davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
ROBT. MCGOWAN, guard'n

RoBT. MCGOWAN, guard'n)
Appeal from the Chancery Court of Mar
shall county, Hon. A. b. Fly, Chancellor.
The Chancery Court, upon the petition
of the sureties upon the bond of appellee,
as guardian, after due notice to him, made
an order that the said McGowan should
should give new bond with surety, as
guardian of his minor children, within ten
days, and upon his failure so to do, he should
be. and is hereby removed. The said new
bond and surety were never given, as re-
qured by said order, but MCGOWAN after
wards acted as guardian and was recognize
ed as such by the Court. The question pre-
scented is as to the validity of said order,
and its effect as to said guardian and his
future acts as such.
Arthur FAINT and A. NJ. Clayton for APP
pellants.
Featherston & Harris for appellee.
CAMPBELL, j.,
Held
1. The power to remove guardian duly
appointed is conferred by statute, to be eX-
crcised in a prescribed mode, and it cannot
be done except in pursuance of law.
2. If the sureties upon guardians
bond apprehend danger, and petition for
the guardian to be required to give new
bond, and, after notice to the guardian, an
order is made for him to give new bond,
Sin case of refusal to comply, he shall be
removed from office and another guardian
appointed. Acts of 1876, sec. 40, p. 100.
3. An order requiring new bond must
be made an opportunity must be afforded
to comply refusal to comply must be as
certained, and then the removal may be
made, but an order of removal, made
before default in the requirement to give
new bond, is without authority of law,
and void. A judgment which the Court
has no authority to render is void 1tmat-
tiers not what is the grade of the Court, if
it transcends its lawful authority its act is
void.
A. Removal from the guardianship is a
consequence of refusal to comply with the
order to give a new bond. 1t is proper to
make an order niSi, but unless this be fol-
lowed by an absolute judgment of
removal, the position of the guardian re-
mains unaffected, and his acts as guardian
are valid.
5. In this case, it appears that, notwith-
standing the order to give new bond,
which also removed the guardian in terms,
by anticipation, he continued to act as
guardian, and, as such, applied for and OBJ
tanned an order to sell real estate. He was |
thus recognized as still guardian by the
Court which had made the order of remOv-
al. Whether this was in ignorance or for
getfulness of the order of removal, or in |
disregard Of tits not material. The order |
of removal, being without authority of
law in the circumstances in which it was |
made, was a nullity, and the Court did |
right to act in disregard of it.
q. A judgment is the sentence of the
law upon existing facts, and not upon
what may or may not thereafter occur. A
guardian may be legally removed for an
failure to comply with an order
legally made, requiring him to give new
bond, but not because he may not in future
comply with such an order. Failure to
comply must be ascertaincd and declared
before the exercise of the power of
Decree affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
Detroit Free Press.

The other afternoon the tools, i'm
plements, fixtures, appurtenances, an
whatever else belongs to the gameO
croquet, were put in position On
lawn up Woodward avenue, and asI
young lady and young man VIII
seemed to be her lover took up tht
mallets to start the balls, bony look
ing old tramp halted and leaned o.
the fence and got his mouth puckera
up for something good. The yOunl
man took the first shot, and beON
the ball ceased rolling the girls vdo
was heard calling:
"You didn't knock fair-you've cd
to try it over !"
Before either of them were half way
down she had occasion to remind bin
that he wasn't playing with blind
person, and that she could overlook
no cheating. AS she went under the
last arch he felt compelled to remark
that her playing would rule her Oal
of any club he ever heard Of On tle
way back she asked him why he
couldn't be an honest man as well a
a jockey and a falsifier, and he lnqali'
ed why she didn't write set Of rule
to tally with her style of playing
"It's coming-tain't five mlnule
offw chuckled the tramp, as he lGoi
a new grip on the fence and sllautu
his eyes with his hat. nj
"Don't you knock that ball away
shouted the girl, a minute after
eyes, 1 will"
"Don't you dare to-" a,|
"I'm playing according 10 :"
rules" al
mo, you arn't! You've cheat"
all the way through"
II never cheated once J"
"And how you are adding theCFnu
of perjury! Sir, | dare not intrusI
future happiness to such lila ,nnG
could never trust or believe IN !Ou'
"Nor l in your .,a
"Then let us part fOreverW she i s1
as she hurled her mallet al Il '""'
dog. Am,
$50 we will" he Kissed as he Hons
his at her sleeping poodle: .,o nons
She bowed and started for Inc "O''
to pack up his letters. 81, an
He raised his hat and made lUi
approaching street Car to get down
time for the Toledo train: ,,orr
"That's all l wanted to AnUs
sighed the tramp, as he turned a. aT' y
I've been out in the WOODS ~ bn
years past, and 1 didn't KNOW m N
here had been some changes ="
n croquet, but see it's the saH'
game clear throughW
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

