davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
A GOOD Point.

GEN. Lowry in his speech at Vicks-
burg made a good point in favor of Gen.
Hancock. lie contrasted his conduct
in Louisiana in declaring that the free
dom of the press was the ''rightful inher-
itance" Of American citizens and should
be preserved, with the conduct of Gen.
Orr, Military Commander of this State,
about the same time, who caused the
arrest of Col. NIcCardle, the distin-
guished journalist, for exercising his
" rightful inheritance" and daring to
comment on his public acts as they de-
served.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
Hon. J. R. Mcintosh.

This well-known, public-spirited citi-
zen of Okolona--lawyer, planter and
banker-was at the capital this week.
He was a member of the old guard OF
the Democracy in the famous Legisla-
ture of 1872, who struck the first stall
wart blow for the deliverance of the
State from carpet-bag rule, which pre-
cipitated its overthrow He was the
Chairman of the Chickasaw County
Executive Committee in 1875, and led
his party to victory in that grand strug-
gle. In 1876, he voluntarily declined
a Congressional nomination when the
honor was within his grasp. He has
not sought political preferment, but has
always been at his post when blows were
to be given and received.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
The Bread and Butter Corps.

Acting President Hayes has prom
ised the Chairman of the National Re
publican Committee, the wh5le power
of the administration As a Republican
factor in the Presidential election How
is this for non-partisan, conservative
administration, which has prated about
civil service reform As there are
about one hundred thousand otHce-hold-
ers, the force will be formidable, but
the Democracy will be equal to the
emergency.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
No More Eight by Seven Commits
siOns.

The delegates from Harrison county
to the Congressional Convention of the
9TH District, went under the instruction
contained in the following resolution
ResoIUed. That the delegates from Harrison
county to the Congressional Nominating Con-
vention al Hazlehurst on July 18th. 1880, be-
fore casting their vote first REG aired of the
didate for whom they instructed TO vote,
that he pledge himself, in he event OF the cleo
tion OF Hancock nd English as President and
Vice President OF the United States. 10 adhsrs
oaLQ TO the old constitutional method OF declar
ing the result, should any doubt : TO their
election arise; and not to agree To any Eiecto-
raj or I 10 5 Commission or other such devise.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
Holmes County.

An election to fill vacancies for nu-
merous offices in Holmes, beginning
with the Sheriff having been ordered to
be held on the 1st Monday in Novem-
Der, DR.. J. S. Mccain, Chairman of the
Democratic County Executive Com
mittee, has named the 9TH of August as
a proper time for the Democracy to as
semble in precinct conventions and Sc
lect delegates to represent them in the
county convention, to nominate candi-
dates to be voted for in the election.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
The Anniversary of the Historic Day.
COUNTY MASS MEETING AT RAYMOND ON
THE 18TH on AUGUST.
Kinds County Gazette

A regular meeting of the Club was held Sat-
urd evening, 18th inst, W. J. Crisler in the
chair H. A. Huntley, Secretary.
On motion of a Major Harper committee OF
three was appointed to take charge of the can
non, viz; A. B. Sivley, S. D. Harper. Kelly
Boyle.
On motion, 1t was determined that flag
pole should be raised on the public square,
and w. L. Key, B. S. White, D. S. Fearing and
NJ Ward were appointed a committee to attend
to the same.
A committee composed of A. V. Shearer, D.
s. Fearing K. Boyle and W. L. Key was APP
pointed TO request the ladies to make United
States Flag for the Raymond Hancock Club.
i On motion, ii was ordered that a Basket Din
ner be given on the 18th of August, and that
all the Hancock Clubs Of the county be invit-
ed to attend.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
q. ". BISHoP. EFT AL,
vs.. No. BIB
Tt4auTLr- r tsENn..rr.s

