davidaulloa/AmericanStories huggingface dataset:
, 1880-05-09
IMPORTANT TO THE FAIR SEX

VAN sCAAACk. STEVENSON s CO. Chicago. Ill
Wholesale Agents for the Drug Trade
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
JOHN WILLIAMS and WIFE.


JOHN WILLIAMS and WIFE.
Error to the Chancery Court of CoahOma
county, Hon. W. G. Phelps, Chancello-.
Plaintiff in error filed his bill in the
Chancery Court of COahoma county against
John Williams and his wife, for the purpose
Mrs. Williams a note for SGOJO, made by
Williams and wife in February 1873, pay
able to the order of Williams, the husband,
and by him endorsed to plaintiff in error
for money then advanced by the latter to
said Williams. The note was made at
New Orleans, in the State of Louisiana.
The property Sought to be charged with
said debt is situated in Coahoma county,
and is the separate estate of Mrs. Will
liams, under a devise made to her BY her
sister who died in 1868. By her will she
provides as follows: "My whole estate
real and personal shall 90 to my sisters
Ellen Mayes, wife of X. B. Mayes. and
Louisa Williams, the wife of John Will
liams. for and during their natural lives,
and this bequest is to their sole aud sep
arzte use. in which their husbands respect
lively shall have no right or interest" The
will then proceeds to dispose Of the re-
maindeT after the termination Of the life
estate, to the children Of the two devisess.
The position Of the complainant is that
Mrs. Williams holds this property as her
separate estate in virtue Of The will alone,
and unaffected by the statutes Of this State
on the subject Of the property Of married
women. and that her power to charge this
separate estate Is to be determined not by
the provisions Of these statutes, but by the
general principles Of equityin relation to the
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
A MOTHERS LOVE.

All, who can measure the height
and depth and volume of the love a
mother bears to her child? 1t is some
thing that will not-cannOt die. 1t is
an inheritance that can never be lost.
1t is touching remembrance that
still fingers about the deep recesses of
the most wretched and abandoned
heart. There is nothing like it in this
world. 1t is the foretaste of Heaven,
the connecting link with eternal love.
Where will you find kindred inspi-
ration No where but Heaven. 1t is
God-given in its boundless plenitude-
God-like in its immaculate purity.
Young man, if you have mother, if
YOU are enriched with this great
wealth of love-let it be your boast
let it be your glory, to carry to that
loving and faithful heart as much of
comfort and happiness as you can.
How dare you wiring that true soul
with anguish by disreputable conduct?
BE man, and rather make her fading
eyes dance with gladness and joy by
bringing to her the evidences of an
honorable course, and the promise of
a manly outcome.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

wise judgments rendered in the Circuit
Court in causes which were appellate IN
that Court, but the denial has been placed
on some provision in the statute, when
made the judgment Of the Circuit Court
final.
3. 1t is urged by plaintiff In error that
the Circuit Court had no jurisdiction, ana
that the appeal to that Court should be dis
missed. He insists that the Judgment rem
dered by the Justices OF the Peace, being
| a dismissal of the complaint for want OF
prosecution before them, was not u final
Judgment, and that the plaintiff was not
concluded by it, and had right to insti,,
tute his suit anew, and therefore no appeal
10 the Circuit Court will lie. IL Is true the
Judgment of dismissal for want OF pros
ecufion does not finally determine the
rights of the parties litigant, but IL Is a nnai
determination of that suit. Under statutes
allowing appeals only after maj Juug-
ments, the decisions have been UNIFORM, so
far as our researches extend, that tle
Judgment is understood to be final II II puts
an end to the particular suit in which 1t Is
rendered, whether 1t finally determines inc
rights of the parties or not.
4. On the merits of the case, new trlal
must be granted. Complainant asked for
the recovery of southeast quarter Of sec
ton twenty-one, alleged to have been set
apart to the plaintiff as DOVER On the
trial the defendant offered to show that the
land of which he took possession was in
section twenty-eight The offer was refus-
ed by the Court, and, rs we think, wrong
fully. The defendant was not called upon
to make any defense. except as to land IN
section twenty-one, and the evidence 0fer-
ed was pertinent to his defense.
Judgment reversed, and new trial
granted.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
JOSEPH III. GILL,
SARAH +. JONES AND HUsB'D.