betlcal order, under which ruled Ala
bama was the first case called.
The credentials of James II. Rapier,
under the hand of the chairman and
Secretary of the fourth congressional
district, were presented, and after
hearing argument pro and con, the
committee, by vote of 81 ayes to IL
nays-three not voting-decided that
Rapier was entitled to a seat.
The vote in this case shows the COM
pleXlon of the committee.
1t is reported tonight that Col. Bob
Ingersoll will appear on the floor of
the convention tomorrow as proxy.
Ingersoll tonight declined to state
whether this would he so or not, but
admitted that he had been offared a
proxy.
Up to the hour of going to press,
(late Friday evening, } the Convention
had not succeeded in making nomi-
nation. The Grant and Blaine fac
tions were still sticking to their men.
The indications were that dark horse
might be the lucky one--perhaps Mr..
Edmunds, of New York.-ED.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
What a Men Need Wives for.

1t is not to sweep the house, and
make the bed, and darn the socks, and
cook the meals, chiefly that a man
wants wife. If this is all he wants,
hired servants can do it cheaper than
a wife. If this is all, when a young
man calls to see lady, send him into
the pantry to taste the bread and
cakes she has made; send him to IN
spect the needle-work and bed maxi
ing; or put broom into her hands
and send him to witness it's use. Such
things are important, and the wise
young man will quickly look after
them. But what the true man most
wants in Il wife is her companioDship,
sympathy and love. The way of life
has many dreary places in it, and man
needs companion to go with him. A
man is sometimes Overtaken by mis-
fortunes, he meets with failure and de-
feat; trials and temptations beset HIM;
and he needs one to stand by and sym
pathiZe. He has some stern battles
to fight with poverty, and enemies,
and with sin, and he needs woman
that, while he puts his arms around
her and feels that he has something to
fight for, will help him fight; that will
put her lips to his ear and whisper
words of counsel, and ner hand to his
heart, impart new inspirations. All
through life through storm and
through sunshine, conflict and victory,
through adverse and favoring winds
man needs woman's love. The heart
yearns for it. A sisters or a mothers
love will hardly supply the need. Yet
many seek for rothing further than
success in housework. Justly enough,
half of them get nothing more. The
other half, surprised above measure,
have obtained more than they sought.
Their wives surprise them by bringing
a nobler idea of marriage, and disclos-
ing Il treasury of courage, sympathy
and love.-Cape Fear Banner.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

period, and these twenty millions IN time
would supplant twenty millions of onr own
People, They could work and do work on
long contracts of ten aud fifteen years for
three dollors month, sum upon which
an American would starve, while they
would grow rich according to their own
low and grovelling standards of afliuence.
There is no limit to Chinese immigration
an immigration which fattens the AMI
mails whose pigtails are in the wrong place,
but which starve the native,born laboref.
The Chinese can never assim'late with our
institutions or our civilization. They are
filthy, diseased and Immoral. With cheap
Chinese labor, and paupers from Bavaria,
infesting every nook and corner OF the
continent, tho American government would
soon become nation OF paupers, for cheap
Chinese labor would make mendicants and
beggars of our own citizens, ~ seedy aud
needy az the paupers dumped upon our
shores by the Bavaran government. I'M
mediate barriers should be erected against
the tide of Chinese immigration, and the
peopling of this country with the starv'
iings of Bavaria should be stopped.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

of time, viz residence elsewh
tual absence from the STATE and
retaining his residence here The del
absent, the statute continussH ,.empor
favor. II, residing elsewhere L 10 run il
present here, the same result " a." Is actl
A. We do not mean by this , 'uoS'
clandestine or transient nra mat fur
would avail the debtor. Ia1rrsencC
through the State, or comm" Merely Pas
few hours or days each wesl INTO 1T
would not suffice. But wboroo1 \, or mo
here has been open, notoriounle pres
tinuous for weeks or months " and
creditor to disregard 1t wonld :" allow
violation Of the letter of tho s st Svem to
permits him only to ignore Tho S' ti,le "
which the debtor has been ahs S ,,me du
resided out OF the State. ''"' from
8. We think the visit of Mr.. -
her former home in 1872, and her. larri
for three or five months, came 0t r Say {
the requirements here laid dow 'ly u
IL entitled to have it computedI in that
and consequently that the suit is IL i her IA
Attained, '"'' u TIRE
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
SUPREME COURT DECISIONS.
Renorted weekly by J. w. Jenkins,
Attorney AZ Law.
APRIL TERM, 1850.
WILLIAM FRENCH ct al. J
VS.. \
DAVID LADD.

