davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

that ANYTHING which clearly maniiests the
Intention of The creditor to make q SPECIFIC
appropriative of q particular thihg 10
particular purpose, and Willingness on
The part of the trarsferee to accept such
appropriation may take effect as mn eqult-
able assignment.
3. IL Is we'll settled that an order drawn
on a particular hlnd is operative as an as
sionment Of the fund, and will make the
drawee equitably answerable TO the payee
for a failure to comply with the order; anu
il Is equally well settled by the great
weight of authority In England and Amer
len that ga bill or draft payable generally
and not specifying or referring to any par
ticular fund does not operate Ms an equita-
bile assignment"
B. The distinction Is between IN ORDER
and a bill of exchange. An order, payable
out of designated fund, Is n specific APP
Dropriation of that fund, and vests in the
payee a right to the particular thing thus
APPROPRIATED, which will be made effective
as against the thing, by treating the person
on whom the order Is drawn MS holder OF
what Is so specifically appropriated, for nm
in whom it has been vested by the ORDER
4. A bill of exchange coniers no such
rights, and has no such effect. IL Is paya-
BILE generally, absolutely and at all events.
IL does not appropriate any particular
thing to the payce. The idea of transfer
or assignment to the payec OF an interest
I'm n particular fund does not obtain in
reference to bill of exchange. 1t has, a
distinctive character, and is attended by
certain legal incidents. If accepted by the
drawce, he is bound by virtue of his accep-
lance, and not upon the ground of an as
sgnment of so much money in his hands
belonging to the drawer. An order operates
as an assignment without acceptance by
,bo Ir,,yae hill of exchange does not
operate as an assignment, even after 1t has
been accepted.
5. After diligent search for case in
which the drawee, who refused to accept
the bill of exchange or in any way TO re-
cognize any obligation as imposed on him
by it, and who afterwards paid his indebt-
edness to the erawer or to his order, has
been held liable to the payee of the bill,
we have not found it, and believe such Il
case does not exist. We are not willing to
make such precedent.
Decree affirmed,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
Death of AN Old Resident.

MERIDIAN, Miss, Nov. 24.-Major
j. $. Randall, an old aud esteemed
citizen, died very suddenly last night
at his residence, few miles from
town, and was buried here to-day.
Major Randall was one of the pio-
neer merchants of the town having
established business here as early
az 1860. A few years since, owing
to commercial disasters of an eX-
tensiye character, he retired from
business, and resumed the manage
mem Of the Plantation where he died.
Very few men have ever lived here
who were so popular in life and so
universally regretted in death.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
SUPREME COURT DECISIONS.
Reported weekly by j. w. Jenkins
AttOrney.at-Lnw
ocroBER TERN. 1850.
O, A. LraoN

y, A. LIdoN
VS..
CATHERINE SPENCER, ET AL.
Error to the Chancery Court, LIST District
Kinds county, Hon. II. G. Peyten, Chan
cellor.
Wesley Crisler died seized and possessed
OF n tract Of land in Kinds county, on
which he lived, and left surviving him his
wife (Catherine) and three minor children
lie left also viii disposing Of his entlre
estate. real and personal. In the dispose
ton Of the former the only provision ior
the wife was ms follows 81 wish her to
have her dover in all my lands as provided
by law, for the term of her natural life, and
subject thereto" Nc.
Since said Crisler's death, his widow and
children have lived together on said lands,
without any partition thereof or assign
mcnt of dover. the widow having married
one Spencer. While she was the widow Of
Crislcr she became indebted to Lyon (plain-
tin in error, who sued and obtained judg-
ment againt her, upon which execution
issued and was levied upon her interest in
said lands, which was sold hereunder and
purchased by Lyon who filed this bill
against her and her said children to have
partition of the lands and himself put into
possession of her interest therein.
1t was objected by the defendants that
the said Catherine had no interest in the
lands except II right of dover which had
never been assigned to her, and which was
not subject to levy and sale under eNecu-
ton at law, and consequently that Ligon
got nothing by his purchase at the eNecu-
ton sale. The Chancellor decreed for the
defendants, from which Lyon prosecuted
Il writ of error.
shelton ~ Shelton for plh. in error.
j: w. Jenkins for defts. in error.
CAMPBELL, j,
Held
1. The widow held as dowcrcss, and not
as Il purchaser.
3. The common law doctrine is that be-
fore assignment Of dover the interest of
the widow, us such, in the lands Of her de-
ceased husband is not an estate, but Il mere
claim, u chose in action, and therefore not
vendiblG under execution. This view of
the claim of the widow to dover in this
State was announced in Wallis VS.. Smiths
heirs, 2 5. Il NJ. 30, under statutes nearly
the same is were in force when this ease
arose, and is the prevailing doctrine in the
United States.
B. In some of the States having statutes
similar to those of this State, AS to dover,
the widow is held to be tenant in COM
mon of the land of her deceased husband,
with his heirs. Although this view seems
the more rational, the contrary has been
announced in this STATE. AS above stated
Decree affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

