davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
SUPREME COURT DECISIONS.
Reported for The Clarion by l. Brame. Attor-
uey-at-Law, Jackson, Miss.
OCTOBER TERM, 1880.
SUPERVISORS ArrALA COUNTY. }

SUPERVISORS ATTALA COUNTY.
jason NILES.
Error 10 the Chancery Court of Attals
County, Hon. r. w. Williamson, Chancellor
Jason Niles filed a~bilI to enjoin a road
overseer from opening a road over his land,
alleging that the right Of way had not been
lawfully condemned. The road overseer paid
no attention to the suit. The board of SUI
pervisors applied for leave to be admitted as
defendants, but their application was by the
Chaucery Court refused.
The opinion Is given in full.
CHALMERS, c. J.
The board Of supervisors should have been
admitted to defend the suit. True, q decree
rendered in il would not have concluded
them, and ordinarily, parties who will not
be affected by a litigation have no right to
intervene, but in this case the road overseer
was the mere representative of the supervi
sJrs, or Of the public, and he refused TO make
any defense. If he had been enjoined 50
might each successive overseer whom
the board might appoint, each one of
them being willing to be relieved of the
duty of opening the road, or unwilling to
eXpeud any money in the litigation.
Under these circumstances, il was emil
ueutly proper that the real parties interest
ed, to-wit: the people of the county as rep
resented by the board of supervisors should
be allowed TO come in and have the question
settled once for all.
The decree will be reversed and the board |
admitted to defend.
Campbell 81 Anderson, and Nugent & Nc
Willie, for appellants.
ITO be reDorted
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
ITO be reported. 4
Bush, REDWOOD * Co,
y, o4-c

y " r., v No. a47s.
Appeal from the Chancery Court of Noxu-
bee County, Hon. +. A. Critz Chancellor.
The material facts are as follows:
Bush, Redwood & Co, were bankers at
Macon, Mississippi, and in 1879 advanced
money to Sanford to enable him to carry out
a contract with Foote for the erection of
buildings, it being agreed that the amount
advanced should be repaid out of the collec-
ton from Foote. On the 9TH of July, 1879
there was settlement, and Sanford being
indebted to the amount of $2,940.42, gave
the bank an ordinary bill of exchange on
Foote for said sum, payable August 1st.
This was intended as an assignment of that
much due from Foote to Sanford Foote
being absent, returned in September, when
the draft was presented to him. He declin-
ed to pay the same He owed Sanford 81, 900
on the buildings. The bank then requested
Foote to give notice when he had a settle
ment with Sanford, who was insolvent 1t
seems that the officer of the bank believed
that Foote would give him the notice. But in
notice to the bank. In part payment, Foote
gave Sanford checks on the bank to the
amount ofs3, 500, he being deposition. These
checks were transferred and some days
afterwards were presented for payment.
The bank declined to pay the checks, claim
ing that s., $40 - was assigned by Sanford
in the draft given on Foote, as stated above.
But the difference between the 81, $40 ~
and 81, 500 was paid
Foote bought up his checks at a discount
of $500 and sued the bank for the balance
of his deposit, the sum of $2,94O A.
The bank enjoined the action at law,
urging that the draft or bill of exchange
given by Sanford on Foote operated, after
notice to Foote, as an equitable assignment
of the amount, and that Foote could not
afterwards pay the same to Sanford.
On bill an answer the injunction was
dissolved.
CAMPBELL, J.
Held
l. valid equitable assignment NAV be
made of even part of a debt, REGARDLESS of
Inc assent OF the debtor. Hutchinson o.
Simon, 81 Miss, 62S.
2 Anything which clearly uoar;ea.t. a.
1ntention Of the creditor to make a specific
appropriation OF a particular thing to
particular purpose and wiIlinonasz ~ az
part of the transferree to accent such ammo.
priation, may take effect as an enuifaaF.la
assignment, Pass ?, McRae, Sc Miss, l48s
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