WILLIAM FRENCH ct al.
VS..
DAVID LADD.
Error to the Circuit Court of Grenada
County, Hon. Samuel Powell, Judge.
This is an action of ejectmcnt to recover
certain lands bought from the State, having
been to sold it for the nOn-payment of taxes.
The only question is whether copy OF
the list of lands sold to the State at the
time the lands in question were so sold, Is
necessary part of plaintiffs proof
FitzGerald & Whitfield, for plaintiffs in
error.
A. j. Baker, for defendant in error.
CHALMERS, j.
Held
1. The plaintiff suing on an AUDITORS
deed was bound to produce list OF the
lands sold to the State.
2. A certificate by the Auditor that the
lands "appear upon the original sales list
as having been sold to the State" was
properly excluded.
3. 1t is not necessary to give the entire
list, or copy of it, but only of SO much OF
it as relates to the land in question, accom-
panied by certificate that everything
shown by the list with respect to tits given.
Affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
Wasted Lives.

Some time since the whole nation
was startled by terrible tragedy.
Three maiden ladies, who were sisters
and lived together in Chicago, re.
solved to put an end to their lives
They deliberately talked the matter
over, and made arrangements to ac-
complsh their object aud avoid in
trusiOn. When the hour that had
been set apart for the fatal deed came,
the heart of the younger sister failed
her. She sat above shivering and
moaning while her sisters carried out
their insane resolutions, and by their
own act passed from this world to
their final account.
These women belonged to a respect
able family. They were people of ed
ucatiOn and refinement OF habits and
tastes They had lost no friends, suf-
fered from no disease. Their only
grievance in life was that they had
recently lost lawsuit that had de-
prived them of their incoNe.
There was no earthly reason why,
like other women they should not
have gone heartily to work to earn
their own living honestly. But it APP
pears that they had been taught when
children that the object of life was to
make display in the fashionable So
ciety of their own. When they failed
in this, 50 morbid was their ambition
that sooner than go to work, and so
lose caste in the eyes of their foolish,
fashionable acquaintance, they pre-
ferred death.
This extreme case Will, no doubt,
shock many a mother and young girl,
whose actions and aims in life are
every whit as foolish and false. In
order to wear a certain trimming or
cut Of gown, or to visit in some petty
clique of their town or village, they
sacrifice all the great and real uses of
life.
We have seen a girl disappointed i'm
not marrying a rich MIN whose
wealth would have given her these
paltry social distinctions, as she grew
older settle down into bitter, selfish, |
woman. Was not this, too |
elf murder, and that of the soul?
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
THE CINCINNATI CONVENTION.