ITappears that Kenward Philip has
developed symptoms Of an alarming
case Of the white feather, and has
made up his mind to thrust harrow
ing confession full in the face Of Il
curious public. Listen to Truth:
nlNo pl,oI "o,,,,,,",,on in Nnndaujs
Philip, which he is now preparing.
Az he was upon our staff when the
letter was published, and as we first
published it, he believes it due to us
that we should first make public the
confession of his guilt in the matter.
That will fully establish our good
faith throughout, if anything were
nece, sary to establish it "
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
PRESIDENTIAL MESSENGER,
NcOOba Herald.

NcOOba Herald.
The electors from this State are daily
in receipt of letters from persons who
desire to carry the vote of this State to
Washington, and thus earn the enOr-
NOUS sum of two hundred and fifty
dollars. Some of our exchanges sug-
gest that Capt. Barry, one of the cleo
Tors, be selected. 1t makes no mate
rial difference to us who is selected
but We make this suggestion The
newspapers of the Stale have worked
increasingly for the election of the
electors, as they do upon all occasions
when the party is to he benefited, now
we hope the electors will recognize the
work done by the press by selecting
one OF the many newspaper men in
this State to be the bearer of Missis-
slppls vote, and we suggest that Col.
Cooper, Of the COMET, be the man
and if it should be that this suggestion
is adopted, we venture the assertion
every one will he satisfied and
Pleased.
The editor of The COMET returns
his hearty thanks to his brother of
Scooba for his friendly suggestion. |
But he is not willing to antagonize
his friends in different parts of the
State who have sought this cmolu- |
ment, by entering into a struggle
against them for it. 1t is distinction
and profit that hardly any newspaper
man of Mississippi would feel able to
declineif rendered, but when, accord
ing to our old friend, Elector Spight,
there are already something like
thousand Richmonds in the field for
this honor, he does not feel able to en-
harrass the Electoral College any
more and, Therefore, will not present
himself as a candidate.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
An Awful Death.

The following additional particulars
of the awful demise of Milton Story,
and the biting of a number of dogs at
Spring Hill, Maury county, have been
furnished us by gentleman of that
place On the Witt place lives a man
by the name of Story. Their eldest
son, the finest looking man, perhaps,
in the county, weighing, without sur
plus flesh, 221 pounds, was fondling,
last March, a shepherd-dog that bit
him on the finger. 1t healed up and
he thought nothing more of it. Last
Friday he was in Spring Hill, as well
as any man present. The next day he
was seized with hydrophobia in all
its horrors, and tried to bite his
mother, who fortunately made her es-
cape. Twenty or more men gathered
there on Sunday, but on account of
his great power, all were afraid to ap-
prOach him. He was barred up with
rails and wood, and left to tear him
self to pieces. Mother, father, friends
and neighbOrs had to stand and see
him die by piecemeal. He begged to
be killed, and was continually plead
ing for pistol to kill himself. All
prayed for his Immediate death. AbOut
daylight this prayer was answered.
He became quiet, and upon examina-
ton he was found to be dead. Every
piece Of furniture i'm his room. incIud- |
ing mantel-bOard, chairs, beds. bed
steads, carpets, windows and blinds
were shivered and torn into atoms
He was covered all over with froth. |
or foam and blood. His arms and |
limbs were literally torn to pieces
ITEM. Banner.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
JAMES JOHNSON \
VS.. :
Al InHNrDAN

