Savannah morning news. [volume] (Savannah) 1868-1887, 1883-04-27
TIE SUPREME COURT.
Decisions Rendered in Cases from thu
Eastern Circuit.

Eastern Circuit.
The following decisions in cases from
the Eastern Circuit were handed down
from the Supreme Court III session at At
lanta on Tuesday, Hon. James jackson,
Chief Justice, and Martin j. Crawford and
Samuel Hall, Associate Justices, presid-
| ing:
Morton, Bliss & Co. vs.. Gahona ct al.
Claim-frOm Chatham. Practice in SUI
perior Court. Executions. Claims.
| JACKSON, c. j.
| |. In claim case, if the execution be
insufficient, the proper motion on the part
| of the claimant is to dismiss the levy or
| to exclude the fl. ia. from evidence. His
| only concern is that the execution shall
not proceed against his property; and
/ motion to quash the same does not lie in
| his mouth. 60 Ca, 2S6.
,. Where a mortgage on certain lumber,
rosin and cotton shipped on board vessel
| known as the Juanita Clar was foreclOsed,
| and the fl. ia. directed the Sheriff ''that of
| lumber, rOsin and bales of cotton now on
| board the Juanita Clar, lying in said
| county. you cause" ETC., the description
! in such fl. ia. was insufficient. I'll Ga,
$50.
| 3. An execution issued on the fore
closure of a mortgage on realty should
show upon whose property it is directed
to be levied. Freeman on Executions,
| sec. -.
Judgment affirmed.
J.J. Abrams, 5. Yates Levy, for plain
tiffs IN error; Charlton & Mackall for de-
PENDANTS.
Harrington VS.. WOrkingmen' S Benevolent
Association. CertiOrari-from Chatham.
Corporations. Actions. Contracts
| CRAWFORD, J.
The bylaws of benevolent association
provided that member in good standing
should be entitled to six dollars per week
during the period of his sickness, not eX-
ceeding eight weeks; that no benefit should
be considered before eight days from the
date of said sickness; that no claim should
be paid outside of Savannah; that sickness
from drunkenness or debauchery should
| not entitle member to any benefits,
land no claim for benefit Will be received
or acted on except through the sick COM
mittee and furnishing a doctors certiti-
cate" that twelve members should be APP
poited annually by the President as
| grievance committee, with power to try
! all complaints brought to their notice,
from whose decision there should be no
| appeal.
Held, that such bylaws were not con-
trary to law, and a member could only
avail himself of the rights to be enjoyed in
| the way and manner provided by such
rules. A prerequisite to receiving bene-
| fits was the furnishing of a Doctors GER
! tificate to the sick COMMITTEES: and the
mere exhibition of such certificate
| to a member of that committee was in
sufficient.
/ (a). Whether or not member of the
association, by his obligations as such,
/ waived his right to appeal to the courts
/ for the collection of the dues claimed, it is
not necessary TO decide.
Judgment affirmed.
/ 4. Z. Adams, :. b. Adams, for plaintiff
/ in error; r. r. Richards, for defendant.
/ Wallace VS.. State Murder-from Chat
ham. Criminal law. New trial. New
/ ly discovered evidence. Jurors.
/ CRAWFORD, j.
! /. The verdict in this case is not con-
/ trary to law or the evidence.
! ,. New trials are not granted for newly
/ discovered evidence where it would not
| change the verdict, or where it only tends
/ to impeach the witnesses for the State.
/ The newly discovered evidence in this
! case tended to impeach one of the States
/ witnesses and contradict others as to the
! time when particular witness was at
/ particular place, which was not material
| to locating the spot where the homicide
! occurred, and the time was a mere matter
of opinion and indefinite recollection. Be
sides. the testimony of the new witness
principally relied on was met and over
come by the affidavits of two witnesses
showing statements conflicting herewith.
,. Where one ground of a motion for
new trial. to the effect that certain i'm.
proper expressions had been used by a
juror, was supported by the affidavits of
two witnesses and absolutely denied by
the juror, if the presiding Judge passed
4 uDOn the credibilisy of the witnesses and
believed the statement of the juror, this
court will not interfere.
Judgment affirmed.
\. p. Adams, Il. L. Lester for plaintiff
in error: Walter G.. Charlton, Solicitor
General for the State.