SARAH +. JONES AND HUsB'D.
Appeal from the Circuit Court of Frank
lin county, Hon. j. b. Chrisman, Judge.
This writ of error is prosecuted to re.
wise the judgment of the Circuit Court in
an action of forcible entry and unlawfu
detainer. 1t is insisted by defendant in
error that as the statute authorizing sucl
proceedings provides for an appeal to the
Circuit Court, but fails to provide specially
for an appeal or writ Of error to revise the
action Of that Court, the judgment is fina
and the writ of error must be dismissed fol
want Of jurisdiction.
II. Cassidy for plaintiff in error. VI.
Green for defendant in error.
GEORGE, c. j.,
Held-
1. We do not consider the position taken
by defendant in error as well founded
Writs Of error or appeals may be prOsecut-
ed from any final Judgment Of Circuit OF
Chancery Court, by virtue Of Sections 400.
41O and All Of the Revised Code, except
only in cases where. by statute, a special
provision is made to the contrary. When
a Judgment has been rendered in the Cir
cult Court it is n judgment Of that Court.
whether il be rendered in a cause Originate
ing there or brought up by appeal.
:. In some instances the appellate juris-
dictiOn Of this Court has been denied TO re-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

WE are glad to learn from friend
who has just returned from up the
river, that fears of an overflow are
fast passing away. At one time the
outlook was very gloomy and disaster
scented almost certain, but the waters
are now falling, and no levees on the
Mississippi side have yielded at all, so
now the bottom people feel safe.
Judge Warren Cowan Of Warren
county is reported looming up ia the
"-hoe-tring district" for Congress. In
the counties Of Coahoma, Bolivar,
Washington and Sharkey, st is said
that many and favorable inquiries are
being made concerning him, and that
indicat ons point to him as the COM
ing man." who will make at least
contest with the present incumbent
before the nominating convention.
Judge Cowan has proven himself to
be a wise, prudent, and active member
Of the State Senate, and has won for
himself an enviable reputation and
should he really become a candidate
| for Congress, the General had better
"look to his spurs.n
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

BROOKHAvEN has a new and very
fine looking Court House, and we found,
on flying visit to that enterprising
town last Thursday, the new officers
of the county, Mr.. J. l.. Mikell,
Sheriff, and Mr.. Martin Chancery
Clerk, looking perfectly easy and at
home, exactly as if the offices and the
new Court House had been made for
them. That fine Old gentleman, of
the old school, jesse Warren, still
holds the Circuit Clerks office, and a
a better officer or a more polished
gentleman could not be fund.
We paid a brief visit to the College
and made professional call upon the
charming and gifted young editors Of
the Whitwoith Beacon; found them
in good spirits and hopeful Of a great
future for their really meritorious
College paper.
Having only few hours to play on,
We could not visit many friends whom
weare always delighted to see. How
ever, we found time to drop in on Bob
Withers, who is as active as ever, fu'l
Of business and bnuyancy. He seems
to be very successful and very well
satisfied with his prospects. He is
every inch business man, and knows
how t. push it,
In tine middle Of the week Brook
haven is dull, but if YOU want to see
life go there on Saturday when all the
surrounding country empties its pop
ulatiOn into the corporation.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
II. II. CHANIBLISS,
VS..


