davidaulloa/AmericanStories huggingface dataset:
The comet., 1879-02-01

who shall collect money by virtue Oh an
execution, and shall not ''impedhia.eiy pay
the same to the party entitled thereto, OF OF
his bis attorney, on demand made, is liable to
summary proceedings for the money and
. The language authorizing garnish'
ment is brood enough to embrace Consta.
hles and a Constable who has collected
money by virtue of an execution, is In
dqSted to the plaintiff who has right tc
demand immediate payment thereof.
3. The cases denying that Sheriff may
be garnlshed and held liable as such fol
money collected by him, by virtue OF an
execution do not rest on sound principles
as applied to such officers in this State.
A. A Sheriff and Constable occupy like po'
sitions, and are under similar obligations as
to executions in their hands and money col
lected by virtue of executions and we hold
that Constable may be gurnished tol
money he has collected by virtue of an exc
cution, and which he is bound to pay ovel
to the plaintiff in execution.
Judgment reversed and cause remanded
The comet., 1879-02-01
New Advertisements.
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The comet., 1879-02-01
HER STORY.

Lion Follet and I have been raised
/ together. l had received most marked
attention from him, but I never dream
ed of marrying him, for he had mother
and sister depending upon him for a
livelihood. Phil. Hodge, whom 1 had
known few years, courted me. I ac-
cepted him, and my admiration for him
| tempted me to believe 1 loved him.
The night of our wedding, Lon and I
were sitting little apart from the
crowd; our conversation was only of
ourselves, and l confess then felt Lon
loved me, and he was more of my hap
piness than 1 had ever dreamed. Phil.
Hodge overheard a few words and saw
our earnest manner. When he came
to my room he found me dressed still
as was when l left the parlor, and
showing his surprise, asked me what
was the matter with me, to which 1
answered, as indifferently as possible:
Nothing. We exchanged several COM
monplace remarks, after which he asked
me quite harshly: 'Addie, did Lon Fol-
let ever tell you he loved 2 answered,
No What was your conversation to-
night ? His eyes were upon me l
dared not tell aught but the truth; they
seemed to pierce me through.
TOLD THE WOULD TRUTH,
And when l had finished he said with
coldness, calmness, and stubborn reso-
luton, 'Addie, you love Lon Follet he
shall marry you. We will never meet
again begged him on my knees not
to leave me, but it was of no avail.
When the dawn came he kissed me
goodbye, and with God bless you,
passed out from me forever. My feel |
ings were indescribable, the room was
horrible in its darkness, my mind lost |
its reasoning powers, and thus passed |
many weeks. Through mutual friend |
/ heard from him often, of his wander
ings, desolate life, and death upon the |
frontier. Well have our blighted lives
paid the penalty of this false step. |
When Lon heard of his death he came |
Immediately TO see me. / refused to |
see him. Then he wrote long letter. |
telling Of his love, his never forgetting
me an hour these long years, and l |
have consented to marry him; but we
will not meet till our wedding night.
January 9, 1879"
The comet., 1879-02-01
NJ. w. Polk II Co. J
VS.. mo. 1888,

| OLIVER FINNEY Il Co.
| Polk and johnson did business as part
ners under firm nome of NJ. W. Polk 20
After the dissolution of the partnership
johnson continued the business and took on
license under the old firm name at a dliler'
ent place from where the old firm did busl-
| ness. Polk hearing that Johnson was
usno his name demonstrated with him on
his conduct and forbade the further use OF
his name, and gave special notice to, each OF
the old dealers with the firm that his cons
nection with it had ceased, but gave no
notice to the public generally.
johnson continued the business as before
and under that name bought goo,.s OF FIN
uey &c Co., who sue for their price. 1t rs
not shown that Polk knew that johnson
persisted in using his name after he had
Forbidden its use. and it is shown that +.
& Co. had never been creditors or dealers
with the old firm during the proper period
of its existence. Is Polk, under these CIR
cnmstances, bound for the price OF the
goods.
Opinion of Court by CHALMERs, j.
HeH-.
l. A retiring partner i'll order to eXonemte
himself from future liability, must give ac--
tual notice of his withdrawal, or there must
be shown knowledge on the part of those
who seek to hold him liable or at least ade-
quate means of knowledge. As to those
thereafter dealing with the firm, retiring
partner can exonerate himself from liability
by publishing notice of the dissolution or
by showing knowledge of the fact.
?. 1t is not absolutely necessary that no.
tice of the dissolution should appear i'll
but the public must be advised
of the change by fair means published as
widely as possible. The change must be
made public and notorious by notice or ad-
vertisement, and the withdrawal of the ex-
terror indications of partnership.
The appellant Polk did not so act as to
advise the public. and is therefore inble for
the debt due Finney & Co.
Judgment affirmed.
The comet., 1879-02-01
Dickens, Yates WIIkie Collins and
fechter.

