davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-02-08
JOSIAH DAILY, Ex-Sheriff,
vs.. No. 1927. ]
STATE OF MISS. Use. etc.

vs.. No. 2S27.
STATE OF Miss, Use, etc.
This was suit upon a Sheriff's bond nm
der 1925, Code of 1872, to secure damages
for failure of duty in returning eight exc
cutions issued upon judgments rendered in
a Justices Court. One of the executions
was never returned, the other seven were
returned after the proper return day. The
Sheriff seeks TO escape liability upon the
ground that the executions we're void by
reason of irregularity patent upon their
faces and because of the invalidity of the
the judgments upon which they were based
and upon the further ground that the de-
PENDANTS in execution were insolvent.
The alleged invalidities in the executions
consisted of dates found in them which
were manifestly erroneous and in some
cases absurd, (as, for instance, the recita-
ton in one of them of the rendition of
judgment at a date subsequent to issuance
Of the Il a. and the fact that in nearly
every instance the executions commanded
the Sheriff To collect larger Sums of money
than the judgments upon which they had
been issued.
Held
CHALMERS, j.
l. Neither Of these irregularities protect
the officer in his failTre to levy and return
them. No mero invalidities in process will
excuse a neglect /, obey its command upon |
the part Of a ministerial or executive Off |
Ger. Process which is voidablo but amend \
able must be executed, that only which is /
absolutely void may be disregar,led because |
it will afford Bo protection to the officer |
acting under it. II is sometimes said that
the determination Of whether the process
is or is not amendable must be the test of
whether the officer may safely disregard It
when irregslarly issued, aud II this test be
applied in tAis case il is evident that under /.
the sweeping provisions OF cur statnte on 4
the subject Of amendingprocess (s7I2, Code 4
2o71) The Irregularities existing IN the exc /
buttons in question here would afford no I
sort Of excuse for their non return.
2. Clerical errors do not render an eEecu-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-02-08

ton void and hence will not justify neglect
10 serve it. Plaintiff only seeks TO hoio
the officer liable for the amounts OF the
judoments and il is well settled that an
sxeeution is not void because issued for too
large n sum. Three of the executions were
im3ronerlv admitted in evidence, two be>
cause issued on void Judgments, and one
because issued on no judgment at all. In
the two, summons was executed after the
return day, the judgments we're by default,
no evidence of any alias summons having
been issued. In the third the defendant
appeared and consented in writing that
Judgment might be entered against him.
The consent was written in judgment book
but no Judgment entered, and upon it ex>
ecution issued.
3. The Court erred in its charge with ref
erence to the wagon owned by Delahunty,
one of the defendants in execution, which it
was claimed was exempt property. Della
hunty stated that he had no property liable
to execution. He then, in response to
cross interrogatory, stated that he owned q
wagon worth $75-one wagon is by law ex-
empt to every householder living in the
country, and personal property to be select
ed by the debtor not exceeding $3.50 in value
is exempt to every resident OF town;
S213l 214O Code ri The Court charged
that the Sheriff must show tn, It Deldhunty
lived in the country or that living in town
he had selected tn wagon. This was wrong
because the witnesses having stated that he
had no property liable to execution, il must
be presumed in the absence Of further proof
that the wagon WAS so held as to be by law
exempt, and even if he lived in t,wn there
could be no obligation to select until the
limit of the law is excused When, there
fore, the witness stated that he owned moth
ing liable to execution, though he owned
wagon, the burden was upon plaintiffs to
show that this wagon was liable.
4. The Court properly charged the jury
that when the de ,ault in the return of tho
execution had been established it deyolved
upon the defendants to show the insolvency
of the debtors,
The Court seems, by the instructions to
have devolved upon the jury the determlna.
ton of the validity OF the judgments and
fl tt1s. This should have beon determined
by the Court, and such of them as were
deemed absolutely void should haye been
excluded Those which were merely irreg-
ular should have been admitted.
Judrmeut reversed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-02-08
MAJOR JACKSON, ]
Vi. mo. 1880. j.
The STATE.