VS..
JNO. L. MATTHEW'S.
Error to the Circuit Court of Tate county,
Hon. Samuel Powell, Judge.
October Sth, 1878, plaintiff in error made
his note for $50, to one Moss, payable OH
demand. After it became due, to-wit
January 8, 1879, Moss endorsed it to de-
PENDANT in error. On the last named day,
Moss gave his note to Tate u Co., for $50 9S,
payable one day after date, maturing, by
the allowance of three days of grace,
January 18th, 1879. On said January 9th,
1879, Tate 4 Co., transferred the last men-
toned note to Chambliss, and on the same
day Matthews, the assignee of the note
made by Chambliss, gave notice to Cham
bliss that he had purchased the note made
by him to Moss.
Matthews sued Chamblss on the note OF
the latter, which had been transferred to
him, and the latter relied on the note made
by Moss, the payee in his note, to Tate 4
Co. The suit was not brought till after
both notes were due.
1t is claimed that as the set-of attempted
to be used by Chambiss was not due when
he purchased it and had notice of the pur-
chase by Matthews of Chambliss' note to
Moss, the said set-off cannot be allowed.
Chambliss is attempting to set-off against
debt made by him to Moss, and by the
latter assigned to Matthews, note made
by Moss to a third person, and which he,
Chambliss, claims that he bought before he
had notice that Moss had transferred his
note to Matthews. The debt relied on rs Il
set-of is not the result of u dealing between
Chamblss, the maker of the note, and
Moss the payee, before Chambliss had no.
tice of the transfer
The question presented is as to the rights
Matthews acquired by purchase of Cham
bliss note.
G. L. McLcnden, and Nugcnt 81 Melville
for plaintiff in error.
Stands ~ Jonson for defendant in error.
GEORGE, c. j.,
Held
1. AT the time Matthews purchased the
the instant of purchase Matthews might
have sued Chambliss on the note. AT that
time, and for four days afterwards, the note
relied on by Chambliss, as a set-off was not
due, and if suit had been brought by Mat
thews at the time he purchased, or on the
next day, when he gave notice of his pur-
chase to Chambliss, the latter would have
been unable to use the note he had pur-
chased as a set-off, because it is well settled
that no debt can be made available, as a set
off, which is not over due at the COM
mencement of the suit in which it is at
tempted to be used.
2. But Matthews did not sue till after
the alleged set off became due, and he is
not affected in his right by this delay. His
rights were fixed at the time he gave notice
of his purchase to Chamblss. If the lat
ter then held no valid set-off, which could
be used against Matthews, he could after
wards acquire none. The rights of the
parties are to be determined as they existed
at the time the notice was given.
3. The debt pleaded as set-off must be
an existing demand an present. previous to
the assignment of the debt sued on.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
SUPREME COURT DECISIONS.
Reported weekly by j. w. Jenkins,
Attorney as Law.
J. w. HOWARD, Sheriff, \

u. w. HOWARD, SnerlH,
vs..
A. PROSKAUER, ct al.
Error to the Circuit Court of Monroe
county, Hon. J. A. Green, Judge.
Sundry creditors of A. Strouse sued out
attachment writs against him. The oldest
of these was at the suit of A. Proskauer 4
Co., and all the writs were levied upon a
stock of goods which were sold as being
pershable in their nature, and the money
realized held by the Sheriff. At the May
term, 1870, of the Circuit Court of Monroe
county, judgments were obtained against
Strouse by all the attaching creditors, but
that of A. Proskauer ~ Co., was of superior
lien, because of the priority of levy. Be-
fore the money realized by the sale of the
goods was paid over to them, the other
creditors united in bill filed in the Chan
Gerry Court, to which Proskauer q Co.,
Strouse and the Sheriff, Howard, were
made parties, alleging that the debt upon
which Proskauer a. Co.'s judgment was
based was fictitious and fraudulent, and
praying that said judgment might be an
nuled, and that the money in the hands of
the Sheriff might be paid over for ratable
division among themselves. They asked,
also, for temporary injunction restraining
the Sheriff from paying over the money to
Proskauer Il Co., pending the litigation,
but failing to give the necessary bond, no
writ of injunction was issued. The
Sheriff answered, admitting the holding
of the money by him, and asking leave to
pay it into Court to abide the event of the
litigation. Proskauer Il Co. demurred to
the bill, and at the September term of the
Court the demurrer was argued and taken
under advisement by the Chancellor, but, a
few weeks thereafter, and before his de-
cson was announced, Il term of the Cir
cult Court having arrived, Proskauer Il
Co. made in that Court motion against
the Sheriff, to compel him to pay to them
the money in his hands. AS an answer to
this motion, the Sheriff informally pleaded
the pendency against himself of the Chan
Gerry litigation, verifying his plea by pro-
luction of the record. The Court below
the defense insufficient, and gave
Judgment on the motion against him, from
which he prosecutes this writ of error.
Houston Il Reynolds for plaintiff in
error. Gholson 4 Houston for defendants
II error.
CHALMERS, j.,
Hed-
The motion was improperly sustained.
A Sheriff cannot be compelled by motion to
,ay over money to Judgment creditor
Who appears by the writ to be entitled to
t while bill is pending in Chancery
lgainst him and the creditor, bya third
person claiming the fund.
Judgment reversed and the motion dis
missed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

