davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
YazOO City Correspondence.

1AZoo CITY, Nov. 1st, 1881.
EDITOR CLARION: Now that rail
road affords us speedy and easy com
munication with the outside world
Yazoo City enjoys many advantages
Of which, heretofore, it could not well
avail itself. Among these, and by nc
means the least, Is the amusement
afforded our citizens by good theatrical
troupes. In by-gone days, when the stage
was the only means of transit, the ex-
pense of visiting this out-of-the-way
place was simply enormous, and the re-
suit was that many of the best COM
panies did not visit us at all. Mr.. Sol.
Wolerstein, the skilled and popular
leader of our cornet band, is the lessee
of Lyceum Hall, and to his energy we
are already indebted for much amuse-
ment, though the season has scarcely
opened.
The Goldens have been here during
the entire week playing to good houses.
They are generally conceded to be one
of the very best troupes that have ever
played here, and one of the best evil
dences of their popularity is that, not
withstanding the stringency of the
money market, our citizens have re
sponded literally upon every occasion.
This company has an excellent band and
of its own, well selected
repertoire and costumes fine en-, gh for
any stage. Mr.. Martin Golden 4nd his
wife, Mrs. Bella Golden, who assume
the leading parts in the role, Ysssess
historic talent far above the ayr rage,
while Mr.. Frank Coy, the comedian,
never fails ito bring down the house"
They in turn are well supported by
,ther members of the company. Last
night they played the military drama
If the French Spy, in which Mrs.
Golden represented three distinct char
lcters, possibly the most exciting and
fascinating tragedy ever performed here.
fhis morning heard none but the most
avorable comment upon last nights |
LAY. Tonight the weeks entertain
nent will terminate with sLady Claire
The Goldens may visit Jackson later
n the season and should they dol so the
Tacksonites may rely upon being well
Mr.. Wolerstein is now corresponding
nth several of the best known combi-
Iations in the country, and he will GER
ainiy secure US the best available
alent.
Hons. o. R. Singleton and Geo. A.
wilson addressed a small audience to-
ay at the Court House. Never before
as such little interest been shown in
olitical matters in this county. There
virtually but one political party in
'azoo, and consequently no opposition
} arouse any feeling or interest.
But little cotton has been brought to
larket SO far and business is remark
bly, dull for this season of the year.
Con"
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
The Election.

As stated elsewhere the Democrats
have carried the "solid South" and New
York, Connecticut and Indiana.
The Democrats have held their own
in electing Congressman in the Northern
States, and in the South there have been
gains-notably in this State, where Nor
GAN and CATcHINGs succeed JEFFoRDs
and CHALMERS.
Mississippi for the first time in her
history elects seven Democratic Con
gressmen, by good round majorities.
1t is probable that General CATCHINGs
in the Third District has the largest
majority. There the colored voters
gladly embraced the opportunity to vote
for worthy representative of the Dis
trict against the unfit candidate of the
Republican party.
The majority for the Democratic cleo
toral ticket in this State will reach
80, 900 with the probabilities in favor of
a larger majority.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