Dramatic NStcS.
The business of the visit over, MIR.
Fechter and his visitors (for there Were
two from New York; chatted over a
glass Of claret and a cigar, about the
actors friendships and experiences in
England. OF Dickens. of course, he
has many aneceotes to tell, for they
lived almost as brothers. Fechter gave
Dickens the Swiss chalet which is still
to be seen outside the house at Gad's
Hill, and, when the novelist came to
America, lent him his faithful dresser
and servant, Scott, who travelled all
over America with him. Scott was at
tached equally to Dickens and Fechter.
and when, after having returned to
England, and again to America, leav-
ing the novelist there and accompa-
nying the actor here, Scott read the
bulletin of Dickens death outside A
newspaper office, the poor fellows
nerves were so suddenly unstrnng that.
in announcing it to Fechter, he was
seized by vapid laughter and his master
thought him insanel The blow to the
actor was a terrible one, and caused
him to relmqulsh many engagements
and return to England.
OF Edmund Yates, Fechter las not
high opinion, but l was delighted to
find that he rates that most charming
of essayists, George Augustus Sala, at
his true worth Although SaIa is the
most cratic of men, his genius and
industry are indisputable. Fechter
also speaks admiringly Of Wilkie Col
Inns During his stay in America, Col
Inns made his home with the actor. He
wIOte one Of his lectures, indeed, in
the room at Quakertown in which we
were sitting.
The comet., 1879-02-01

24S4-H. Mitchell VS., Tishomingo Savings
Institution Affirmed.
2892-C Clarke, Hood u Co. VS.. billiard &
Coffin, ct al Affirmed.
275l-Wm. A. Belew VS.. Geo. W. Jones.
Reversed and bill dismissed
2937-J. NJ. Bass VS.. W. F. Tipler, ct al.
Affirmed.
2SS9-E. S. Mitchell, admir- VS.. TishOmin-
go Saving Institution. Affirmed.
2922-James Childers VS.. The State. Af-
tinned.
292O-James P. Boyce, Ex. VI Rosanah
Francis, ct al. Reversed and re-
manded.
The comet., 1879-02-01
PLEASANT DUNN,
VS.. mo. 2941.l
W. II. PORTER, EFT. AL.

PLEASANT DUNN,
VS.. No. 2941.
w. II. PORTER, EFT. AL.
This case involves the construction OF II
contract of lease as to time.
1t specified that it was 50 for the term of
five years beginning 9th December 1878,
and ending lst january 1877 There was
a subsequent clause in the contract grant
ing " the use of said premises after the ex-
piration of said lease list January 1877, for
five years" upon conditions therein men-
toned.
CAMPBELL, J.
Hel1:
/, The doubt asto the Interpretation of
the instrument of lease should be resolved
against the lessor, whose deed it is.
2. 1t may be justly assumed that the
matter to which the attention of the con-
tracting parties was especially directed was
the length of time for which the lease was
to be made. That was the important mat
ter. The mention of particular day
when the five years should expire was sub
ordinate.
3 The fact that "1st January, 1871" is
repeated in the instrument as the time of
the expiration of the lease is not sufficient
to show tina the distinct specification OF five
years as the duration OF the lease was an
error.
1. A rule of law which determines the
Interpretation OF the lease against the lessor,
Is that, of two clauses in deed so totally
repugnant to each other that they cannot
stand together, the former shall stand and
the latter be rejected.
Judgment reversed and cause remanded.
The comet., 1879-02-01
SUPREME COURT DECISIONS.
MONDAY, january 27, 1879,
Reported Weekly by Jenkins
a. Little, Attorneys nj Law
d. T. PORTER, EFT AL, ,
VS.. NO. 2Ol0'l J