TIE Washington correspondents
have done an act of injustice to Maj.
y. D. Banks, of this State, by mixing
him up il the disreputable business OF
Senator Ben. Hill and Jennie Ray
mond. Maj. Banks is not the Clerk
of Senator Hills committee, but a
gentleman named James Banks holds
that position, and he is doubtless the
person who interviewed Jennie at the
Capitol the other day, in the interest
of the Georgia Senator. We hope the
Mississippi papers will place Maj. a.
ID. Banks right before their readers.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

OUR friends of the East-the two
Simmons'-one Sheriff of Neshoba,
and the other Sheriff of Scott-make
annual pilgrimages to Jackson on Off
cial business with the Auditor. Upon
their visit last week, we had the pleas
ure of welcoming them to our sanctum.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

On the 18th inst, the Knights of
Honor had a celebration and banquet
at Lake, at which Grand Dictator
Major Gibbs, made fine speech,
which will be published in our col
umns next week, together with the
elegant poem of Miss Antley, read on
the same occasion.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

A RECENT private letter from En-
terprise, dated March D, states that
the town was under water, the entire
sand flats being covered, though the
water had not reached the front row
where the store houses are built.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

ONE of the most favorable indica-
tons of the popularity of THE COMET
is the gratifying fact that nearly all
of its old subscribers are promptly re-
newing with expressions of kindness,
good wishes and satisfaction.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

THE steamboat Little p, of the
Parisot Line, was burned to the waters
edge, and the hull scuttled, near
Vicksburg, on the 9th inst. She had
over 100 bales of cotton on board,
which was fully insured. The boat
was valued at $1,000 and insured for
81 O0O
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

THE COMET acknowledges the re-
ceipt of about $50 new subscriptions
and renewals during the week just
past, but on account of the pressure
upon our columns, we have no room
to print them in this issue.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

T. J. CHAMBERS Esq, of Dallas,
Texas, has published a letter accept
ing the nomination, for Vice-President
on the Greenback ticket. Mr. c. will
probably not accept the office.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

Rev. DIR. John Hunter, Of Jackson,
preached a series Of very interesting,
able sermons from the pulpit Of the
Presbyterian Church at this place last
week. He left here on Monday last
for hi home-followed by the good
wishes Of all.-HazoO Herald.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

EX-Gov. SEYMOUR, of New York,
is willing to make a sacrifice of him
self, and accept the Presidential NOM
nation on the Democratic ticket, but
will make no scramble for il.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
Saturday, March ~, 1850.
NOTICE!

Col. Il. ID. Eaton, otherwise pap"
having withdrawn from the agency of
THE COMET, this paper now has no
travelling agent who is authorized to
receipt for subscriptions or advertise
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

A FORT WORTH, TEX policeman
shot and killed negro named Jim
Poster, on the 2lst. Poster was
engaged in the pleasant pastime OF
wife beating at the time.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
Justly Proud Of Him.


Hon. Chas. b. Howry returned home
from Columbus last Saturday, i'm fine
health and spirits. He made his mark
in the Legislature, and Lafayette is
justly proud Of her able and eloquent
son.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

In the English University boat
race, between Cambridge and Oxford,
the latter won by three and one-half
lengths. Time y minutes, % seconds.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

The meeting of the Democratic
Conservative State Convention has
been postponed until May 9th.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

GALvEsToN's petition has been
Granted. U. S. G. was entertained
by the authorities of that city, on the
23rd inst.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

The present indications are that
Congress will not adjourun before the
first of July.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

WARREN HosKINs, a successful saw
mill man, of Lake, dropped in to see
us last Wednesday.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

THE Hancock wave is assuming
large proportions all over the country.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

WORK on the Texas Pacific Railroad
is progressing rapidly.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

CONGRESS will probably reduce the
tariff on paper stock.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

THE Piano-makers lockout in New
York is about over, most of the work
men having resumed their labors.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27

CeudrillOn is a new gauze material,
heavily wrought with gold and silver
thread, for ball dresses
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
Green's Bank
JACKSON, MISSISSIPPI.
ESTABLISHED IN 1913.


a o al
of hroughou
If be o eradvan o open account
nbranc collections
htHcr
1--WE u priM lie anSct o
and sell a kind sof iheson smal6st marin
collect Of
WeTay on
We all
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
PRESLEY WARD NELSON, !
The STATE.