The South has an interest in the
kind of nominations to be made al
Cincinnati, as important-if not OF
more vital Importance than any
other section of the country. Be-
cause the matter of State government
in the South, Ga consideration of the
greatest consequence is superadded
to all those national issues and con-
Germs that depend on these national
contests. This is particularly true OF
Mississippi, Louisiana and South Car
DINA, and in a comparatively lesser
degree of the other southern States.
If our party should be beaten in any
of those States named, in n national
canvass, the chances of the Radical
party for getting possession of the
State governments are at once greatly
strengthened.
1t will remembered, also, that the
South is expected to provide one hun
dred and thirty-eight of the one hun
dred and siXty-fve votes in the Elec-
toral College, necessary to elect a Pres
ident. To accomplish this the South
must be kept solid.
Now it is quite evident - not any
more from considerations of policy on
the part of the leaders of the National
Democratic party, than MS Il matter of
Justice to the South - that Il ticket
should be named at Cincinnati that
will meet the hearty and cordial APP
prevail of Southern Democrats. We
can't carry the South solid on any
" choice of evils" theory. That was
tried with Mr.. Greedy. And in Missis-
sippi was unsuccessful with Dent
against Alcorn, and afterwards with
Alcorn against Ames. People VIII
never get enthusiastic and tear Their
clothes, and split open their Threats on
Il deliberate, nicely calculated 'choice
of evils.n Don't let us act on the no
ton that they will.
We think this is just precisely the
proper time to speak out on this sub
iect. After the nomination, it will be
too late.
The meaning of this is, that Missis-
sippi most decidedly does not want
Tilden nominated again, and his NOM
would be the weakest one that
could be made so far as this State is
He is not popular in this
State. Out of sixteen delegates there
is not more than one that has the least
possible leaning to him. This is fact
worthy of consideration. We hope it
will be seriously considered.
Whatever else the Mississippi dele
CATION may do at Cincinnati, we hope
il will make its voice and influence
heard and felt against the nomination
Of Mr.. TiIden.
Whether justly or unjustly, 1t Is
not necessary now to consider, but the
fact remains all the same, that many
and weighty charges are made against
this presidential aspirant. They may
all be slanders-admit that they are
and still the fact remains that Mr..
Tilden will have to deny and defend
and explain all through the
canvass, instead of waging an Often
sive war. He will be defendant,
when the success of our party depends
upon being plaintiff, of attacking,
and notactingo on the defensive. Wenot
only have no charges to make against
Mr.. Tilden, but We have no unklnd
words to say of him. We only repeat
that his nomination would he unwise,
and would not be for the good of the
party in this State, or, probably, not
in the South. This much we have a
right to say, and this is the proper
time to say it.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
II. G. PINDELL, Executor,

/
ii. S. j. HARRIS and husband.
Appeal from the Chancery Court of Shar.
key county, w. A. Percy, Esq, Special
Chancellor.
This is suit against married woman,
upon stated account, with written promise
to pay executed by her after marriage, as
to debt contracted before marriage.
The only question decided is as to the stat
ute of limitation.
The written promise was executed in
1865, at time when the statute of limita-
lions was suspended in this State. The
statute began to run April I'd, 1867, at which
time the defendant resided here. She con-
tinued to reside in this State till October
1871, when she removed to Memphis, Ten
nessee. -Four years and six months elaps-
ed from the time the statute was set in mo-
ton until her removal from the State. She
returned here in April, 1873, and resided
for fifteen and half months, and then
returned to Memphis, where she has since
continued to reside. The two periods to-
gether aggregate five years and nine and a
half months, being two and e-half months
short of six years.
In 1872, while confessedIy resident of
Memphis, she visited her mother, with
whom she had always resided, at her home
in Madison county, in this State, and there
remained for four or five months.
Upon this state Of facts the lower Court
held the claim to be barred.
n pbofus 81 r.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

Meridian Mercury.

Mr.. w. r. Pierce, respected old
citizen living above old Marion, got
snake bitten yesterday morning, and,
we fear badly. About an hour before
day he went out to feed horse and
feeling in the dark to pick up corn, he
got his hand near a snake which bit
it. He supposed it to have been a
rattle snake - he is sure he heard 1t
shake its rattles, but thought from the
noise il may be a small one. Mr..
Frank DUR, who saw him very soon
after says the pricks Of the snakes
fangs were near an inch apart. Mr..
Pierce lives one, and had to go to a
neighbOr's a quarter Of a mile of for
assistance. He had no m dicine ex-
cept kerOsime, which he put on the
wound and drank some. Mr.. Durr
bad whiskey at his house, a mile away,
and Immediately sent for it, ADVISING
him to drink it freely. Mr.. Durr left
him and came GA to town, since which
we have not heard from him. He was
suffering much, and we fear il will go
hard with him.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

The San Francisco Chronicle has as
certained that Cinnamon decline &c
become naturalized because the Chi
nese penal code declares that all per-
sons who renOunce their country and
allegiance shall be beheaded. The
property of all such criminals is to be
cOnfiscated, and their wives and chill
dren distributed as slaves to the great
officers of state. Their parents, grand
parents, brothers and grandchildren,
whether habitually living with them
under the same roof or not, are to
be banished to the distance Of 1900
leagues. All who who conceal or con-
niye at the crime are to strangled.
Those who inform against the erimi-
mails are rewarded with the whole Of
their property.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

THE Goss-Ryan prize fight took
place near Golfers Station, West Vir-
ginia, ON June 1st, and after eighty
five rounds were fought, Goss' seconds
claimed foul, which was not allowed,
whereupon they refused to continue
the fight, and the referee decided in
favor of Ryan. Both men were badly
n1pisbpI
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
Ralph waldo Emerson