YALoBUsHA-Returns not all IN yet, bus
am satisfied the county has gone Demo
cratic for first time in six years. Our
majority viii be from 100 to $50.
S. II. Ross.
ADAMs-Returns from all but one pre-
cinct give Blaine majority of 1925. Lynch
for Congress 1914. Missing precinct will
increase Republican majority TO about
1900. One poll thrown cut because too
many votes in box.
ITAwAMBA-Demoera Electors 1929
Republican 81 Allen, for Congress, HIS
Chandler l00 NEWMAN CAYCE.
LEAKE-Democrati majority is 959 for
Electoral ticket, and 9i9 for Singleton.
O. A. LuCKETT, JR.
ACKNOWLEDGEMENTS Shell Mound and
Rising Sun boxes give Cstchings 5I3 ma
jority. Our Electoral ticket viii be safe
in The county. Small vote polled.
L. P. YERGER.
MARION Returns not all in, but think
Democratic majority viii be a little over
400. T. B. FoRD.
WILKINSON COUNTY Cleveland, Van
Eaton's majority 333. Official,
TATE-Gires Morgan $50 majority.
This is a net Democratic gain Of 636 over
1882. Cleyeland's msjority is 81.
E. P. RUSSELL.
WARREN COUNTY Vicksburg: Cleve-
land 1104; Blaine 4l6; Catchings 1892;
Pearce 442 Hanes' Bluf-Blaine 90,
Cleveland 30; Catehings 68; Pearse 81.
Bovina-B Blaine LOG; Cleveland 100; Catch
ings 202; Pearce |. Mt. Alban-BIaine
13l, Cleveland 49, Catchings $50, Pearce
10.
GREENvILLE-Gives Catehings sos ma
jority. Estimated, Catchings carried Wash
ington county by 1000.
Coahoma gives Catchings estimated ma
jority OF 500.
CARRoLL-Democratic vote 1888; Re-
publican, 637. Democratic majority, 500.
I. H. SoMERvILLE.
NoxUBER-Complete vote: Cleveland
and Barry 1928; Blaine and Frazee, 427.
r. C. PATTY.
YALoBUsHA-Cou returns all in.
Democratic majority $40. Official.
c. NJ. Ross.
LINCOLN arksdale's official majority
is 9S; Cleveland's 126. THOMPSON.
SHUBUrA- Cleveland 80, Blaine98 Sin
gleton 104; Smith 81. FL. V. PEACE.
IssAQUENA-Giyes Catching's 500 ma
jority.
JEFFERSON Official vote: Cleveland,
1918; Blaine 362; Barksdale l047; yell
lowIey 362. Democratic gain on 1882,
456. Light vote polled.
MARsHALL-Morgan carries Marshall
by 220, Democratic gain of 1470 over
Chalmers vote of 1882.
GRENADA-Cleveland 267, Blaine 207;
Barry, 266; Frazee, 205.
TIsHoMINGo-Democr by 500. Light
vote polled. E. S. GAMBLER.
ANTE Van Eaton's majority S87.
Electors about the same.
F. A. Nolan.
JoNEs-Almost solid for Cleveland ard
Van Eaton. Light vote however-about
$50. About 20 Republican votes in county.
JAS. +. PARKER.
KEMPER-WiIl give Democratic ticket
at least 800 majority.
JAS. H. NEVILLE.
ALcoRN-Out OF 10 precincts heard
from, , gives Allen $50; Chandler, 800.
CoPIAH-Democratic majority from
twelve to sixteen hundred
/. n. ELLIS.
MoNRoE-Light vote. Official returns
not in. The majority OF Cleveland will
be about 1900. Z. 7. sykes.
DESoTo-Indications are that Morgan
carries DeSoto about S00 Cleveland, 500.
fernando gives Morgan 50 majority, Small
vote polled. e. w. SMITH.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
VolutIOn.