VI. j. JOHNSON.
On Re-argument. At the April term the
Superior Court, in this case, held that in 4
suit for divorce, brought by defendant in
error againt plaintiff in error, on the
ground of habtua cruel and inhuman
treatment, marked by personal violence,
the wife defendant in error was dis
qualified by law as witness against plain
tiff in error cher husband) to testify as to
acts of violence by him on her.
1t was again submitted on petition for
re-argument.
White Il Bradshaw and l.. Brame, Tor
petitioner.
GEORGE, j.
Weld-
/. The provision in the Code of 1871,
zIj6, though framed in different language
Is in substance identical with the provis-
ion on the same subject in Article 100, page
$40 of the Code of 1857. Both remove the
disqualification OF witnesses arising from
interest in the suit, or in the record as an
instrument of evidence; but they remove
no other disqualification. Under the Code
of 1857, it was fully settled, before the
adoption of the Code of 1871, that the hus-
Tor or against each other in civil pr rcsefs
ings. TO Obviate this ruling, when the
Code of 1871 was adopted an additional
section was added providing specially that
husband and wife were competent wit
nesses for each other in civil proceedings.
Under the section removing the disqualifi-
cation of witnesses on account of interest
husband and wife, under both Codes, have
uniformly been held incompetent for or
against each other. Under the added sec
ton of the Code of 1871, they are made
competent for each other.
3. 1t is insisted that the wife is, as was
held by the Chancellor, competent at least
to prove acts of personal violence on the
part of the husbGnd, but all the authorities
we have been able to consult, except one,
confine the competency of the wife at COM
mon law to acts of personal violence, COM
mitted by him on her, when he is pro-
ceeded against crlminally for such acts.
We hold this to be the extent Of the
exception in Byrd the State, 81 Miss. !
The authority against it is The People
V. Mcrcien, 8 Page II. Al, in which Chan
1ellOr WalwOrth cOnfesses he has no
authority for the conclusion reached by
lm. We are not disposed to follow this |
sOlatcd authority against what we regard |
Is the settled rule
3. Tho reason why the common law eX-
'luded husband and wife as witnesses
gainst each other applies as strongly to
livOrce suits as any other, and we feel no
disposition to relax the rule in order to facil-
tate the granting of divorces, for which
here now seems to be as many faVOring as
gencies are consistent with the welfare of
Ociety.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
TO INSURE LARGE CROPS, USE

p o. Box 92S NEW ORLEANS.
TO INSURE LARGE CROPS, USE
The tadard Fertilizer Of tie South, SeTres' Bone
Supey- Phosphate. Sternes' Pure Ground Bone.
In offering the well known Fertilizers, manufac-
tured nv the STERNs' FERTILIZER AND CHEMICAL
MANUFACTURING COMPANY, to the planting com
munity the coming season, we respectfully solicit
your patronage.
agriculture, have no superior as an effective and
economical agent to enrich the soil. In regard to
their purity and efficiency we refer to our numer-
Gus patrons and consumers throughout the South,
who have tested and unanimosly endorsed our Fer
tiZer as the most reliable commercial Fertilizer of
the age.
DIR. Joseph Albrecht, whose reputation as thor
ough Chemist, is well established, personally super
intends the Manufacturing Department.
AS a Cotton Sugar and Cerea producer, it stands
pi continent All we desire is Il trial and compare
son with Fertilizer Guano.
Our facilities are unequalled for the manufacture
of Raw Bone r-Ph0sphates, Raw Bone Ammo
mated Phosphate, Pure Ground Raw Bone, Sui
phurc Acid, Muriatic Acid PhOsp0ric Acid, Solu-
ton Super-Phosphate OF Lime, Solution super
Phosphate of Alumni Muriate OF Tin Crystals,
Bone Black OF all Grades Copperas, Meats Foot Oil,
and the Celebrated Perchloride of Zinc and Iron
Disinfectant Nitric Acid, Aqua ammonia, Sol
Murate of Tin, Sui OF Zine, Sui. OF Soda, Muriate
OF Ammonia, Bone Ash, Sui. Lead, Ground Horn,
Ground Hoof and Dried Blood also Compounded
of Special Formulas, to which we invite the atten-
ton of close buyers, and solicit your orders.
For further information, apply at our Office No.
.. NJ. SORIA, p. esldent.
Nov o. soft
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

An old Rerks county man made it Il
subject of prayer how he should vote
in the late election. He put the two
tickets into his vest pocket, being still
unable to decide on election day, and
drew Il paper out haphazznrd and voted
it. When he went home he examined
the contents Of his pocket to see how
he voted. There We're both tickets
still, and he had put in the ballet box
an order for barrel of cider
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
The Future Orthe south
Philadelphia Public Ledger.