g. An order drawn on a particular fun,
Is operative az an assignment of the func
and will make the drawee equitably ans We r
able to the payee for a failure to comply
with the order
4. By the great weight Of authority it i.
settled that bill or draft payable generally
and not specifying or referring to any par
ticular fund, does not operate as an equit-
able assignment. RyaH q. Rotcles. 2 Lea
Ca In. Eq. 1850 An order payable out OF
particular fund vests in the payee a right
to the particular thing appropriated. 4
Dill of exchange confers no such rights. 1t
IS payable generally and at all events, and
the idea of transfer or assignment of a
fund does not obtain. If accepted the
drawee is bound by his acceptance. An
order operates as an assignment without
acceptance. A bill of exchange does not
operate as an assignment, even after accept
ance.
5. The doctrine of Corser V. CRAIG. /
Washingtons' G. c. R., is that a bill of ex-
change viii operate as an assignment of the
money in the hands of the drawee, if the
payee notifies him that he so considered it.
If this doctrine could be sanctioned, it
would not maintain the compliments case
They did not notify Foote that they relied
on transfer, but endeavored to get an ac-
ceptance, and, failing to do this, desired to
be informed of the settlement with Sanford
that they might intercept anything going to
him.
The case of Wheatleyv Strobe, - Cal %,
is not sustained by authority. The opinion
indicates that the court failed to observe
the distinction between orders and bills of
exchange.
After diligent search, not case has been
found in which the drawee of bill of ex-
change who refused to accept il or in any
way to recognize liability thereon has been |
leld liable by the drawee, after paying his |
Indebtedness to the drawer.
1t Is unnecessary to notice the question of |
practice in the case.
Decree affirmed.
Jarnagin, Boyle & Jarnagin, for appellants.
Orr & Sims, contra.
TTo ha rapor+a1 7
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

The trial of Mr. C. NJ Hull for shooting
at ]. E. Ashcraft commenced on Monday,
before J. P. Tackett, Esq, at this place
There were a large number of witnesses
subqenaed on each side, more than fifty in
all, we understand. As the substance of the
testimony has to be reduced to writing, the
case may occupy all the week. Messrs J.
E. Gwin and Jno. T. Hull represent the de-
PENDANT, and Messrs. III. s. Allen and @. A..
Wilson, the State.-Lexington Advertiser.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
D. W. CLARK, EFT AL,
VS.. No. 34OS.
J. CLARK e. Co.

J. CLARK & Co.
Appeal from the Chancery Court of Lee
County, Hon. l.. Houghton, Chancellor
| Mrs. Dunn bought land at a commission
er's sale. Her. merchants, J. Clark and Co.,
at her request paid for the same, she agree
| ing to give them a mortgage on the land.
| By neglect the mortgage was not taken
until two years afterwards, and then it was
invalidly executed, the husband of Mrs.
Dunn failing to sign.
After the death of Mrs. Dunn, Clark &
Co. filed a bill to foreclose the mortgage
adding a prayer for general relief The
Chancellor denied a foreclosure, but fasten-
ed lien on the land for the money ad-
vanced.
CHALMERS, c. J.
Held
l. A loan of money to person san jatris
to pay for land will create no lien thereon
when purchased in favor of the lender
He must rely on the personal responsibility
of the borrower.
But such a contract imposes no liability
on a married woman, and the rule is differ
ent when she is the borrower and acquires
the property.
n HldIlcu WOllldIl can IOJ Duy lstlu on Il
credit, but if she assumes to do so, the ven
dor can compel her to pay the price or sur
render the land. If the vendor has been
satisfied with money advanced by another
for the purpose, court of equity will sub
rogate him to the rights of the vendor.
,. The money advanced by Clark & CO.
was charged on general account against Mrs.
Dunn Sufficient payments have been made
to extinguish this item; but the law will
not apply the payments in that way because
the advance of the money did not create a
legal debt against Mrs. Dunn on her estate
The payments will be applied to the valid
debts.
3. The amount of the decree below was
in excess of the amount advanced to pay for
the land, with interest. To that extent the
decree is erroneous.
Reversed and decree here for proper
amount.
Blair & Clifton, J. A. Brown, w. L.
Clayton and w. 2. & J. B. Harris for APP
pellants.
J. L. Finley and Fontaine & Mitchell, for
appellees.
To no ranOrfad I
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
The Meridian Compress.
Meridian Mercurv

MeEIuIaH mercury.
Compressed cotton was being loaded on
cars yesterday to be transferred to the hold
of vessel at New Orleans, at a cost of 81 so
bale from compress to its place on the ves-
sci. IF the farmer derives any of the bene-
fit of the cheap rate, he is indebted to the
enterprise that built the compress in our
city. And, another thing, it is virtually
tranferring the business of New Orleans to
Meridian to that extent.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
UNsPOKEN LOVE.
TEMPLE BAR.

