Savannah morning news. [volume] (Savannah) 1868-1887, 1883-12-27
THE SUPREME COURT.
Decisions Rendered in Cases from the
Eastern Circuit.


Eastern Circuit.
The following decisions were rendered
in the Supreme Court at Atlanta on Fri
day, the 21st inst:
Lawrence ct al. VS.. Mayor AMI Council of Sa
vannah ct al. Equity, from Chatham. Be-
fore Judge Adams. Contracts. Lease. Re-
entry. Landlord and tenant.
HALL. j.
l. The city of Savannah conveyed a lot in
their city to a certain person on condition that
the lessee should, at specified times, pay GER
tain sum as ground rent. and in case OF a fail
ure therein for certain time, after said rent
became due, then the lot and premises were to
revert to the grantor. who reserved the power
of re-entry. This right was exercised in the
present case and the property sold, in man
ner held to be valid in 81 Ca, 24S. The CUES
ton here is who is entitled to the surplus in
the hands of the city. arising from the sale,
after the claims of the city for ground rent,
taxes and costs. ETC., are satisfied.
Held: The right reserved by the city was
only pledge or security for the debt that
might be due to it. 1t was reserved to enable
the city to collect its rents expeditiously. as
they fell due, and the city seems to have been
so accustomed to regard it; their custom
seems to have been to satisfy their demands
and to account to the true owner for the eX-
cess. l Atk., SOB.
2. The true ground Of relief against penal
ties. conditions and fOrfeitures is from the
original intent of the case, where the penalty,
etc, is designed only to secure money, and the
court can give by way of recompense all that
was expected or desired. Strange, Al;
Bro. c. C., AIS; White & TudOs Sea Cases,
PIP. 746 ct seq
lease, even after forfeiture and re-entrY,
exists whenever the lessee will pay what Is
due; and if the lessor declines to receive it
when rendered, the amount will be ordered
paid into court and he will be enjoined from
Ousting the tenant. See White and Tudor's
Sea Gases. ps. 7SS, 7S9. 100; l Hare, 12S, 1919.
L. In this case the city, by the resale of the
lot got what was due it and secures its future
rents, and by returning to the original lessee
what is over and above the amount due at the
time of the resale, he gets nothing more than
he was entitled to under his contract.
5. As between the other parties to this case
the city is a mere stakeholder and the equl-
ties between them as well as their legal rights
can be settled on the final hearing OF the cause.
John NJ. Guerard. VIM. d. Harden for
plaintiff Chisholm Il Erwin, Ii. c. Cunning
ham, contra.
Lavier VS.. Central Railroad. Case, from City
Court of Savannah. Before Judge Harden.
New trial.
BLANDFORD, j.
l. AS this is the first grant of a new trial we
will not interfere. We do not consider the rea-
sons the Judge gave for granting it and they
are not affirmed, and we express no opinion
as to the evidence. Questions of negligence
are for the jury. Judgment affirmed.
Lester & Ravenel for PLAINTIFF; A. r. Law
ton contra.
Ingram VS.. Fisher. Ejectment, from McIn-
tOsh. Before Judge Adams. Evidence.
Deeds. Boundaries.
BLANDF0RD, j.
/. Evidence that defendant showed plain
tiff the boundaries of the land sold by defend
ant TO plaintiff before making the deed, and
as to what those boundaries were, was admis-
sible the deed itself only mentioning the
numbers of the lots and not their boundaries.
or number of acres. such evidence did not
contradict or vary the deed, and was admis-
sible to show what land had been conveyed by
the deed. t57 Ca, 1885, 4S Ca, l79; Pick, $50;
35 Ga. 300; 10 Ga, l4l. Judgment affirmed.
Fraser & Wilson, by W. g. Charlton, for
plaintiff; Lester Ravenel. contra.
DOYLE VS.. Mcintyre. Case, from City Court
OF Savannah Before Judge Harden. Gam
ing contracts. Evidence.
BLANDFoRD. j.
Where a person loses money on horse race,
whether bet by himself or another per-
son for him, he may recover the same
from the winner notwithstanding
the winner may not have known
the owner of the money, and may have be-
lieyed that the person with whom he actually
bet was the person to whom the money be-
longed Code 1858. The verdict sustains the
evidence. Judgment affirmed.
Denmark & Adams for plaintiff; j. r.
Saussy contra.
Mayor, ETC., of Savannah VS.. Donnelly. Case,
from City Court of Savannah. Before Judge
Harden. Municipal law. Principal and
agent. Notice. Negligence.
BLANDFORD, j.
/. The fact that the city gave express per-
mission to person to open ditch across a
street in the city to connect the water pipes
of a private person with the water works
belonging to the city, was in effect the open
ing of ditch by the city itself; it was the
damages which might accrue to any per-
son by reason of the careless and negli-
gent manner in which the work was done.
1t was the duty of the city to have superin-
tended the work which it permitted to be
done on its streets, and have seen that It was
done in a proper manner. The question of
notice to the city, therefore, is not in the case
'q H g. Cunningham for plaintiff; R. R.
Richards contra.
Lee VS. the State. Murder. from Chatham.
BLANDFORD, j.
and law. Judgment reversed:
II. Falligant for plaintiff; W. u. charlton,
solicitor General, c. Anderson, Attorney
General, contra.
Woodbridge VS.. Woodbridge, guardian. APP
peal, from Chatham. Before Judge
Adams
BLANDFORD, j.
l. BY a proper construction OF section zSi2 OF
the Code, where the estate Is 10 pc kept
together more than one years support may
he allowed widow. although there be no
minor children. Act of 1856, p. 81; Code, sec
ton 257l. -...... -.
;. The fact that widow in her petition Tor
such support did not allege that there were
no debts to be paid, did not make II oe1 1 LI
rable. II the allowance OF the snppoft en-
dangered payment of debts, OF interfered
with the rights of creditors, then any creditor
of the estate could come in and contest, or
r. - mi If there be enough to pay debts and
Dr. provide a support for the widow while the
estate is kept together, then the widow Is en-
titled tothe support whether she allege i Ios
shaving that estate has been properly kept
together or not. Whether the estate mas
been kept together, and why, is a question Tor
the Jury Judgment reversed
" d Harden. George A. Mercer for PLAIN
tiff: Chisholm 4 Erwin, Garrard & Meldrlm