The plaintiff in error was jointly indicted
with one Robertson, for the crime Of muir
der. At a term of Court preceding that at
which he was tried plaintiff in error was
introduced as a witness against Robertson
who had several and was on trial. At said
trial, plaintiff in error made admissions
showing his participation in the crime for
which he was yet held in custody. At a
subsequent term of Court when plaintiff in
error was being tried, the State introduced
witnesses to prove what his testimony was
when he implicated himself at the trial Of
Robertson.
Held
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

Dr. BISHOP performed quite an interesting
surgical operation yesterday, the same being
the removal of a polypus or tumor of some
twenty years growth, from the nasal organs
of J. B. Hysell, better known as g Phoebe. "
The tumor had grown to such a magnitude
that it seriously interfered with the patient $
breathing, and was becoming quite dangerous
By the aid of suitable instruments the OBJ
struction was deity and neatly removed, and
proved to have obtained an abnormal growth,
having reached the size Of an egg. The OPP
Grafton consumed but few minutes, and re-
lief to the sufferer was instantaneous. -Eure-
la Leader 18Th.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

REVISED SCHOOL LAw.-The old law for
been materially altered in more than one or
two particulars. The most important change
Is that by which, in school districts of more
than 800 children, the kindergarten or Fore
bel system of teaching may be introduced.
Wherever circumstances permit this excellent
and truly philosophical method of teaching
should be tested.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

Lisbon Mrrch 2O.--Pinto, the Portuguese
explorer who has crossed Africa, telegraphs
81 struggled with hunger, thirst, the natives,
floods and drought. | have saved all my pa
pers, twenty geographical charts, many topo-
graphical maps, three Volumes of notes, meo-
theological studies, and diary of complete
exploration of the Upper Zambesi with it's
cataracts-
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

The Reretle says there is more sickness
prevailing in Austin at present than for q
long time past Several children are afflicted
with the chicken pox, and colds and sore
threats among grown folks may be reckoned
by the score. The unreasonable weather and
prolonged drouth is undoubtedly answerable to
large extent for the prevalence of these
things.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

AFTER THEM STILL--Says the ISituer State 4:
Senator M, S. Thompson is going to mining
in Central District. A lot of mining tools,
provisions, etc., have arrived at Mill City for
him from Virginia City Whether these arti
cl4s have beer sent him by the Virginia and
Truckee Railroad Company for services rem
dered our informant does not state.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

CALIFORNIA, Nevada and Oregon are going
to be exceedingly important factors in the
next Presidential election. Neither party
can afford to lose them. Hence, neither
party can nominate any member of Congress
who voted against the Chinese bill. Let one
pro-Chinese candidate be put in the field and
the other an anti-Chinese man, and the vote
of this coast will afford so decided a test of
the views of the people on this question that
nobody but fool will be able to misinter-
pref them.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

TIE ''Major' Buckner who is mentioned
as about to leave Humboldt County and settle
down at Reno among the solid citizens of that
burg is not Luther A. Buckner, our urbane
1-Attorney General, whom we used to call
'Maior" sometimes, but rather an older man
lately Assessor of the county he now leaves.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

New York, March 2O.-Rowen received
yesterday s1S,59s 81 Ennis, 81, 1888 SO,
and Hartman $3.50 &c. Howell takes away
$4,000 more than the total gate money for
the first six days contest for the belt in Lon
don, begun year ago yesterday. A match
is announced for Saturday evening at Gill
nore's Gardens, between Simpson, one of
Rowells trainers, who has ten mile record
of $3.50; Norman Taylor of Vermont, whose
record is $500, and Joseph Owen of Virginia,
whose record is 5S:46 Simpson is to run ten
miles to the others twenty
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

In consequences of the settlement of the
Sutro tunnel controversy it is reported three
shifts of 400 men each will soon be set to
work digging sub drain; also that work. will
shortly be commenced on lateral drifts, which
are designed to connect the tunnel with the
articles of agreement vary but slightly from
the previously reported terms of the compro-
mise
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