Il hat love only blest
Which finds an outward voice
Or is the love not best
That knows, but hides, its choice ?
Doth music breathe no love,
Because IL tells no name2
Do poets verses move
None but the poets hame2
Is that love only sure
hich shows to outward sight2
Or doth tt best endure
That shuns to seek the Light
sui waters run a. deep
IS those that hurry by;
The little flowers that sleep
Live, though they seem to die.
Then keep thy treasure STILL
safe in thy secret breast,
To open is to spill;
Unspoken love is best.
Thus soul shall speak TO soul,
And heart shall beat 10 heart.
without the forced control
Words, idle words, impart.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
Not 50 bad as a Funeral.

n. ;. L1pFesS-
To represent the Democratic party as
dead, when it has cast a majority ofthe pop
ular votes in two successive Presidential
elections, Is an absurd abuse of language.
The affairs of the party were badly managed
In the late campaign, but failure Is not
half so bad as funeral.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
ITO be reported ]
JONI II. EVANS, J
V. , No. $3.50.


NJ. q. MILLER.
Error to the Circuit Court of Washington
County. Hon. b. +. Trjmble. Judge.
,r,ri.- H. .,f..,1-, 81 - o, H.
4PDi'
IAN" Oh E'ah7 anu u9eu the tlmOer III
erecting buildings and fences on his own
land. Evans pointed out to the EMPLOYEES
of Miller the sunrosad limo ee,,,rat;,cr tbo
''iN
Iahd7 Oh the parties. a subsequent survey
disclosed the true line, and Evans sued in
assumpsit for the value of the trees cut on
bis land
~,
Inc court instructed the jury substan-
italy that Evans could not recover because
he consented to the cutting of the trees.
and bec,,sa the timber not bo,,;,,c, heor,
,,o,,.,-,.I -. -. -.
Co' q '0' mo iiio''eS' '9'uilit 7lI Nouiu not
lie, but that the remedy was by an action
of trespass or trover
Cu,r,,rps q
mn
-r.,...,.-....-., =.
~ f,.t,I iolis
beyond the supposed line and did not
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
Pensioning Grant.
N. Ysun.1

d
Have any Of the capitalists who see in the
rich Mr. Grant an object of charity ever
bestowed thought upon Abraham Lincoln's
Widowf
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

The Appeal quotes a passage from
the New York Times showing that it is
the intention of the Republican majority
in the House of Representatives to I'M
seat Gen. Chalmers-and adds:
What is here said by the New York Times
expresses the purposes of the Republican
party to which Mississippi is indebted for
the law by which these {, 1853 votes were
throw out by the election commissioners.
All our political sympathies are with Gen
eral Chalmers, and we would like to see
him continued in his seat in the House of
Representatives, but before all things we
are Democratic, and it is not Democratic to
thrown out 1858 or any number of votes
it is not Democratic to disfranchise men
who have not been convicted of crime; it is
not Democratic to disfranchise whole COM
munities, and thus sap and undermine the
great principle of q free ballot it is not
Democratic to surround the ballot with
formalities and complications to the confu-
sion of the ignorant voter, and thus place
between the citizen and the expression of
his opinion barrier, the force and effect OF
which depends upon the disposition, within,
caprice, prejudice or purposes of an cleo
ton commission. In the days when the
carpet baggers were working their viii in
Mississippi and other States of the South,
the Appeal constantly and theoretically
protested against it. It is our duty still TO
protest against it-aII the more our duty,
because, as faithful sentineIs, we cannot
permit that TO pass within our party which
we condemn in our opponents. We sin
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

THE Republicans in the Georgia Leg
islature voted solidly for Ex-Governor
j. T.. Brown for u. S. Senator.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
OBSERVATIONS.

would like to expatiate further upon
what more have seen and heard IN this
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
JAMES R. CHALMERS.
VICKsBURG, November 20, 1880.
THE APPEALS RECONSIDER.

