the whole tract. Spight had puf-
chased an undivided one-thlrd interest at
execution sale under Judgment rendered
AGAINST one Tatum. There was evidence
on the point that Tatum had no title; ana
the validity of the title set up by Splght was
denied in the answer. The only ques-
tion considered by the Supreme Court was
whether the Court of Equity had Jurlsdlc-
ton. Held: :4 ;;
[. The rule as to PARTITION In equity Is,
that this remedy is not framed on the pred
icate that the complainant may lltlgate ana
establish his right against the defendant,
and then, in the same proceeding, nave a
partition or sale, The general rule Is,
that the com plainant, where his title Is de
MED, must tirst establish its validity at law
ii. The remedy is also based on the the
orv of a Joint possession. In the case at
bar. even il the sale under the Judgment
vested the title to a third interest IN the
complanant, the defendant holding ad-
yerst, possession under claim of tile to the
whole tract, then the complainant only had
a right of entry, and should obtain actual
seizin before he can demand partition. AZ
frn1ed.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
MISSISSIPPI LEGISLATURE
sENATE-couRT OF IMPEACHMENT.
MONDAY. February q, 1876,
DAVIS cAsE-sEcoND DAY.

MONDAY, February Il, 1915.
Mr.. Carter moved that committee be ap-
pointed to request Judge Simrall 10 return
TO the Senate to swear those Senators VINO
were not sworn on the first day; carried; ;
committee-Messrs. Carter and Everett.
Judge Simrall made ms appearance anu
administered the oath TO Senators Garter
and Smith.
The Serpeant-at-A Arms announced the
arrival of the House of Representatives.
The Sergeant-at-A Arms called the defend
ant Lieut. Governor Davis. N
The following communications was read
by the Secretary:
Mr. PRESIDENT AND SENATORS: The I'M
dersigned, Lieatenant-Governor of Missls-
sippi respectfully notifies this honorable
tribunal that he has retained as counsel III
his defense on the trial on the articles OF i'm
parchment, ETC., the following named gem
tlemen Messrs. j. >. Morris, A. w. Brleh'
| Spears and Fitzgerald.
| Respectfully, A. n. LA h'
! Counsel Morris asked for thirty days
| time to file an answer to the articles.
| The question was argued by the mana
gers. the counsel and several Senators.
humber of orders were offered, and hnally
| the following, by Mr.. Catchings: mat the
respondent file his answer to the articles OF
impeachment on Friday. the 18th day oil
February, at 1917 o'clock, A. NJ, and that
the managers on the part of the House OF
| Representatives file their replication Oh
Saturday, February 10th, at 1O1a o'clock
and that the trial of Alexander *. Davis
upon the articles of impeachment, eXhl6,
tied by the House of Representatives, shall
commence on Friday, the 3D. of March
1876, at 1912 o'clock, A. NJ, was ordered Dy
the following vote.
YEAs-Messrs. Barry, CallicOtt, Carter
Catchings, Chalmers, Everett, Fewell, titz
Gerald, Foote, Furlong, Graham. Gray
Griffin, Johnston, McCaskill, Mcneil, Men
denhall. Nets, Morgan, Oldham, Pratt
Reynolds. Shirley, Sims, Smith, Stewart
Stone, Taylor, Terry, Thompson, Thornton
and Tuttle-32.
NAYs-Mr. Albright-1.
ABSENT AND NOT VOTING--Messrs. Allen
Hooker, Mcclure and White-4.
And the Court adjourned.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
Democratic Reform

Among the reductions which have
been, or will be made, in the national
government expenditures by the Demo
cratic House of Representatives, are the
following: $4,000, 900 on the River and
Harbor bill, $5,00O,0 900 on public build
ings, $4,000, 900 on Notifications, So
600, 900 on the Legislative, Executive
and Judicial bill, S1,000,000 on In
ternal Revenue, and 50 on through all
the bills. The Committee on the Inter-
nal Revenue Bureau, has made sweep
ing reductions. The number of Collec-
tors are to be reduced from 161 to 105,
making a saving of 100000. 1t is de-
cided to abolish the ten Supervisors,
making saving of S136, 900, and to cut
down gaugers, storekeepers, agents, etc.,
thus saving S250,000. In the matter of
stamps, printing, paper, etc., $4,000
was saved in all cut-down of 81 ,O56,-
600. 1t is estimated that the entire re-
duction;will amount to $40, 900, and
is within fraction of what was required
to defray all the expenses of the govern
ment before the war. This looks like
business, and gives us hope that the ma
Jorlty will yet reclaim themselves from
the consequences of the blunders com
mitted at the earlier stages of the session.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