Indian customs, says: "There are murders
committed among the Indians in this city
sometimes for very trivial causes. The other
day medicine man was killed by some of
his tribe in Grass Valley, in this county, be-
cause he had lost a certain number of pa
tents by death, in succession; and about a
dozen have been murdered on Reese river
during the past few years for that and other
causes. If they take a notion that any one
of their tribe has lived long enough he is
soon dead
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

Ex-GovERNoR SEYMOUR, of New York, is
sound on the Chinese question. Among
other reasons favoring the approval of the
Chinese bill by President Hayes, he says:
&C The Monaghan will continue to be Mon
golian, and if we permit him to set up his
civilization against ours, we shall compel a
conflict sooner or later. Now while we have
the power, We can dispose of this question
by law. If we leave it unsettled it will be
dealt with by force hereafter"
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

New York, March 2O.-The Cincinnati
Commercial says new Republican ticket has
been proposed with Blaine and Booth. For
to Tilden and Thurman. eff We must,
says the Commercial, "call in the artful aid
of ALTERATION, let Blaine and Booth boom. u
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

THs San Francisco Stock Exchange express
es its views upon much mooted question as
follows: ''Senator Sharon Is catching merry
purgatory from the Eastern press, because he
has drawn his salary for two years that he
didn't earn by his continued absence from
Washington. They have raked up from an
cisnt ashes the old law which prohibits Sen
ators from drawing pay under such circum-
stances, and our Eastern contemporaries are
fearful lest Mr.. Sharon may return the green
backs to the Treasury. We think Senator
Sharon served his country and State better
by staying away than by remaining, for he
would certainly have voted for some bad bills.
Absence prevented this calamity. If all the
Senators would make themselves conspicu-
GUS by their absence for several years the
country wouldn't he ruined. And yet some
people over in Nevada think Sharon ought to
resign.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

BULwER Mining Company has shipped its
second bar of bullion, valued at SIG, 5O6.O s,
it carries over 600 ounces of bullion to the
next melting.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

The Grand Prize Company on the 18th
shipped west bullion valued at 81, 900, and the
Independence Company shipped bullion valued
at 81, 200
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

Chicago, March 20. - An Inter Ocean
Washington special says: Gone of the first
bills introduced in the Senate was to remove
the political disabilities of JEFF Davis so as to
prepare for his admission as Senator to sue
coed Bruce two years hence. This was con-
cealed under the bill to restore to citizenship
all persons now under political disabilities
There were only about thirty in the list, of
whom Davis is one. The bill was referred to
the Committee ON Judiciary, of which Thur
man is Chairman, and it is reported that the
jeff Davis debate will be resumed and Thur
mans presidential prospects imperiled.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

DISCUSSING lNCORPoRATIoN.-The Winnie
mucca paper, the Silver State, speaks highly
of the General Incorporation Law, prepared
by Senators Cassidy and Boardman, and
passed by the last Legislature, and urges the
Incorporation of Winnemucca under its pro
visions. The law provides that majority of
taxpayers, representing majority of the tax
able property of any town, may incorporate /;
and the tax for support of the incorporation
shall not exceed one-fourth of one per cent.
on each one hundred dollars. The SlUer State
claims that property saved from fire by the
investigation of defective stove-pipes by per
sons authorized to remedy, the evil, would
alone be more than an equivalent of the tax
necessary for the support OF the town govern
ment.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

DEMOCRATIC STATE CONVENTION. - The
Democratic State Central Committee of Cal
ifornia met on the 18th in San Francisco,
and transacted the affairs devolved upon that
body with harmony and efficacy. There was
very fair attendance of the members, and
feeling of confidence was displayed on the
part of those from the interior counties with
regard to the campaign soon to begin. The
Committee have named Tuesday May 9th,
for the assembling of the State Convention,
at Sacramento, and the apportionment of
delegates is fixed upon the basis of the vote
for Governor Irwin, in 1873, on ratio of
Democratic votes. After finishing the bust
ness on hand the Committee adjourned to
meet at the call of the President.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21
NOTICE TO CREDITORS.

