Savannah morning news. [volume] (Savannah) 1868-1887, 1883-01-25
THE SUPREME COURT.
Decisions in Cases from the Eastern Cir
cuit-Judgment Affirmed In the Canary
Bird Subtitle Ocean Steamship Com
pany Judgment Reversed.


Decisions in Cases from the Eastern Cir
cuit-Judgment Affirmed In the Canary
Bird Subtitle Ocean Steamship Com
pany Judgment Reversed.
The following decisions, reported by the
Atlanta Constitution, in cases from the
Eastern Circuit, were rendered by the su-
preme Court, at Atlanta, ON Tuesday,
Chief Justice James Jackson and Martin
]. Crawford and Samuel Hall, Associate
Justices, presiding:
Green VS.. State. Robbery, from Chatham.
Criminal law. Practice in superior
Court.
CRAWFORD, j.
l. The verdict in this case was not con-
trary to law or the evidence.
2. On the trial of defendant charged
with robbery, it appearing from the eVi-
dence of the person robbed that he had
been under the influence of liquor or drugs
contained therein, and so stuplned tnereDy
that he really had no clear and satlsfac-
tory recollection of what did transplre ON
the day of the robbery, and that the court,
for the purpose of arriving at once at what
the witness knew and shortening the ex-
animation, put the following inquiry 10
him: ''You had the money and was asso-
ciating with these boys (meanlng the de-
PENDANT and another) and the next day
the money was gone?' this was not such
an expression ofOpinion on the part OF the
court as to require new trial.
Judgment affirmed.
Joseph n. Wilson. for plaintiff in error;
w. G. Charlton, Solicitor General, for
the State.
Manning VS.. Mitcherson. Certiorari,
from Mcintosh. Possessory warrant:
Actions. Birds. Property. Husband
and wife.
CRAWFORD, j.
1. To acquire property in animals, birds
and fishes which are wild by nature, one
must have them in his actual possession,
custody and control; and this he may
do by training, DEMONSTRATING or combining
them.
(a). A lady had canary bird which she
had tanned, and of which she had had pos
session for about two years. It-kneW its
name, and when called by it's owner would
answer the call. On one occasion it had
left it's cage, and after having been gone
for day or two had returned:
Held, that such facts gave a right of pro-
perty in the bird, and upon its having dis
appeared without the knowledge or con-
sent of the owner, and having been re-
ceived and taken possession of by another
who kept it in confinement, the owner
could recover it by possessory warrant.
e y pOSb6bSOIN hdIIdliC Will
any one who receives or takes possession
of a personal chattel under pretended
claim and without lawful warrant or au-
thority.
(a). 1t appearing in this case that the
bird was in the power, custody and con-
troll of the husband, and was surrendered
by his authority and direction to the Off
Ger upon the issuing of possessory war;
rant, there was sufficient evidence on that
point to support the warrant against the
husband, although his wife may have had
the personal care of the bird.
8. The judgment of the Justice awarding
possession to the plaintiff in this case was
not against the weight of the evidence,
and the judgment dismissing the certiorari
was right.
Judgment affirmed,
w, A. Way, p. w. Meldrim, by w. G.
Charlton, for plaintiff in error; w. r.
Gignilliat, Lester & Rayenel for defen-
dant.