Some of the Presbyterian Syno now
in session are discussing the doctrine Of
Evolution as affecting religious belief
At Crystal Springs, in the Synod Of
Mississippi, DR.. B. NJ. PALMER of New
Orleans presented the following:
'In the Judgment of this synod the
widespread agitation of the subject of eyo.
luton, occasioned by the new departure in
the Seminary of Columbia S. C.,cannot be
allaved until the mind OF the Church is as.
certained. In this conviction the Synod OF
| Mississippi deprecates the introduction OF
this theory as endangering the peace and
unity of the Church and cannot consent
that any hypothesis, confessed by its advo-
Gates to be unverifed, and which therefore,
cannot be dignifed as science, should as
sumo to control the Interpretation of the
inspired Word"
This declaration, after some discussion,
was sustained by vote of AZ to s,
those voting in the negative having
offered the following resolutions express
sive of their views:
/. The Synod in passing judgment on
what we believe to be purely scientific
hypothesis has assumed the right to de-
eide upon the merits of question beyond
her province as an ecclesiastical court.
2. The Synod states that this hypothe-
sis as unveri6ed and unworthy to be dig
ni6ed as a science, assumes to control the
Interpretation of the inspired word, where
as, on the contrary, in our judgment no such
claim made for it, nor from the very
naturf of the case could such claim be
mad for any purely scientific theory.
These resolutions we're signed by the
Revs. ]. w. FLYNN, T. L. HAMAE, j.
WOODBRIDGE, A. ID. WEST, II. w.
FLYNN, S. S. Brown, AID Elders w.
CALVIN WELLS and Wa. T. HABDIE.
In the Synod of Alabama the matter
was referred to a committee of eight,
who brought in two reports, each of
which was signed by four members. The
first report recommended the adoption
of the following resolutions:
Resolved, That the bible as interpreted
by our standards, is to be regarded as
the only infallible rule of faith and prac-
tiee.
2. That any teachings Of science which
are in conflict with Gods word, or danger
Gus in their tendancy, are condemned, and
should be avoided.
8. That all the teachings concerning the
improved theory Of evolution In the theo-
logical seminary at Columbia, except in a
purely expository manner, showing what
It is and how it affects revelation, whether
in conflict with its records or not, and with
no design of inculcating it as truth, is here
by disapproyed.
The second report disapproved of the
doctrine of evolution as taught by the
Rev. DIR. JAMES WOODROW of the Col
umbia Theological Seminary because
such teachings are in conflict with the
received interpretations of Scripture as
expressed in the standards of the Presby-l
berian church.
The address of DR.. WooDRow, which
has provoked this discussion of the ques-
ion of evolution prepounds theory
which has many adherents among reli-
yious persons
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

GEN. Writ ADAMS is President of
the Gulf and Ship Island Railroad Com
psny, and under the new arrangement
as to the Penitentiary, will take special
direction of the convict labor. This is
a guarantee that they viii be humanely
treated. Mr.. VIM. HENRY will continue
as Secretary-a position he has filed most
efficiently.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

tions. The city in ordering this work
was exercising No governmental func-
ton whatever, and the injury proceeded
from the negligence of the mason. The
doctrine of responded superior therefore
applies. Reversed and re7adndei.
A. NJ. Lea, for appellant.
Birchett & Gilland, for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
THE PRESIDENCY.

From the latest kilograms received to
the hour of going to press it is certain
that CLEVELAND has carried all the
Southern States and New York, New
Jersey, Connecticut and Indiana, with
California, Michigan, Wisconsin and
New Hampshire in doubt.
It has sbeen certainly known at the
Democratic headquarters in New York
since Wednesday that CLEVELAND was
elected, but it has suited the purposes
of the Republican managers to claim
the election of BLAINE, in spite OF the
returns, probably with view to pre-
vent a stampede in all the doubtful
States, and more probably, with the
hope that they might be able, by fraud
ulent practices, to change the result as
announced when the votes were first
counted.
1t is worth something to know that
the control of the government can
pass peaceably and without seriou;
disturbance of any kind, from the
hands of one political party to those Of
another, and in this view there are many
Republicans who viii not regret The
election of President CLEVELAND. TX
the Democrats an opportunity, gloriou
in its possibilities, is afforded, of show
ing to the American people that tn
country is safe in the hands of the Dem
ocratic party.
We predict for President CLEvELANI
an administration which will commend
itself TO the patriotic citizens of th
United States, and which viii add new
lustre to the record of the party 0
which he is the chief.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
DECISIONS OF SUPREME COURT.
REPORTED FOR THE CLARION BIZ c. C.
CAMPBELL.

MONDAY, November 5, 1884.
The following cases were Affirmed:
464s-J. H. Wright V. Jennie E. Bran
4s57-N. j. &C. R.R. Co., '. P. R.
Bolls.
4672-Joe Bell V. State of Mississippi.
46773-W. II. Morris V. James Rucks,
Trustee.
467S-N., ]. 4 {. R.R. Co, '. Virginia
M'Neill.
4679-Albert Murphy Y. State of Mis-
sissippi.
46S7-R. AFPeake V. L. Brewer & Co.
4698-Daye Snowden v. State of Missis-
sippi.
The following cases were Reuersed and
rebaaaded
1850. B. Crittenden Y. J. Fl. Leaven-
worth.
4660-Blaek, Todd & Co., v. C. L. Rob-
inson.
4662-Addie Bunch, ct al, Y. NJ. VOL
erstein.
4675-Cora NJ. Hays V. F. c. Mercer.
4690-Mary Sample V. City of Vicks-
burg.
1857. W. Watt Y. J. B. Allgood,
Guar'dn, &c.
4694--W. J. Herman V. Louisa German,
Notion to dismiss sustained.
4701-Mary Day Strong V. Sim Harri-
son, Shift, ct al, affirmed tn
part and rerersed in part.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