IHSTATE OF JAMES w. NVE AND WIFE
IL both deceased.
Notice hereby given by the undersigned adminstra
tor of the of James W. Hye and wife, both deceased
creditors Of and ali persons having claims against said
deceased exhibit them with the necessary vouchers
within months after the first publication of this
tice the said administrator at the office of T. Conn.,
attorney law in Carson City Nevada in said County Of
Ornsbv.
Dated at Carson City, New, March 5th, 1879.
-. .a.."- -... ALFRED HELM,
Administrator Of estate of James W Nye and wife, both
deceased.
T. COFFIN, Attorney for estate. 1aw4wmh5
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

The Reno Gazette of Wednesday says: ~.
j. Quinn met with a severe accident yester-
day afternoon, while turning the windows of
the new Catholic college. He was working
on scatfold abont twenty-five feet from the
ground, when the ropes which held the scat
fold broke and he was thrown TO the ground
Had his fall not been broken by another scat
fold he would have been seriously injured,
perhaps killed. As it was his ankle was badly
sprained and he will be confined to his house
for at least month
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21
TIE Eureka Leader relates the following:

TIE Eureka Leader relates the following
ga crime, which is the consequence of a
crime, will come up for judicial inquiry in a
day or so, and is quite novel incident. A
Chinaman employed at the Turner House
stole a lot of cigars, which he hid away in
what he supposed was secure place, but
two FOUNDERS dropped on the hiding place,
and in turn purloined them from the Celes-
tial. The Chinaman had the boys arrested,
and then the goods we're identified, and the
latter was charged with the initial theft. All
hands are in jail, awaiting an examination in
the Justices Court, and it is probable, as the
proof of their guilt is strong, that they will
be remanded to await the action of the Grand
Jury. The unraveling of this wheel within a
wheel will be quite interesting"
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

New York, March 0-The Sun to-day re-
turns the to discussion of Alaska affairs, and
says there is very littly doubt that the
trouble with the Indians has been exaggerated
by the settlers in the hope of getting troops
to Sitka and Fort Wrangel again for the sake
of their custom. At each of these places
are about ten stores, with business enough
loss of transportation by the withdrawal of
troops, and brings down alarming stories from
Alaska with each monthly trip.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21
IN THE DISTRICT COURT OF THE

IN THE DISTRICT COURT OF THE
Second Judicial District State of Nevada in and for
Ormsby County.n the matter of the estate of Edward
Niles, nsane.Elsie T. Niles, the guardian of the estate
of che said Edward Niles ho has been adudged rsane
having the 26h day OF February A. D. 1879 presented
to the Judge of this District Court petition fled by
her oath, praying that order to mortgage certain al
belonging said Edward Miles, that it would be
beneficial said Edward Niles that such estate should
be morgaged And having appeared to the Jrge of this
Court by said petition that it necessary and beneficial
mortgage the said real estate it is hereby ordered that
the Of kin of the said Edward Miles, and all persons
interested in the said estate appear before this Court at
the thereof at the Court house in Carson City,
Ornsby County bn SATURDAY, THE 18th DAY OF
APRIL A. D. 1879, at 10 o'clock A. then and there to
show why order should not be granted for the
borrowing of money and the mortgang of such estate
8. D. KING, District Judge.
Attest j. Fl. MARSHALL, Clerk.
March Is, 1879 4w .-...,
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

The Board of University Regents vii! hold
meeting on Saturday next, for the purpose
OF perfecting arrangements for improving the
grounds surrounding the buildings The res
ident members of the Board made thorough
examination of the premises oday.-Elko
Independent,
The cultivation of the University grounds,
between twenty-one and twenty-five acres,
has not amounted to much so far, owing par
italy to the lack of thoroughness in the work
aud partially also to the presence of great
deal of alkali in the soil. Three or four hun
dred Lombardy poplar trees have been planted
on the grounds, but only a few of these have
grown healthily. 1t is to be hoped, and it is
to be expected also, that more systematic and
thorough efforts to cultivate and beautify the
Unworthy grounds may meet with success
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