d. T. PORTER, EFT AL,
VS.. No. 2G1S.
r. II. BRADLEY.
Appellee, resident Of Franklin, ieh-
nessee. owns a plantation in Iuniea county,
Mississippi, occupied and controlled by his
two sons. In the year 1870, the said sons
applied to N. Ford & Co., mercantile
firm in Memphis, Tenn, to furnish sup
plies for said plantation, that year sad
merchants, knowing that the land belonged
to appellee, wrote him for guaranty for
the payment of the advances TO be made by
them to said sons. He replied that he
would bind himself for the payment
of the advances so made to MS
sons, provided they Ford " Coz
would look alone to the property III
Tunica county for the payment of any de-
ticiency that might occur after gathering
and shipping the crop Of 1870. 10 tins
letter. said merchants made no reply, but
made said advances during the year to an
amount beyond which the crop was suth'
cent to pay. Ford Il Co. brought suit
against the sons of Bradley for the unpaid
balance. obtained Judgment upon which
execution issued ana was returned hH[W
bona. Appellants, as successors of Ford
n Co., then filed their bill to subject the
said laid of Bradley to the payment of the
debt basing it upon his said letter.
Decree was rendered for appellee; hence
this appeal.
CAMPBELL, j.
Held
/. The generally received American doc
trine, to which the Courts OF TINS state
seem to be fully committed is, THAT the
obligation to give notice of the acceptance
of the guaranty is imperative, and Will
defeat the right of action, if not fulfilled. |
unless it can he shown that the assent of i
the creditor was known to the guarantor, |
and did not need to be communicated.
2. The distinction is made between a !
guaranty, and proposal to guaranty, |
Whenever there is any condition III the offer |
to guaranty, and it is not definite, certain |
and fixed, so as to be concluded, notice OF
acceptance is held to be necessary.
g. The fact that the person otlerin9n guar
anty may confidently expect it to be accept
ed and acted on is, not enough to meet the
requirements of the authorities. He is en-
titled to notice of The acceptance OF his
guaranty. or he will not be bound.
Decree affirmed.
The comet., 1879-02-01
A. A. BUELEsoN, ct al.D
VS.. mo. 293i
q T. MTraN


G. F. MILAN.
Plaintiffs in error sued out Al attachment
against the estate uf j. J. Houston, befor,
Justice of the Peace, founded un a prom.
issory note for Sl45 q. and also a writ OF
gArnishment against defendant in error
who appeared and ansu cred HAT he was q
Constable OF Taliahatchic county. and as
such had IN his bands @7O Il collected Nv
hun under ana execution ia his hands
against oue Iowrrs n favor of said Hous-
ton, and claimed that 1t s.,s hot liable 10
be Varnislled n bis hands.
On tral, The Justice 30 held and dis
charged saId lauIsi'e, and plaintiffs ap-
pealed 30 the CIrcmt Court winch sustained
The Judgment OI Tie Justice Uf the Peace.
aud plaintiffs then sued out wit Of error
b. this Court.
CAMPBELL, ].
Held-
I. Our statute provides for the garnishs
ment of ANY person indebted 10 or having
effects Of the defendant, and any Officer
The comet., 1879-02-01
W. f. SMITH, }
VS.. No. 2910
MENKEN Bros. J

MENKEN Bros,
Opinion of Court by CHALMERS, ).
The plaintiff in error being indebted tc
defendants in error, went into bankruptcy
but afterwards made a conditional but new
promise to pay his discharged debt to de-
PENDANTS in error.
On the trial, after the testimony was all
heard and the arguments of counsel par
TALLY heard, plaintiffs in Court below were
permitted to amend their declaration and
clnim a less sum than that at first demand.
ed To which defendant objected and his
objection being overruled he asked that the
cause might be continued on account of
surprise, etc, which application the Court
declined to grant.
Held
/. There was no error IN excluding the
proof offered to be made by Iaber. It
would only have shown that defendant re-
fused to pay the debt ana denied his liabil-
ity This ne showed by defending this
suit and by his own testimony. The fact
that he did the same thing before suit in
no manner strengthened his defense. The
testimony was clearly incompetent.
2. 1t is impossible that defendant could
have been surprised or injured by the filing
of the amended declaration. Its only effect
was to diminish the sum demanded Of him.
1t in no manner affected the principle in
vOlved in the litigation nor affected the facts
TO be proved on either side.
3. Upon the merits the testimony was
conflicting and We cannot reyers. the ver-
dict. 1t Is a mistake to say that there was
no evidence Of an unconditional promise
by the defendant
Affirmed.
The comet., 1879-02-01

The firemen Of VickHlurg. we under
stand, contemplate the establishment of a
mutual life Insurance in connection with
the fire department.
The comet., 1879-02-01
JOHN H. CLOPToN, ct uX. !
VS.. mo. 1892. 7
VIM. +. Down.