A SERIOUS panic occurred at the Star
Theatre in Glasgow, Scotland, on Satur-
day evening last, caused by the cry of
fire. The audience numbered about
1000 persons, and in the rush for the
exits sixteen persons were killed and
twelve severely wounded.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
Mary SAMPLE
MAYOR and ALDERMEy
Of Vicksburg

From the Circuit Court Of Warren
County. Ralph North, Judge.
Liability of municipal corporation for
Negligence Of ssyvant
CHALafKRs, ].
Under an ordinance Of the Board 81
Mayor and Aldermen Of Vieksburg. the
chairman Of the Street Committee en-
plOyed mason to do certain work abouf
sewer. He cIosed 4 drain which should
have been left open, whereby the house
Of appellant was Hooded and greatly
damaged and she thereupon broueIt
this suit. On motion Of defendant. re
lower court excluded all the testimony.
upon the idea that municipal corpora.
ton is not liable even for the neplieencsH
of it, servants while engaged ia 4 pSnbIic
work, for tie benefit 81 the public ~
iaEge, and from which 40 pecuniarv
profit s to be derived BIZ the city.
There are undoubtedly manv casez
holding the above doctrine. but e Is
quite unirer nv held that q municipal
corporation i liable f0r tie acts II re-
Norknlen II eonst ructfng CUTTERS. drains.
and sewers, where these acts are pufeIF
ministerial. involving Tie exercfss ST rs /
governmental powers q udicial f1nc- +
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

Ex-SECRETARY HUGH MCCULLoCH
has been appointed Secretary of the
Treasury, riee7Secretaly GRESHAM APP
pointed to succeed Judge THOMAS
DRUMMoNDs of the Seventh Circuit.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
LIN Thousand . Year

To be sure. You've "only got a cold 81
s'only a cough ..Be al over il IN 9 few
days Don't w0rry about me, Well
we won't But $4,000 people die every
year ia the United States from conspnaP-
ton. And every soul of them began thsl
way. Better stop Il now with farket
Tonic. This remedy will expel me eoie
ai once.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
SUPREME COURT CASES.
Exported fer The Clarion, BY n. H. Parker
AHorney-af-Law, Jackson, Miss.


NATcHEz, JACKSON & COLUMBUS
RAILROAD COMPANY.
From the Circuit Court of Kinds Coun-
ty, Second District. T. J. Wharton,
Judge.
Sat for injury to stock. Instruction to
ind for defendant. f. r. Co. p8. Pack
rood distinguished.
CAMPBELL, c. J.
Suit was brought against appellee for
killing mule. The killing being proved,
defendant introduced evidence to show
that it was unavoidable by reason of o
fog, etc But there was testimony for
plaintiff denying the fog, and other
points in the evidence which raised
doubts as to the facts. The jury was in
structed to find for defendant.
1t should have been left to the jury to
say whether the servant of defendant
exercised the necessary caution. In
Il. r. Co. rs. Packuood, SO Miss, $50,
The case made by plaintiff in proving
the injury, was met by uncontradicted
evidence, for defendant, that it was I'M
avoidable, and there was no further
proof. Bot this case is distinguished
from that by the production of evidence
inconsistent with the case made by de-
PENDANT. 1t was erroneous to instruct
the jury to find for defendant. Reversed
and renlanded.
J. K. McNeely, for appellant.
Nugent & Melville, and c. S. North,
for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

The official vote of thirty seven counties
in Mississippi, published elsewhere, give
a Democratic majority of 22,917. The
total vote will give majority of about
40. 900.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
Later Still.