TIE Memphis avalanche, whom the San
Francisco Examiner pats ON the back approx
ingly, thus snooths out the kinks among the
candidates on the Democratic side of the fence
who aspire to the next presidency: The in
exorable logic of the Democratic situation
points directly to Tilden, who as Presiden-
tial candidate is not only not ''dead as dead
can be- but is the only one showing any
vitality He is as strong in Indiana as either
Hendricks or Thurman. He IS stronger In
New York, New Jersey and Connecticut than
either of them-ininitely stronger than Bay
ard If he can not carry New York no Demo
GRAFT can. The South will not be consulted
except as voting machine The South is
expected to obey orders, as usual, and sup
port the nominee If he live until the day of
the Convention, Mr.. Tlden will be the man.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21
PROPOSALS FOR PRINTING LAWS.

SEALED PROPOSALS WILL BE RE
- ceved until, and opened, MARCH 22d, 1879, the
office of the of State from daily newspapers
published in this State, the publication of all Laws
general character passed by the last Legislature, in
cordance with an Act approved March I'd, 1877.
JOHN H. kINkEAD,
Governor of Nevada.
JASPER BABCOCK,
Secretary of State.
L. L. CROCKETT,
State Treasurer.
Carson City, March 10, 1879.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21
SERVANT WANTED.

Competent SRRUANT GENIAL
IA obtain desirable position as cook and woman
ii all work BY applying at the ArrEAL office. feb27
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-21

N B.-Packages not exceeding pounds in weight in
any quantity desired be sent by mail and when cash
accompanies orders will sell seeds at catalogue prices
postage paid mhl1-tf.
Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-10-12
District Court Summons.

TN THE DISTRICT COURT OF THE SIXTH
Judicial District. In and fer Eureka County,
State Of Nevada. The State Of Nevada sends
greeting TO lanes Langley.
You are hereby required to appear in an ac-
ton commenced against you as defendant. by
Isabella Langley. a. plaintiff, In the District
Court Of the Sixth Judicial District. in and for
the county Of Eureka. stste Of Nevada. at the
town of Eureka, and answer the complaint
therein. which Is on hle with the Clerk Of said
Court. within ten days after the service on you
Of this summon Exclusive OF the day Of SER
vice.. II served in said county, or twenty days
II served out Of said county but within this
district. and In all other cases forty days; or
Judgment by default will be taken against you.
according to the prayer Of said complaint.
The said action is brought against You. the
said defendant, to obtain q decree Of divorce
from the bonds Of matriInony now existing
between you aud said plaintiff, and that plain
tin may have the sole custody. care aud control
Of the children, Adam Lang. ~, now aged about
six years, and Jennie Langley. now aged about
three years, the issue OF said marriage, and
that she may be restored to her maiden name
Of Isabella Mcdili. and for her costs and for
such other and further relief as TO said Court
may seem meet and proper; said plaintiff aiieg.
ing in her said complaint as the ground for
said divorce, that you said defendant for over
one year. Immediately preceding the com
mencement Of said action. have failed and neg
lsctsd TO provide for this plsintin the common
neceassriss Of lifs, when such neglect was not
the result Of poverty on your past. and which
you cca,a ao. h.vs svoiisa ~ ordinary indus
try. aud which will more fully appesr by refer
ence to plaintiffs complaint on hle herein.
And you are hereby notified. that II you fail to
sppesr aud answer the said complaint ~ abovs
required. the said pisintif will take Judgment
for the relief demanded therein and for costs.
- In testimony whereof, I, K. r.
HrAT.NDoDox. have hereunto set ray hand
sE A and sfixed the seai Of said Court.
wv this I'd day Of October. A. D. 1879.
4. r. DODGE,
Clerk District Court, Sixth Judicial District.
Eureks eSsaiy. asTtda, oc3-lswow