q. ". BIsHoP, EFT AL,
NS. 80. 3-I4.
CHARLES RosENBAUM.
Error to the Chqucery Court of Kemper
county, Hon. Geo. Wood, Chancellor.
Rosenbaum purchased from Wood 4 Co a
stock Of goods. This frm was largely ia
solvent owing about $4,000 Sundry of
their creditors, believing the sale to be fraud
ulent, sued ont attachments and levied upon
the goods in possession of Rosenbaum The
first three attachments were levied upon differ
ent portions of the goods, aggregatiug near
the value Of the entire stock
Rosenbaum made a claimants affidavit and
gave bond in each of these cases, the three
bonds amounting TO near double the value of
all the goods. Two other attachments for small
amounts We're subsequently, levied on The
stock Of goods, and Rosenbaum again gave
bonds for the forthcoming of the property.
The sheriff informed him that there were other
creditors and that the goods would be levied
upon in each case. Rosen baum thereupou
filed this bill against the sheriff and the credi
tors of Wood 4 Co, alleging irrepalable in
jury TO him by the successive levies in excess
of the value OIL the goods, averring the bona tides
of his purchase, and praying an injunction.
which was granted.
The creditors demurred separately. urging
.bat the cbancerv court had M i,,r;-I;,tja.,
:f - 10 ~
li''s lItch as 'llt eI"IHl'ht h'd iu-I ana ade-
quate remedy for any damages he might sus-
tain by suit on the UNDERWRITING bonds given
t,, +to o,o,i+, 81 a.. a. IN
f..;o,1s :, iaf,,f,,.a1 I A., -
larlouS ~ joining al the matters IN one suit
1t claimed as to the creditors who frs
levied that tbAv had ,l,pa NJ, ,Y,or,, o,,d Id
- INV ''' -
Simply pursued theif Iegal riShtsi that II
complainant had any right to an Injunction,
it was only against the subsequent levies
Tho da',,.,.,., ,,,,., l...,,i.4 - - e.
&c "'i' ofsi tIe" ana on una
nearing decree was entered for complainant
/ Defendants prosecuted writ of error
CHALMERS, J.
He'd
l. The demnrrers were properly overruled.
Inc re:iledy pointed out by me statute for the
prive the chancerv court of inrisdictjon IA
interpose in this class of cases 10 prevent a
multiplicity of suits
:. Whenever the right of a party aggrieved
can not be protected in the ordinary course
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

IT Is said that General B. j. Cham
bers, of Texas, the nominee on the
Greenback ticket for Nice-President, has
announced his intention Of withdrawing
from the race on account Of i'll health
The place Is not calculated to promote
a healthy condition Of either body or
mind, and therefore We hope our old
friend Gen. West may not he called
upon TO accept it.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

Ok next Saturday, the unterrifed
Democracy of Attala will celebrate the
nomination of Hancock and English.
Hons. o. r. Singleton and FL. d.
Money, members of Congress, Judge
VIM Price, Elector for the 3rd District,
and Hon. T. A. Melville, Representa-
tive from Kinds, are the orators an
nounced for the occaaion.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
The Census in Some of the Mississin.
pl Towns.

Here is given the population of
few of the Mississippi towns by the late
census, and also the population by the
previous census. 1t is proper to add
that the inmates of the Penitentiary
walls were included in the population
ofJackson. They numbered about 1000 /:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

IF the appellant in : case of felony is on
bail he shall appear before the supreme court
to receive judgment. and in case Of an affirm
ance of the judgment, he shall be committed
shall deliver him to the keeper Of the Peniten-
tiary, and if the judgment of the court below
shall be reversed, the said appellant shall APP
pear before the proper circuit court to answer
according to the condition of his.bond or recog-
nizance, failing in which he may be proceeded
against in any case of failure to appear, as
obliged to de- in the circuit court, to answer
upon a criminal charge" Z 1882
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
Democratic Congressional Nomina
lions.

lst District, II. L. Mudrow; Sd II. D. Money;
9th, {. E. Hooker; 9th, J. 4. Chalmers.
Messrs. Manning and Singleton have
no opposition, and when the Conventions
are held in their districts, the list of
Mississippi Copgressmen for the term
commencing in March next, will be COM
DIete
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

R. K JAYNE, ESQ, is back again at
the helm of the Newton Report, and is
making a racy campaign paper, as well
as a wide-awake newspaper.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

The Vicksburg Herald says that a
contract has been closed for the COM
pletion of the Mississippi Valley and
Ship Island from that city to Big Black
River and bridging the same.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

Mr.. w. D. FRAzEE, of Okolona, is
mentioned as the probable candidate OF
the Republicans for Congress in the 1st
District.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