Emerson has ceased to be a le !. M
but those who remember MN ~ nt1ss
role will recall that silvery s~eV ssr
of voice which rendered nm IL aIosqy
mating. He read his Mss. ylJ ID
and yet in an easy manner, wlll WHY I'd
ed much to the general effect ,bIT
made lecturing and Literature oaTiet
profitable, and Is said to be the n Ion'ep.
taxpayer in Concord. l wen nj ,t dJ
Der hearing him lecture IN aDT ngi
thirty years ago, and the se"Tbk|
day | met him in Wall street. ,n,,r.IWr|
In his case, seemed a very naLu trsDs
nection. He was not so mueh ~ ID
cendentalist, but be knew InlO., m
vest money. One secret Of E.lnneebsus|
popularity was his incon ! n,papt
bility. Few could tell what Le "a bsI
and this gave peculiar inter end ID
writings among a class OF WU ,SStbs
philosophers. It is doubtful , wd n
Emerson himself UNDERSTOOD '. pssssF
wrote. This was by no mean tbb|
tial. Modern philosophy ,.,rjbsps
you say strange things, bu. ~
YOU understand them or no, EN- ID
different matter. Emerson ! N n rs
little read, and i'm ten additiOn%'
will be comparatively unknow 'nn.sSs
has made more money out u
than any other man of DIS u"''
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05

THE Democratic State Convention
of Alabama, met at Montgomery on
June 2nd, and renominated Cobb, for
Governor, Screws for Secretary of
State, Vincent for Treasurer, Brickell,
Stone and Manning for Justices of
the Supreme Court.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-05
ii. G. AvENT, Sheriff, !
VS.

VS.
o. b. COOK, Trustee.
Error to the Circuit Court =, @
county, Hon. VIM. Cothran, Judgo '""'
Plaintiff in error, as Sheriff loyioa
ccution in his hands upon n LOT NJ -. ~
the property of defendant in exe ,oL
The defendant in error, CLAIMING 70 !"
deed of trust on said corn, sued o NJ a Ut
of replevin against said Sheriff, hor,,
Justice Of the Peace in District "" Wv,
Sumner county. The Sheriff had hi, az
residence (office) in District Ma :"
property was levied upon by tno a.
under the execution in District No I"'
The defendant (Avent) moved to d.,
the case for want of jurisdiction in tho
tice of the Peace to try the case, which
supported by affidavit, but the Justice
ruled the motion, and a trial was hid
sulting in verdict for the plaintiff 1,
which an appeal was taken to tbe ill.,
Court.
At the next (AugusD term of I'll. c,.
Court, Avent renewed his motion IA A
miss the case for want of jurisdiction IN
Justice of the Peace, but the motion n
overrulcd. He then suggested A dimi,
ton of the record, and asked for "a c4ytio,
to perfect it, which was granted Y
Clerk failed to issue the writ, and at 4
next january term Of Court Ayept NJ,
ed to compel the Clerk to issue the c,,
rdri, and pending this motion, the pIaimi
Cook, moved to dismiss the appeal bccap
the record was imperfect, it not contain,
a certified transcript of the record Of /,
case before the Justice of the Peace, o,r
quired by statute. This motion preyaie
hence this writ of error.
Dennis, Wood e Bridges, J. NJ. Leyere
and j. w. jenkins, for plaintiff in error
f. $. White and l.. Brame for defenlu
in error.
CAMPBELL, D.,
Held
1. The Circuit Court properly refused
dismiss the cause, for the reason that ma
withstanding all that is shown by the nj
dayit in support of the motion to dismi,
for want of jurisdiction in the Justice .
the Peace, the jurisdiction may have exit
ed by reason of the seizure of the corn h
the District in which the suit was brought
or the residence of the defendant NAV 6ayl
been in that District, either of which VI,
sufficient to give jurisdiction, and netAa
of which was negatived by the affidavit,
The official residence" OF Mr.. Avent d
Sheriff, made no difference.
2. The dismissal of the appeal for The
want of Il sufficient transcript of the prS
ceedings, before the Justice of the Peae
was erroneous. The record contains al
full and complete transcript Of
those proceedings, and we fail to discoyr
wanting in it. If it was defect.
i've, it should have been amended
Judgment reversed, and cause remandd