Mr.. BRoMBERG, Conservative nomi-
nee for Congress, in Alabama, contested
the seat in Congess, Of HARRISON Color
ed, ) on the ground that the latter bribed
his way into the body with government
bacon. Notwithstanding there were some
suspicious circumstances in the case, the
Democratic Committee awarded the seat
to Harrison, darkey, from which, it
appears, that they did not look into his
face to see the color of his skin, in deter
mining the issue.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
jackson, January 16, 1876.

EDITORS CLARION: Being a man of peace.
Teor that my former communication is
ABOUT to get demand" for explanation f
may Judge from the article of I'M. Wes-
son i'll your WEEKLY of 10Th inst | also fear
That my crude ideas of constitutional law are
TO be overturned by the illegal opinion, o f
Messrs. Harris q George; of course I cannot
stand demand for an explanation and of
course the Constitution cannot stand the
legal opinion" of Messrs. Harris q Georoe
ana so will have to give up the argument
both as to fact and law y
Learning from j. M. NELSON'S article tb q +
England is about as large as Rankin conn
~ ana as there are about 20 counties in Mis-
slsslppi, 60 for making every county az
great, wealthy and populous as England
anu every county seat a London and every
depot Liverpool, by exemptine straioht.
OUT all property from taxation. The State
dhu counties will be so rich when this ex
eu ptloh system is inaugurated that their
governments can be run without taxes -.
tue necessary funds can be raised bv tinan-
ciering. 0S .'nan-
L. ,. Since writing the above have ra-
n aTireo 70 my map Git is ahard-shell one how
e ed ana may not be up to the times) and
ma that England contains $4,000 s1nare
l n!iIles, Whlle the whole 20 counties of Mis-
ts5lppl, contains only 1900 square miles :.
50 give up the idea of making an ENGLAND
OUT OF every county, $50
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
congressional District bill.

The following is the bill introduced
into the Senate by Hon. j. r. Chalmers,
re-arrangIng the Congressional Districts.
The bill considered, whether with refer
ence to geographical propriety, or the par
amount sheet of securing to all interests
and parties fair representation, strikes rs
as worthy of adoption by the Legislature
POSSIBLY some changes might be made in
minor details, but We speak of the meas
ure IN Its essential features, and the
chief end to be attained in remodelino
the Districts:
FIRST DISTRICT - Tishominoo AL.
corn, Frentiss, Pontotoc, Lee, Itawamba.
Monroe, Chickasaw, Coltax, Oktibbeha,
Lowndes.
SECOND DIsTRIcT-Tippah, Union,
Benton, Marshall, LAFAYETTE, Y alobusha
DeSoto, late, Pamela, Tallahatchie.
THIRD DIsTRIcT-LeAore SpnAowar
Grenada, Carroll, Montgomery, Calhoun,
Summer, Choctaw, Winston, Noxubee.
kemper, Neshoba, Alfalfa.
FOURTH DIsTRICT-Holmes Mad;-
son. Leake, Scott, Newton, Lauderdale.
omlth, Jasper, Clark, Wayne, Jones.
18TH DISTRICT - Kinds, Rankin.
Sopiah' simpson, Covington, Lawrence,
Amite, Franklin, Pike, Lincoln, Ma,
ron, rearl, Hancock, Perry, Greene.
Sixth DIsTRrcT-Tunica, Coahoma
Bolivar, Washington, Issaquena, Yazoo'
Wilkinson. '''
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