THE census takers have made many
queer discoveries. Up at Decatur. Hi
nois, they have found woman, who in
twelve months, has given birth to FIVE
children.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

PRoF. +. Y. RILEY, chief Of the
chronological commission, is canvass
ing the South making cotton worm
investigation. His assistants in NIissis-
sippi are, Prof. II. w. Jones, of the Uni
versity, DR.. L. IL Anderson, of Madi-
son, and Mr.. Lawrence johnson, of
Holly Sprincs.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

HoN, MARTIN MARSHALL, of War
rem, is Chairman of the Executive Com
mittee of the 9th Congressional Dis
triet.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
Cotton Statistics.

At latest dates the total receipts of
cotton since September l, in 1S79-S0.
were 4,925,792 bales in lS7S-79 were
!, AZ. eli bales: in 1S77-7S were 4.251.-
$40 bales. The price of cotton in Liver
pool AT latest dates was Sgd; in 1879
SD; in 1873 s. aud in 1877 68d.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

GEN. WEAVER, Greenback candidate
for President, is making a canvass OF
Alabama.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
The New York Democracy United

The Tammany independents Demo
Gratis have withdrawn their electoral
ticket, and resolved to support the one
nominated by the regulars. This unites
the Democracy of the Empire State, and
secures its thirty-fve votes for Hancock.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

Ex-Gov. b. GRAFT Brown has au-
Ineunced himself as Democratic caudi-
date before the next Legislature of Mis-
souri, for the United States Senate,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

a MOVEMENT is on foot in Virginia to
unite the regular Democracy, and the
readiusters, upon the same electoral
ticket.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

THE 9TH Of August has been set apart
for grand Democratic demonstration
in Choctaw county, by the Executive
Committee, Hon. ). +. Bridges, chair
man Orators for the occasion, Hon.
H. D. Money, Hon. II. l.. Muldrow,
Judge Price, Col. Brantly.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

GEN WEAVER, the Greenback can
didate for President, is making regu-
lar canvass. 1t is uphill business, but
the people can stand it, if he can
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
AFF1RMANcE IN cApITAL CASES.

Section 2814, Code 1871, is re-enacted. : IA
"a.
1t shall be the duty Of the clerk Of the court
to which the mandate is sent forthwith to de-
liver copy of the sentence to the Sheriff,
which shall be the warrant for executing the
convict. 1875,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
Col. j. B. DeaSon.

Our amiable friend, Col J. b. Dea-
son, Is willing to be victimized as an
Observation-Disclosures can
didate for Congress in this District.
He Is a joker, and We suppose is run
ming for the fun of the thing.
Col THOMAS CEIrTENDEN has been
nominated by the Democrats Of Missouri
as their candidate for Governor. He
was a Union soldier in the war, and was
nominated by large majority over
Gen. Marmaduke, a Confederate sol
der. Who viii say that Missouri is
not reconstructed?
CHAsrTNE Cox, the negro murderer
Of Mrs Jane DeForrest Hull, wife Of
Dr. Hull, in New York city has paid
the penalty Of his crime on the gallows.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

REPORTS of yellow fever at Memphis,
are officially contradicted.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
VOLUNTARY DISMISSAL.

"If any appellant shall voluntarily dismiss
his appeal after the transcript Of the record
has been filed in the supreme court, he shall
be liable to judgment by said court, az in case
of an afirmance Of the Judgment or decree
1929.
PROCEEDINGS IN CRIMINAL CASES.
Section All, Code .187l, is re-enacted z
1870.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

By reference 10 another column. it
will be seen that the Hancock Club Of
Raymond has set apart August the 18th,
the anniversary Of the great historic
day Of Kinds, for County Mass Meet
ing at that place, which all the clubs
and all the people of the county are ex-
pected to attend. Let it be demon
stration worthy of the occasion.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
DEATH OF ArPELLANr.

Section 10. Code 1871 as to proceedings of
reviyor in case of the death of an appellant l.
retained, but ills provided thatif twoterms OF
the court shall elapse after the death of the
party before the case is revived, the same
may be dismissed, and Judgment entered for
costs against the sureties on the appeal bond.
= mo
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
CHIEF JUSTICE.