JOHN III. CLoPToN, ct uX.
VS.. No. 1892.
VIM. F. Down.
This is an appeal from IN order refusing
to set aside pro c0AtesS0 entered at Rules
Two years elapsed between the service Of
process and the entry Of the pro s0httys0.
Promptly at the next term Of Count appel
lants moved to set aside the pr0 conjesso,
accompanied by answers disclosing valid
defense, and filed an affidavit alleging that
as soon as they were served with process
they employed counsel to file their an ,wers
who repeatedly assured them that be had
done 50, and that they We're not at fault in
matter.
The motion was oyelruled, and decree
final rendered; hence this appeal.
CHALMERS, j.
Held
The motion of appellants to set aside
the pro c0nteSs0 and to he allowed to file
their answers should have been sustained
2. Ii is too harsh rule to deprive them
Of all opportunity to rake defense when
their delay in propounding it was super
induced by reliance upon statements of
their Attorney, and perhaps to some extent
by the great dilatorioNsness of ccmplain-
ants in pressing their suit.
Reversed and remanded with instructions
to vacate final decree i'll Court below. set
aside the decree pro coHt5s>o and allow
answers to be filed and the cause proceeded
with regularly.
The comet., 1879-02-01

The SeashOre Gazette reports TIVE
cases Of yellow fever at Hsndsbo=o last
week.
The comet., 1879-02-01
KENTUCKY ROMANCE.
Why Phil Hodge Deserted his Bride
the Day After the Wedding.


Ten years ago, into Lewis CO., KY,
young lawyer named Phil Hodge
married Miss Addie Sillet, amid flowers,
music and the hearty congratulations
of friends. At early dawn Hodge left
the house, and in passing out he met a
servant of his wife's father, to whom
he said: "Tell your master am gone
forever" The new made father n-law,
upon receiving this message, hurried
to his daughters room, where, to his
amazement, he found her still in her
wedding robes, with hair dishevelled
and vail torn off, and in state of great
excitement. A severe spell of fever
followed, but never in her widest de-
lirium, did she betray the cause of her
agony, and thus it remained theme of
conjecture ever since. To friend the
other day she, for the first time, told
the cause Here it is
The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-07-10

COULDN'T Run FORTY THOUSAND AohLs

Crnr RrN FORTY THOUSAND ACRES
The GREAT Illinois farmer died IN poverty
His great physical and mentai aolii''
coupled with the largest experience, were
not able to hold together 40,oOo acres
much less make them profitable. Inc Oh
lowing will serve to show the utter linpi'o-
ticability Of running a great farm hh1 =
great railroad or a great army. h'u
tape" won: do for the farm
M. S. Sullivant, one OF the larSeso i"i
mers of this country, died JanuaT. 10 u
the age of seventy-three years liz ""o'
native of Ohio. owning at one time a large
body of land near Columbus, and was ii
member of the first Ohio State Board OF
Agriculture. Forty years ago he emIera'ed
to Illinois,. and became the owner 81 the
celebrated 40. 900 acre farm, winch inclu-
ded the whole of Ford county. 1he Chlcago
~.JoavaoI. in its notice of his life. says:
For many years its master operated the
mammoth farm on the most extensive SCAT.
its 10. 600 acre corntields being the prlde OF
their owner and the surprise OF slShl-seeIs.
There were headquarters on the place from
which all orders were issued, ana iaooIers
sent out with teams, tools and dwellings,
drawn on wheels by horses and oXen-to
put in grain or attend to harvestltg' the
time occupied in the work sometimes dc
tanning the detachment of laborers Tor
weeks away from the central depot OF sup
plies. But the venture proved a failure IN
the end, and only a year or two since the
great farmer went into bankruptcy, MS
farm passed into the control OF money
loaners. and was cut up into small farms
and offered for sale in the market. 1t IS
not known that Mr.. Sullivant saved intact
any of his fortune, and the probability Is
that he died a poor man, and in his death
he proved that it is not possible for one
person to successfully manage 40, OUO acres
of land in one batch.
The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-07-10