JUDICIARY-Messrs. Feathersrr
son, Jarnagin, Muldrow, Reynol !
dale, Hall, Jayne, Clifton, Spiglt mil
saps.
WAYS AND MEANs-Messrs. T,,|
den, Sykes, Leigh, Powell, Turrr \
YellowIey, Mccormick, Cessor, .oI
Shattuck.
On PUBLIC EDUCATioN.-Mr GA
chairman; Messr>. Guyton, Jones' Of I
Gibson, Clay, Wilkinson, ellis, AID
Vaughan. (col.), Edwards, (cOl. ),u
ton, (coD.
PENTTENTIARY.-Mr. Powell, I'D
Messrs. Tucker, SOuthworth, HarW
OF Franklin. Mallory (col.l and Hq~
REGISTRATION AND ELECrIoY.-hI
ley, chairman Messrs. White, Stg
drich, McNair, Nelson, Hicks, Jos
of Issaquena and Parsons.
CoRPoRATIoNs.-Mr. Lester, ch1
Messrs. Dyer, Watkins, Miller 4
Saunders, McLaurin Of Smith, jacob
and Carter (co!.) of Warren.
BENEVOLENT INsTITUTIOYS.-Nt
an, chairman; Messrs. Warren, N.R|
Tison, Erwin, Massingale, Hall, D.
Young (col.)
RAILROADS. - Mr.. Percy, cl1
Messrs. Troup, Tucker, ShrOck, Jda
Itawamba, Johns, Garrett, Garter \
Warren, and Riley (col.)
CLAlMs.--Mr. benson, chairman
McCargo, Floyd, McLaurin of JaEI
ley, Drake, Pound, Crosland and Y
(col.(
PRINTING--Mr. Harper, chairman
Carter of Holmes, BlOunt, Hicks ~
Lawrence, Bridges, Meade, JenAA
and McNeese (cOl.)
FEES AND SALARIES. Mr.. "a
chairman Messrs. Dabney, Crun
Horton, Warren, Campbell, Mems
Brown.
APPROPRIATIONs.-Mr. Rodgers
man; Messrs. Stebbins, Trice, Ha.-
Jagers, Gowan, Boyd, Floyd al.
[coD.
FEDERAL RELATIONS 49, Mr. \
chairman Messrs. Jarnagin, sham
and Parsons,
CONTINGENT EXPENSES. - NJ
chairman; Messrs. johnson Oh
Deer, Fortune and Sanderlln' you
AGRICULTURE.-Mr. Hogan n
MessRs. Erwin, Guyton, PennlDs'
sey, Pound and ChileS (cOl.).
COUNTIES AND BoUNDARIEs-I ~
of Franklin, Chairman; MessE
Shelby, Dear, Bassett, Fairy |
Huddleston and Mallory (coIr
INFRINGEMENT AND Reform
tune, chairman; Messrs. AldTlch
of Smith, Bean, McWhorter, BO!u~
saps.
PROPOSITIONS AND GRIEViN1A
Leigh, chairman; Messrs. He OlOT
Bean, Watkins, Gayden, ShaI-acA
Holmes, and Spigbt.
PUBLIC HEALTH AND QUARN,I
Shelby, chairman , Messrs.Car1'e'
ellis, Rowan and Young (co"j
PUBLIC BUILDINGS AND GRo."
Mccormick, chairman; Me,'pls ..
Mclnnis, Campbell, Parker, ~
and Brown {Col.)
MILITARY AFFA1Rs.-Mr S s2D
chairman; Messrs. Hebron p b
johnson of Winston, SouthWOi"
roe (col.)
ENGRossED BILLs.-Mr. MC'Ts
man; Messrs. Dabney, Dyer
Hussey,
JOINT STANDING cONN1HD
ENROLLED B1LLs.-Mr. Meads
Gibson, Baker, McCargo' o.
(col.)
EXECUTIVE CONTINGENT ,,,s.s
Stebbens, chairman; Messfs' 'OI
Crum, Gayden and Jacobs (co"'
STATE LIBRARY.-Mr Clifton
Messrs. Jayne, Amacker
Shattuck.
UNIVERSITIES. - Messrs. Isgs
by rd of Lawrence, Clay anu IN
ImMrGRAr1ox. : johnson Of a.b y
Johns, Bridges, Saunders
Cessor. ~
NEUTRALITY-SUSPICIOUS. G'IT rs
Walden, Hogan, Wilkinson AZ"
UNFINISHED BUSINESS
benson, Sykes and Edwards c9
MISSISSIPPI LEvEEs.- PefcDl: "
Southworth, Campbell, NiVHV
and FitzGsrald.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
SENATE STANDING cOvvInr'