Below we have copied SO much of the
Appeals rejoinder as is germane to the
subject in controversy:
As to what lawyers may say about ii
(viz: the action of the Warren county
commissioners well, like doctors,
they disagree. But as we have before said,
there will be lao disagreement with those of
the craft who will be found among the Re-
publican majority of the House of Repre-
sentatives of the forty-seventh Congress.
They will, the leading Republican papers
inform us, make short work of it. They
will not regard the dashes that are ordina-
rily used in such jobs as election tickets as
significant marks or as marks at all within
the meaning of the law of Mississippi "a
law by the way that ought to be repealed
in january
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
ERvoLANT OR FLYING MACHINE,

upon which he has obtained a patent and
of which he had a model machine nearly
completed when he had the misfortune to
have it destroyed by fire at Starkville The
machine or air ship is constructed in the
form of double ended boat, from the
extreme bows extend-both at the front
and rear ends-a fan-shaped rudder perpen-
dicularly arranged and held in its places
by pivotal fastenings and turned from right
to left and rice rersd, by means of cOrdage
and pulleys and under the control of pilot
exactly like, or on the same principles, that
a pilot controls the rudder of a steamboat
This boat is suspended to three elongated
spherical shaped balloons, divided into
sections, covered with net work as usual,
and the gas to keep them inflated is to be
made upon the boat with one of Otto's
Automatic Gas Engines. The details are
too great for this notice, but Mr. Sullivan
seems to have struck a new and correct
theory as to the navigation of the air, and
if he should succeed his invention will link
his name with those of Fulton, Morse,
Edison, and other great inventors of the
nineteenth century. In his publication
upon the subject, he says, sit viii be
vehicle offering all the facilities of transit
with speed and safety through the air as
high as it possible or practicable to ascend,
and for purposes of pleasure, scientific
research, or business travel through or into
the serial regions above us" Mr. Sullivan
will start North in few days to have his
machine built and proposes to cross the
Atlantic with the first one. IF Sullivan
succeeds in building a safe and reliable
machine that passengers can go into quickly
to Honey Island and from point to point in
"the bottom" or elsewhere, without the use
of slow steamboats, or broken down
livery stable stock, he may count upon
selling one or two machines in Jackson
sure
OBSERVATIONS.
would like to expatiate further mon
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

to make the College a success, and a source
of pride to the State and the farmers
of Mississippi, whose special interests this
college is intended to foster in the education
of their sons, in making of these noble boys
young men who will not be ashamed to be
called tdTmers-who will not be ashamed OF
the noble avocation of their fathers before
them, as unfortunately so many youths are
who return to "the old farm house with
the insignia of graduates from our literary
colleges.
Gen. Lee is going to have the farm at
tached to the college cultivated in the most
thorough manner. He is going to fertilize
extensively with cotton seed he is going ia
raise various products, and will use i'm
proved agricultural implements of real
merit as far as the limited means at his
have been donated to the college by Nothern
manufacturers and more will be. A work
shop will be added, by and by, where the
boys will be taught the use of tools. The
boys appear cheerful and contented, and it
surprised me to see with what dexterity a
lot of them were handling axes and grubbing
hoes clearing up piece of wood land near
the college. They cannot, after returning
home, plead ignorance how to cut wood to
make fires for their mothers. Some 235
boys are upon the roll of the college and the
dormitory not yet ready. Is is greatly
needed. The contractor has been greatly
hindered in his work by wet weather, but be
is now working most all his force upon one
wing of the new building and expects to COM
plete it very shortly; it will accommodate the
stewards and 100 hundred students; the re-
mainder of the dormitory will accommodate
as many more when completed. The entire
building is very large-four stories high, and
erected with view to the comfort and good
care of the health Of the boys. With time
another similar building Gas was the origi-
nal design) will be req uired to accommodate
the large number of boys of the State that
will attend this College if parents are wise
in wanting to make Of their sons scientific
agricultuFials civil engineers, architects
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
Travels in Northeast Mississippi.
EAST MIssIssIppI Nov 81 $50