The Lot OF THE BEAvER GIRL WHO
ELoPED WITH AND MARRIED A
PtttsLurQ, .June Botanic Moore, the
Young woman of Beaver. this county, VINO
caused a sensation last May 10y eloplng with
and marrying a negro has been found Nv
ing quietly with her negro husband, Frank
Alexander. in the small town OF Salem,
OHIO, about seventy-fve miles from here.
Her husband is a rather goed-looklng ne
gro. of pleasant address. The girl says she
is contented and happy. and the only thihg
she seems anxious about is her piano, WHICH
her father gave her some years ago out
which is at home. Her father, VINO Is a
brother in-law of ex-Chief Justice Agnew,
was terribly scandalized by her strange
conduct, and has since tried. though IN
vain. 10 have Annie arrested and sent to an
insane asylum.
For some time previous to the elopement
Annie had given her parents a great deai OF
trouble by her reckless. maynard conduct,
but being an only daughter she was spolled
by indulgence. She bad a quarrel with her
parents on Wednesday night, May IA, and
early on the following day LETT her home
and met the negro by an appointment which
she had made the night before. The two
went to Rochester,, about a mile from
Beaver, to the house of a colcred clergy
man, who married them in the presence OF
two white men, whom they had called IN
to act as witnesses. The couple then took
the next train back to Beaver, where the
negro hired a room in a house which had
three rooms ONLY two Of which were already
occupied by negro families. The reckless
girl sent home for her trunk, piano, and
some of the M from her room, and
this was the first intimation her mother had
of the marriage. The mother tried to per
suade the girl to return to her home, but
she refused. Her father, who is United
States Storekeeper in Indiana county, and
is wealthy, was not at home at the time.
Soon afterwards the couple disappeared,
threats having been openly made by the
young men of Beaver of tarring and Ieath-
ering the negro.
The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-07-10

Charlotte Obsclret:: Under a recent
ruling of the Postotfice Department a bill
partly printed and partly written, when
unaccompanled by personal correspondence.
is entitled to pass through the mails un-
sealed at the rate Of one cert for every two
ounces.-A coicred named Dick Erwin
was seigning Saturday afternoon in the
Catawba river, about one mile above Tate,s
factory, III Castor county,, when. becomino
tired, he crawled up on a rock in the river
to take a rest. In this position he went 20
sleep, and, losing his balance. fell into the
river and was drowned.-We have inst
been made acquainted with the character
of the railway switch signal, which was
and patented some time since bv
Messrs. Il. L. and G.. w. Vernon Of
Greensboro. 1t has a stationary drum, with
two doors and a stationary lamb. and its
principal feature IS that the s~witchman can
not release the switch rails without first
displaying q red or danger signal. which Is
securely locked in position, and cannot be
removed until the track is again secured
IS learned here that BradwclI. ono
the parties recently convicted at States
V lie OF burglary upon the house Of Mr.
Stlkeleather, in the upper part of the conn.
~ and sentenced to be hanged the second
week IN August, has written a letter 70 q
of Statesyille, making a full comics.
sion OF his crime, and implicatino q marty
not hitherto accused. ~
The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-07-10

No practicle method of DESTROYING nut
grass has yet been discovered. But land
lnlested with 1t, can be utilized by crops
Such as you suggest. Sow in oats in Octo-
Der, one and a half to two bushels nor aero
according to size Of seed and STRENGTH If
land and IN spring, Immediately. upon emf
ing the oats, SOW peas broadcast 2 hIs
per acre. DO not leave the oats standino
on the land to cure, but remove at once
ana plough IN peas that the nut grass NAV
nave no chance to get ahead of the meas
II the peas can be moved by the LIST. Of
ausuSe remove them and sow peas a second
1inne. when these are taken off sow in
bats again and SO continue from reor -
year. 1t makes a good rotation and +ho
land Will probably make as much c,ear
money under this course with mt Grass
thrown IN? as 1T would do without nuterass
II planted IN cotton and corn.
The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-07-10

Louisiana has more than $50, 900, 900 in
vested III her sugar machinery. Her plan
tiers are investing more every year to keep
pace with the modern improvements in this
machinery and to place themselves in a po-
sitlon "here they can, by producing the
nlgnest quality and the greatest quantity of
thelr manufactured products, compete with
sugar manufacturers all over the world
". q. Democrat.