These evidences of commercial ac
tivity, agricultural prosperity and
general progress, these manifestations
of good temper and business-lIke spirit
in the midst Of political disappOint-
ment are, AS we look ut them, very
wholesome, and certainly they are
very welcome to that overwhelming
majority Of the Northern people who
are actuated by goodwill to the
South. They cannot fail to have good
effect over all other sections Of the
country, and are among the things
that will inspire the confidence and
invite the corporations and capital
we believe TO be needed in section OF
the country possessing great capabil-
titles and rich in undeveloped resOur-
ces
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
Another Garfield Paper for Lower
Duties
New York tirapllic

New York Graphic.
1t was three consecutive good har-
vests mainly which brought resump-
ton and made the good times--nOt
the Republican party or protective
tariff, and thousands of citizens who
voted for Garfield and Arthur know
it. Thousands of consumers through
out the United States feel that war
tariff is being imposed in peace times,
and, while not desiring free trade,
they do feel that the tariff ought to be
lowered and simplified. At present it
gives a few manufacturers eXOrbitant
profits and makes the general public
pay for it. 1t is all very well to talk
about high wages for American arti-
sans, but nothing is said about the
high cost of living which IA high tariff
and a decent regard for
the interest of the agricultural and
general consuming classes would seem
to dictate Il lowering of the tariff as
well as simplifying its present and
pnerOus provisions.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
The southern Christian Institute Of
Mississippi

This is an organized Institution t.
educate colored people in the Southern
States, incorporated by an act of the
Legislature Of the State of MlssIs
sippl approved March s, 1875, aud con-
firmed by an amending act approved
March 8, 1880.
1t has liberal charter; ample
powers; nearly $4,000 of subscribed
stock some real estate in Jackson
Mississippi; an endowment of $500 a
year for Primary Department. and
about $500 cash in hand.
1t is proposed to establish and amply
endow Bible College, Normal
School for both sexes Model Farm
for the boys; Boarding Hall in
which the girls can learn housewifery;
and general Literary and Scientific
Department for all.
To do all this well, and thus make
the Southern Christian Institute what
it oughtto be, and must be, the best
school for the education of co!ored
people in the world, money-much
money will be needed. Indeed, the
proceeds of million or two, ut the
best rate of interest, would not he too
much.
The charter OF this corporation puts
it under the control of the Chris
tian Church, of which the newly
elected President of the United States
is an honored member in good stand
ing; and to raise this fund | propose
that every man, without regard to
party, creed, color, locality, or previous
condition, who voted tor James A.
Garfield, contribute voluntarily one
dollar towards it. 1t would be the
highest compliment they could pay TO
the man of their choice, and would be
a monument of their appreciation Of
his worth of the most delicate character
more glorious than elections, and
presidencies, and power pertaining to
time, and more enduring than
statues, and columns, and pyramids
made by mere human hands.
And let this be done at once. "Now
is the accepted time, "To-day"-when
each such voter sees this call, let
him incIose his dollar and direct it to
me. 1t will come safely, and be duly
recorded and published in our first
catalogue. Or, if he prefers it. let him
see his neighboring voters and in
crease the remittance to any amount
and send it to me in II registered letter,
postofllce money order, or draft to my
order.
The latter is the better plan, and
let some active man in every voting
precinct in the United States undertake
the work and do it well and faithfully.
But let it be done Immediately; for if
enough money reaches me in time, |
propose to lay the corner stone of the
best college buildings in the South,
within one mile of this city, on the
fourth day of March next.
viii not every constituent of Bro
ther Garfield, everywhere, hear this
call appreciate the high compliment
it gives to their successful candidate,
and respond promptly?
And will not the Press in all parts
of our great country, and of all creeds
and parties, recognize in its author an
old time confrear; and help him in the
pet work of his old age by giving this
document place i'm their columns and
calling the attention of their millions
of readers to it editorally. Address
DIR. S. r. JONES, President
Board OF Trustee S c. |.
Jackson. Miss. Nov %, 1884.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27
BUSH, REDWOOD a. Co. |
II. w. FOOTE, ct al.