THE STATE.
Error to the Circuit Court of De Soto
county, Hon. Samuel Powell Judge.
Plaintiff in error was indicted and con-
victed of the murder of Charles Gallaher,
and sentenced to imprisonment in the Pen
itentiary for life.
The principal ground of error assigned
i'm the case is the action of the court in
rejecting for incOmpetency two jurors who
upon their examination by the court,
answered that they were not hOusehOlders.
This ruling of the court was based upon
2724 of the Code of 1871, but it Is claimed
that this is in conflict with Section 10,
Article of the Constitution of the State,
which provides that "no property qualifl-
cation shall ever be required of any person
to become a juror"
Stands and johnson for plaintiff in error
T. c. Cathings, Attorney General for the
State.
GEORGE, C. j.
led
1. If the term householder in the
Statute were interpreted to mean that it
was necessary in order to be a competent
juror that the person should be the actual
tenant or occupant of Il house, the statute
would not be viOlOtion of the Constitu-
ton, since permissive occupancy as a
tenant at will would fill the requirements
of the statute, and such an occupancy
would be in no proper sense property
qualification or right. Such tenant has
no certain and indefeasibe estate, and
nothing that he can assign to another.
2. Our view is that the term "hOuse-
holder" in I124 means a person who has a
family whom he keeps together and pro-
vides for, of which he is the head or
master. lie need be neither a father nor
husband, but he must occupy that posi-
ton towards others of head or chief in a
domestic establishment. The statute re-
fers to the civil status of the person who is
to be a competent juror, and not to his
property.
Judgment affirmed.
The daily gazette., 1880-06-28

A FEW YEARS AGO., when Gen
eral John F. Hartranft was the Re.
publican candidate for Governor Of
Pennsylvania, the Democratic press
of the State bestowed upon him the
elegant title of Hangman Hartranft
1t had happened that at the time d
the execution of the persons who
were privy to the plot to assassinate
President Lincoln, General Har-
tranft was subordinate Of General
Hancock, who was the subordinate
of somebody else. Of course, no.
body has or will bestow any such
epithet upon the soldier candidate
of the Democracy, but it is lucky
thing for him that he is not the
Republican nominee.-Philadelphia
Press.
The daily gazette., 1880-06-28
SHEsIrF'S SALE.

SHENItF'S SALE.
BY virtue OF q writ OF Levari FaciHs
to me directed, will be exposed to public
sale, AT the
LAFAYETTE HOTEL, No. sii shipley st.,
kept by Isaac Q. Pyle, in the city oi
Wilmington. New Castle county, Dela-
ware. on
ON FRIDAY, the I'd day OF July, A. D.,
1880, at 2ocOcK, p. m,
The following DESERT bed real estate, viz
AL that certain lot or piece or parcelo nd
situate In the city of Wilmington, afore-
said. bounded and described Is follows,
to wit: Beginning at point on the north
cry side OF seventh street. between Jef-
IersOn and Wollnston streets at the dis
tance OF II feet, o 1 ches from the easterly
side OF jefferson street, thence horthei ly
parallel with Jefferson street 81 feet to an
alley, feet wide, thence easterly along
said alley, and parallel with Seventh
street, Is feet 10 n stake, then southerly
parallel with Jefferson st. 81 feet to afore-
said side OF seventh st. and thence along
the same westerly Is feet TO the place OF
beginning. be the contents thereof what
they may, with three-story brick dwell
ing house thereon erected.
Seized and taken in execution as the
property OF Thomas B. Beeson aud Mary,
A. his wife, and I. t., and to be sold by
JOHN PYLE, sheriff.
Sherifr's ONCE, New Castle, June 10th,
loSA jel7-3tawts.