JUDICIARY-Nr. TAYLOR d.
Catchings, Reynolds, JobnsS,hnaa' raa,.
and Everett. "l S'onr Ao,,
FINANCE-Mr. Graham al.
Allen, McCaskill, Smith and Cue can
AGRICULTURE, CoNuro
TUREs-Mr. Mcneil. cbairnah AND \
colt, Hooker, Griffin and Stew lr As,e
EDUcATIoN- Mr.. Foote cb.. WY
Catchings, Sims, Smith. and d"WVili MN
PUBLIC WORKS Mr. o..
Messrs. Thompson and Sbirlar,'eef all
PRINTING - Mr.. FitzGo..,
Messrs. Barry, Oldham, JobnSa,lol as
RAILRoADs-Mr. Furlone cha,
Allen, Foote, McCaskill and T ~,@a
CLAIMS : Mr.. Nets, Chain
Graham, Thompson, Smith and T V q
M1LIrIA-Mr. Furlong, chair,,..
Mendenhall and Hooker. lAa, /
FEDERAL RELATIONS NJ
chairman; Messrs. Feweu IT,. Va
erett and futile. 41O'l.a,
COUNTIES AND COUNTY Bor,,
McCaskill, chairman; MessTsS SolAll,
er, FitzGerald and Smith. Oa''s
PENITENTIARY AND PRIsov. =.
chairman; Messrs. Callicott Mt
tie, Terry and Mcneil. ''''''i
HUMANE AND BENEvoLEy7 IT,.
Mr.. Johnston, chairman VI0,"',
Thornton, Furlong and Everett ''S'N
PUBLIC LANDs-Mr. Sims cb.i.
Nets and Griffin. ''' ll'N
CoRPORATIoNs-Mr. Cbalmor,
Messrs. Barry, Thompson. Grim as
(cOl.) ''DD w
COMMITTEE ON ENGRosSrn D.,
Mendenhall, chairman: MeSsrs ny =
Thompson. i''
Senate Joint COmmi,,.
EXECUTIVE CONTINGENT Fryn-u
chairman; Messrs. Nets and N,ci,.
ENROLLED BILLs-Mr. Hooker
Messrs. Carter and Pratt. va
STATE UNIvERsITIEs-NIr Sim, a.
Messrs. Callicott, Griffin and Cboin-"'
REGISTRATION AND ELECTIoy-\I,p
chairman; Messrs. Catchings ny
Pratt and Barry. "
UNFINISHED BUSINESS Mr. Nn.
chairman; Messrs. Oldham and Nrc-
BANKS AND BANKING-Mr. Stone a.,
Messrs. Hooker and Steward.
CONTINGENT EXPENsEs-Mr Ney.s
man Messrs. FitzGerald and White
INN 1GRATIoN-Mr. Johnston. ,l
Messrs. Terry and futile.
LIBRARY-Mr. Thompson, chairman
Oldham and Furlong.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

THE CRYSTAL STRINGS MIRROR is a
new Democratic paper by Messrs. j. ).
and f. S. Harris. Their experience
and capacity are shown in the excellent
makeup and editorial ability displayed
III its columns. Under their manage
ment, it could not be anything else but
thoroughly Democratic in politics. We
wish them success.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
SEN FIRST DAY.
MONDAY, February u, 1876.


Mr.. President Stone in the chair. Abb
sent Messrs. Allen, Hooker and Mcclure )
Mr.. Mcneil moved to call up ii b. to
define the limits of Oxford; carried; and
the bill was referred.
REPORTS OF COMMITTEES.
Mr. Taylor, chairman, reported: s. B. to
allow judges of the Supreme Court to re-
tire from the duties of the office on account
of age, etc., and recommended that 1t &c
pass.
Mr.. Johnston offered a minority report
that the bill do not pass.
By Mr.. Chalmers: That the Committed
on salaries of employees be instructed TO en-
quire whether or not The salary of the Sec
rotary cannot be reduced without detrimen'
to the public service; adopted.
INTRODUCTION OF BILLS.
By Mr.. Morgan: For the relief Of Mrs
Ann j. Saunders, of Tunica county; re
ferred.
By Mr.. Reynolds: To amend the charter
of Aberdeen; referred.
By Mr.. Chalmers: To relieve the lower
| part of COahOma county from Levee DIS
| trict No. /; referred.
| By Mr.. Thompson: Relating to the cost;
of records and appeals to the Supreme
| Court.
Mr.. Allen was granted leave of absence.
Mr. White moved to take up III. B. to pro
| vide for the assessment of property in Will
kinson county; carried; and the bill wa!
| referred.
SENATE BILLS.
| To allow judges of the Supreme Court tC
retire on account Ofage, etc., was taken up
| pending which the hour arrived for the con
| sideraton of the Davis case and the Senate
resolved itself into Court of Impeachment
! The Court adjourned.
| Mr.. Carter for the Committee reported
the presentation to the Governor of num-
! Der of bills.
| Mr., Catchings moved to take recess
until ~ O'Clock P. NJ. Mr.. Gray, to Z
| O'Clock, p. NJ Mr.. Smith moved to ad
journ carried, and at , 80 o'clock the Sen
ate adjourned.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