Strike cat the first two clauses in 42o
Code III, requiring the judges TO choose from
among themselves presiding judge, ana in
lieu thereof. insert the following
The judge of the supreme court whose term
of office viii first expire shall he the chief jus
tee or presiding judge Of the court, anu lu
case of his absence the Judge whose term of
Office viii next expire shall preside. l4la.
The chief justice is selected as the person 10
preside while the court is in session. and
when the Senate sits as court of impeach-
ment in trial of the Governor he presides
Apart from this, the chief justice as such has
no superior authority. The powers and COM
peusation of the other judges are the same
and their opinions are of equal weight with
his Under the above section Juge Chalmers
viii be chief justice after the code goes into
effect, as his commission soonest expires.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

We viii publish other statistics as we
are able to obtain them.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
SUPREME COURT DECISIONS.
Reported for The Clarion by l. .Brame, After
ney-at-Law, Jackson, Miss.
APRIL TERM, 1880
JOHN J. CAIN,
vs.. No. 1882
Trr-,re

JOIN J. CAIN,
THOMAS KELLY.
Appeal from the Circuit Court Of Carroll
county, Hon. William Cothran, Judge.
Cain made verbal agreement To sell Kelly
d tract Of land for Il 200 Kelly was allowed
to 60 into possession for the purpose Of cutting
timber for wood and cross-ties which he had
contracted to deliver
Cain failed 10 make a conveyance of the
property, and Kelly was forced 10 give up the
possession, whereupon he brought this action,
alleging that the defendant hadagreed to exc
cute the writing; Jhat plaintiff had. on the faith
Of the agreement, borrowed 5000. TO make the
cash payment. and had engaged hands and
purchased teams. wagons and tools, TO carry
ON his business that by reason Of the failure
Of the defendant TO make the title and Of his
fraudulent deception, the plaintiff had been
damaged The parties differed as TO the facts
Judgment was obtained by plaintiff Tor $50
Defendant appealed
The opinion Is given in full.
CAHPBELL, j.
In Welsh as Larsoa b Miss. 10 the action
was maintained because of the bad faith OF
fraudulent conduct of the seller who refused,
wi hout gust cause, 70 corsummBJe the Far0l
COLtEbtt 1 ne utiiit=l .LLilEt OF the uAttl-t-e
that person who has failed to obtain what
his p3rol agreement induced him 10 eXpee;
shall be entitled to recover fer any loss direct
" incurred 5y ths fraud ct III parry dealt citb.
The case must be such 10 sustain an action
for decest, for the rules applicable Co which
reference l. made TO sans Us. L{agd, 81 Miss
COZ
In this case the dana ge> are greatly iuNsx-
cess OF any lie al claim OF the plaintiff. He Is
not entitled TO recover auyth NJ for losses in
CURED by him, by reasoa OF anything occur
ring between him and the defendant after the
3ist december, when he learned q The Uuwil-
inguess OF the defendant To reduce the con-
tract 10 writing, because OF Doubt as 10 his
right TO sell the land. lie IS entitled 10 recoy-
er only for what occurred prior TO that, AID
for deceit practieed by the defendant, if he
shall establish it.
Without passing on the instructions or the
several items OF the demand of the plaintiff IN
detail, we reverse the judgment ana remand
the cause for new trial IN accordance with
this opinion.
7. Il. Somerville Monroe AIcClurg and }.
B. II. Hemingway, for appellant.
NUgent X Neville, contra.
TT, Ia r,,,..,tal
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

THE Greenville Times announces the
death of w. N. Werles, (colored,) Cir
cult Clerk of Washington county. The
Governor will appoint his successor un-
til one can be elected under order of
the Board of Supervisors.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
PROCEss-RETURN DAYS