LA9i -hiS9iSSiPPl, NOV. u, 1851
EDITORS CLARION: A recent visit to
Macon, Starkville, Columbus, Okolona and
Aberdeen, after several years absence, ena-
bles me to speak of the great progress which
all these inland cities of Mississippi have
made within the time, substantial progress,
which has been made despite the misrule
and grinding taxation in the past, imposed
upon this prairie region by the carpet
baggers, despite the destruction entailed by
fires and by storms, and despite the failures
Of several years crops first upon the list
comes
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02

l found this little city considerably i'm
proved, also, but not improving much at
present. Business was quite dull, SO the
merchants reported. There is nothing of
special interest at Okolona. l heard no talk
of her making an effort to build her railroad
to Grenada. A windmill in the middle of
the principal street, runs pump to draw
water for man and beast in OkolOna. Many
other localities in these prairies would do
well to initiate Okolona in this particular
A citizen of Okolona, J. r. Johnson, | was
told, had just completed steamboat at Full
ton, upon the Bigbee river; so Jackson is not
alone in her glory in steamboat building
From Okolona | repaired to
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-02-18
LATEST BY MAIL.

Chicago. Feb. l6.-H. L. Pewere, laces
and ruchings. failed. Creditor. in the east.
Liabilities, $4,000; asse,a, $1,000.
Wheeling. w. Va, Feb Is In referenc.
to the proposition Of the New York Herald
To make him one of the comm, sinners to
distribute The Herald fund in Ireland, PAT
nell said be had concluded to accept.
provided Mr. Bennett would allow him t.,
appoint proxy To serve 10 bis s,ead until
ne (t'arnel') returned to Ireland.
Cheyenne, Feb. l6.-The prisoners in the
county Jail this evening made desperate
attempt to escape. but were prevented BY
The plucky sheriff, who shot one of the pris-
oners in tue l.g and in return received se.
we're bruise from u elung shot made BY tying
piece of coal in a handkerchief.
San Francisco, Feb. l6.-The working
men to-day continued their demonstration
and visited several places where Chinese are
employed with request for their discharge
The directors of the Mission and Pioneer
woolen mills announce the discharge of
Chinese in their employ. whose place.
will be- filled with whites.
Fargo. Dakota, Feb 15-The passenger
train that left Bismarck week ago is no,
half way to Fargo yet, and no special pros.
pect Of it reaching us before Tuesday. The
present series Of storms have blockaded the
road longer than any other this winter. 1t
seems a. if mild day was invariably fol-
lowed by blow. To-day is windy.
Nashville, Tenn, Feb. 16-Gen. John
F. Wheless, chairman Of the military com
,nittee Of the centennial exposition, will
issue to morrow an invitstion to the citizen
soIdicry Of the United States 10 participate
IN the cppteunial celebration at this poip,
April "a. vt which time there will be award
I'd $2 600 in prizes to companies exhibiting
the highest perfection in drill and soldierly
appearance.
Chicago, Feb. l6.-The Union Pacific to.
day notified the Western railroad managers
meet ng that their proposition respecting .
pro ra,e per mile ticket from San Francipco
TO New York was not accepted, and that
arrangements had been made with the
Penn-vlvania road to carry western passen-
gers via Of St. Louis. The Chicago
roads will attempt to interfere v th this
plan.
Augusta, Maine, Feb. 16.-The missing
county returns of last Sep,emb -r's election
were found to-day in the chamber recently
occupied by Governor Garcelon and with
other papers are 10 the possession of the
investigating committee, who will give
them special attention. These papera, it is
said, impiica,e several persons in Kenne.
bee, Androscoggin. Oxford, Franklin and
Washington counties in changing and cub
rtituting returns.
Chicago. Feb. l6-The executive commit.
tee Of the national republican committee,
Consisting Of Measra. Filley. New and Coop.
er, report tha, the exposition building. when
fitted up according to the plans, will be the
most perfect hall in The country for the con.
| ven,ion. The democrats are making siren
nous exer.ions to secure the democratic na
tional convention for Chicago and a com
mittee of eleven eminent citizens will star
for Washington Thursday night to presen
arguments.