THE following are among the stock
holders in the Seneca stone quarry, from
which large quantities of material for
Government buildings have been taken
u. S. GRANT, Gen. Dent, Surgeon
General Barnes, William II. Seward, b.
B. Washburne, Caleb Gushing and b. b.
French
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

UNDER the administration of Gov.
Coke the State tax of Texas has been
reduced from 81 80 to 80 cents on 500,
a debt of 81, 5000 has been paid, and
there is $500, 900 in the treasury. 80
much for Democratic rule.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

RECENTLY member of the British
Parliament was unseated under the
"bribery act" for promising to pay on
election day the railway fare of his sup
porters.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

EDITORS CLARION: / notice that in Tn,
CLARION of the 10Th, in reference 70 Do
W. norwood, you stated that he was for
merry assistant Postmaster at Westyille
Inls Is a mistake. Geo. w. Norwood neva ,
nau ahythlng to do with this office what
o S l am assistant Postmaster at this
place, and my name is not Geo. W Norw e,l,5
e e;a 1ou will please make the eorrec.
.Ioh In your next issue. G.. ". Nor,oood
'o1 Is assistant Postmaster at Ut. Zion.
oals truly, A. G. BERRY. Jr.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

THE Wisconsin Senate has passed the
bill providing for the taxation of church
property. The measure may answer IN
Wisconsin, but would not suit this lat
itude.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

II VIII be seen from our Legislative
report that the trial of Lieutenant.Gov-
efnor A. X. Davis, impeached of the
crime OF bribery in office, will commence
on the Sd of March.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

The Southern immigration Conven-
t;on commences its work at New Orleans
on the 1st of March.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
Horn, Tax Collector. VS.. - * Il.
Green. No. 1858

Re-argument allowed on one question,
viz: Whether the action of the Board of
Supervisors, in approving the assessment
rolls, was conclusive on j. d Il. Green. The
decision of all other questions already de-
cided, to remain unaffected.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
w. ID. w Hey vs.. HE Town
AIbaRy-NO. 1900.
Opinion oftbe Court by TARBELL, J

Opinion oftte Court By TARBELL, j.
There was a judgment against Wiley at
the suit OF defendant in error, rendered by
the Mayor of New Albany, who by law was
er-otfciO Justice OF the Peace. Wiley APP
pealed to the Circuit Court, where on motion
the appeal was dismissed, and leave to
amend the affidavit for appeal was denied.
|, is not shown by the record whether the
conviction or judgment was for a viol ltiou
of "a town ordinance or law of the State.
Held:
L. The right to amend the affidavit is
clearly given by statute.
II. If the offence was against law of the
State, the right of appeal existed; it, how
ever, it was against town ordinance, then
the right of appeal, unless allowed ex-
pressly by statute, is doubtful. The nature
of the case not being shown by the record,
the Judgment of the Circuit Court is pre-
sumed to be correct. Affirmed.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
McCarIey VS.. Thomas FieId-NO.
1857.

Opinion of the Court by FARRELL, j.
McCarley sold certain lumber to Thomas
Field on his credit. Thos. Field afterwards
sold the lumber to Mrs. Catherine Field,
who used it in the erection of building on
her land. McCarley filed a petition against
Thos. Field and afterwards an amended pc
ttion against him and Mrs. Field, to enforce
a mechanics lien on the land and buildings.
Held
[. The plaintiff in error having sold the
lumber to Thos. Field on the credit of the
latter, and there being no priority of con-
tract between Mrs. Field and the plaintiff
in error, it follows that the latter had no
lien on her land for the lumber thus sold
II. If the case rested on the theory that
Thos. Field was acting as the agent of Mrs.
Field then the remedy is barred by the six
months limitation, the amended petition,
being the commencement of the suit against
her, not having been filed within the six
months required by The statute affirmed.
w. ID. Wiley vs.. The Town OF New
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22

Mr.. President Stone in the chair. Abb
sent Messrs. Allen, Hooker and Mcclure ).
Mr.. Mcneil moved to call up ii b. to
define the limits of Oxford; carried; and
L. L.