''The first day of each term. on the day
designated by law or by order Of the court for
taking up the docket Of q district shall be the
return day in said court, for all appeals, and
all process returnable before il in cases in such
district except in cases in which an appeal is
provided for at any time during the term of
said court. z 1902
Appeals from judgments against persons
deprived Of their liberty in cases Of haLeas
corpus and from judgment on informations in
the nature of quo lcarrdHto to try the right 10
any public office, whether state. district
county or municipal and INF actions of man
ddHqus in cases where the public interest is
concerned, and in cases at law, or in chan
cery, involving taxes claimed by the State
county, municipality, may be returnable
before the supreme court, without reference
to the return days for other appeals; 8
and said court shall consider such cases as
entitled to be heard without reference to the
district from which they are brought, and in
preference to all civil cases. and they shall be
heard and disposed of with all convenient
speed" 1903.
POWERS OF THE JUDGES.
Section 4O4, Code 1871, is in substance re-
tanned, except that the words "writs of error
are stricken out 1404
WRITs OF ERROR
Are abolished. To the great relief Of law
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

THE genuine army worm has made
its appearance in Washington county,
rs well a in various upland counties.
New ORLEANS continues free from
yellow fever, and no signs Of it appear
anywhere else in the South
CAPT. b. +. JOINS, has resumed the
sole editorship Of his excellent paper,
the Winona Advance.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
IN CASE OF 40 QUORUM.

The first clause of Z 40, Code 1871, is made
to read as follows:
If at the commencement of any regular
term a quorum of the judges shall not be pre-
conrt to adjourn it from day to-day, by an en-
try Of the fact on tho minute book, for twelve
judicial days, and if quorum of the judges
shall appea. BY the thirteenth day, the court
may proceed with its session; and if there
should not be clerk, or he shall not be in at
tendance any of the judges Of said court in
attendance may adjourn it from day 10 day
for twelve judicial days. bnt if two of said
judges shall so order, said court shall stand
adiourned to a later day. HOO
The balance off 407 is in substance re-enact-
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
For THE CLARIoN.l
THE NEW CODE.
CHAPTER 56-sUPREsrE COURT.
No. q

CHAPTER 56-sUPREME COURT.
DISTRICTS AND TERMS.
The districts remain unchanged 1897.
Terms of the Court are TO be held as prescribed
by 405, Code 1871, except that the April
term commences on the first Monday of the
month. 1898.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

The supreme court may try and determine
all issues OF fact winch may arise out of any
appeal before it and be necessary TO the dis
position Of such appeal, and 10 this end may,
by order in each case, prescribe IN what way
evidence may be produced before IT, on such
issna = l4la
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
DOCKET5 CALLED.

As required by 406, Code 1871, except thas
the docket of the frs! district at the October
term shall be called until the first Monday in
January. Z 1899
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
TERM OF IMPRISONMENT

Ia case of the affirmance of judgment for
imprisonment, if the appellant has remained
in Jail, the time shall be credited to him. but
/ if he has been on bail he shall be imprisoned
for the full term fixed by the judgment APP
pealed from 1431.
APPEARANCE TO RECEIVE JUDGMENT II
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
PRACTICE.

Section 413. Code 1871, as to the hearing of
cases in the supreme court is retained, with
the following added and when so remanded.
shall be proceeded with in the courts below
according 10 the directions of the supreme
court. or according 10 law, in the absence of
Such dirpctious' 10.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

yers and suitors. ali cases are to be taken TO
the supreme court By appeal The provisions
of the Code Of 1871 relating to the jurisdiction
AMI practice of the court are for the most part
retained, but those referring to writs of error
are dispensed with throughout, and an appeal
provided for in every instance.
JURISDICTION OF THE COURT.
As fixed BY 4J9 Code 1871. remains en-
changed 100
APPEAL NOT To FAIL FOR CERTAIN THINGS
No appeal TO the supreme court shall fail
be dismissed for the want of iuris dictl0u.
because of defect in the application for APP
peal or in the bond. or because of an y failure
by any officer to comply with the requirement T.
of law in references 10 appeals, but all defects
aud Irregularities may be cured by amend
meat. a 10 perfect the appeal. aud OBJ ain
the jud gment Of the supreme court in such
case; but said court may dismiss any appeal
for failure of the appelleut to do within "a
reasonable time. what may be necessary 10
perfect his appeal 1907.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
POWERS OF THE JUDGES.

Are abolished. To the great relief Of law
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

When the appellee is nonresident, or his
residence Is unknown, and he has no attorney
in this State, notice Of the appeal may be
given Republication. Ili2o.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28

If new trial shall be granted in felony
case and the person shall be in custody, he