II. w. FOOTE, ct al.
Appeal from the Chancery Court of Nox-
ubec county, Hon. +. A. Critz, Chancellor
II. w. Footc employed one Sanford to
build three brick houses for the aggregate
sum of $1,000 90. Sanford began the work
and, being without money to carry it on,
borrowed some from appellants for that
purpose, with the understanding that the
latter should be paid out of the amount to
be due from Foote.
On July It'll 1879, Sanford's Indebtedness
to appellants amounted to S294O 40 and he
then drew general bill of exchange for
that amount on FOote in favor of appel
ants, payable Aug. LIST, by which time San
ford expected TO have the buildings COM
pleted.
Foote was absent from home at that time
and did not return till September, when
the bill of exchange was presented to him
which he refused TO accept, although he
owed Sanford more than that amount.
Appellants then requested FOOte to notify
them when he was ready to settle with
Sanford so that they might protect them
selves. to which Foote made no reply.
Afterwards, without the knowledge of
Appellants, Foote settled with Sanford
and paid him in checks amounting to
$500 90 drawn on appellants (whO are
bankers and with whom FOOte had money
on depOsit.) Sanford assigned the checks
to other parties and on their presentation
for payment appellants paid thereon S559.bs
and refused TO pay the balance (s294O. 42l
claiming that the bill Of exchange drawn
by Sanford for that sum on Foote was an
assignment 10 them Of that amount due by
FOote to Sanford on the building contract
FOOte Afterwards bought the checks at a |
discount and brought suit thereon against /
appellants, whereupOn the latter obtained /
an injunction against FOote to prevent him |
from proceeding with said suit. The in
junction being subsequently dissolved,
this appeal was taken.
Jarnagin, Boyle and Jarnagin for ap-
pellants.
Orr and Sims Tor appelle=s--
CAMPBELL. a.,
l7eLd-
!. This Court is committed 10 the doc
rine that a valid equitable assignment
nay be made % part OF q debt. regardless
81 the assent or wishes q the debtor, and
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

GEN. MALONE is pronounced 10y his
personal organ, the Richmond Wing,
to be "a Democrat, a SOutherncr, and
above all, an American patriot" Ac-
cepting all this to be true, there can
he no longer doubt as to how he will
vote in the Senate.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

A young lady went to drug store
recently a for prescription. How
much z" inquired the lady. 4Eify
cents, y said the clerk. "But | have
only forty-iive cents with me-" re-
piled the Customer: Cant YOU. lat
me have il for that - "NO, ma'am. q
said the clerk, "but you can pay ME
when you come in again" "But sup
lpse i were to dieg' said the lady.
PECULIARLY. well, it wouldn't be a
great loss" wa the smiling response.
And Immediately the smiling clerk
got red from the indignant flush on
the lady's lace, that he had been mis-
undersiOod-S- w. Presbyterian.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

WE are intor ned Of the death Of
Col. $. f. Cary, General Pass Agent
of the G. st. l.. & n. O. r. r., whose
body passed up yesterday evening for
intrrment at Holly Springs, his former
home. His loss will be keenly felt by
a host of friends, and especially by the
management of the Great Jackson
Railway rOIlIe.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

Father" said a smart boy, "the
lecturer at the hall tonight said that
the lunar rays are only ..concen-
trated luminosity of the eath's satellite.
What do you say to that?' All
moonshine, my son; all moon,hine."
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

"IN what condition was the patriarch
Job at the end of his life?n asked Il
Brooklyn Sunday-school teacher of Il
quiet looking boy at the foot of the
class. "Dead" calmly replied the
quiet looking boy. - Christian At
Work
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

INDICATIONS point to four Congress
sional contests from Louisiana, the
contestants being Republicans, who
will charge bulldozing, intimidation,
and frauds generally.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

THE New York Times has practi-
cAlly abandoned is project to raise n
Presidential pension fund. 1t did not
strike the public favorably, and the
response was not calculated to excite
uuthuSiaSm
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-11-27

REMARKS the New York World:
"How extremely awkward it would
he if, after all, that Morey letter
should turn out to have been written
hv General Garfield