1888 election Districts in New York City
and Brooklyn, give Blaine 391, 300; Cleve-
land 334, 1858. This shows that Cleveland
leads Blaine in entire State 1718 votes,
with 2l3 Districts to hear from.
INDIANAPOLIS, Nov.6.-727 voting places
show Republican gain 1882; Democratic
gain, 5000; net Republican gain 5167.
NEW YORK, Nov. -Noon-1802 Elec-
ton Districts in New York State, outside
cities New York and Brooklyn, give Blaine
1874, 934; Cleveland 338,O3O; Butler 10 638;
ST. John, 20,1SS. Cleveland now leading
by 1871 votes; ia Districts to hear from.
INDIANA. Moon, 6th-723 voting places
show Republican gain 5167.
LATEsr-1S27 Election Districts in New
York State outside cities New York and
Brooklyn, give Blaine 39S,612; Cleveland
340,9S5 b tier 1929; st. John 20,37l :;
149 Districts to hear from.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

GEoRGET. JACKSON, President of the
Enterprise Cotton Factory, turns up as a
defaulter. The shortage is placed at
$12O 900
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

The Rev. DR.. PARET, of Epiphany
church, Washington, d. c., has been
elected Bishop of the Protestant Episco-
pal diocese of MARYLAND.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

MARY ANDERSON scored a success as
Juliet at the Lyceum Theatre, Lon
don, on the LIST inst.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

SINCE yesterday morning our ROSTERS
have been very hard to control. We
turn them out this morning.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

GENTLEMEN of the Democratic oppo-
sition, we forgive you and stand ready
to receive and publish your apologies.
That is, if you will promise not to do SO
any more.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

81 TOLD you So" That CLEVELAND
would be elected or defeated? That's
the question.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

WHAT have our friends who criticized
the Chicago Convention for nominating
CLEVELAND to say now?
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

SARA BERNHARDT is suffering from
arrangement of the nervous system.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

The "DUDE REPUBLICANS" were there
and voted. And don't you forget it.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

ALL honor to The New YORK
HERALD.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
Birchett & Gilland, for appellee.
W. ]. HERMAN
LOUISA GERMAINE. J

LOUISA GERMAINE.
From the Circuit Court of LauderdaIe
County. S. Fl. Terral, Judge
Jurisdiction Of Supreme Court az I'd
amount inv0lred
CAMPBELL, c. j.
Louisa Germaine sued w. J. Herman
in a Justices court, and obtained iudg-
ment against him. He appealed to the
Circuit Court, where Judgment was en-
tered against him for SIT, together with
the len per cent damages allowed bv
statute as an incident to a recovery in
that court against defendant who il
appellant. An appeal was granted to
this court, and motion is now made to
dismiss the appeal, on the ground that
this court has no jurisdiction, the amount
in controversy being less than $50.
Unless the amount in controversy.
exclusive of interest, exceeds $50. an
appeal does not lie to this court in 4
case beginning before a Justice of the
peace. Darts 4. Holberq, SO Miss. 362
It must follow that the statutory dam
ages are to be excluded in determining
the suficiency Of the amount in contrr.
versy to entitle the party to an appaal
to this court. Notion sustained.
Whitaker & Bell, for appellant.
J. ?. Walker, for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

How is the health of our friend the
Rev. HENRY WARD BEECHER?
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

New York, Nov. 7.-OfieiaI and cor
rect returns and estimated close figuring
on II counties not officially reported, in
dictates Cleveland's plurality 1000 in the
State: Official returns give heavy Demo-
cratic gains. New York papers give ma
jority in New York, ranging from 800 to
to 1000.
INDIANA conceded by the Republicans
to Democrats by 1000 majority Demo
Gratis say 1900.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

PRIVATE ALLEN heads the list with
$500 majority.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

GOOD morning, Mr.. GEO. WILLIAM
CURTIS. Shake.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

ASSOCIATE JusrICE sToNK has been
appointed Chief Justice of the sun@s,ss
loAEk ok alabama. pice BH1cKREL r..
signed ana Hon. DAVID gn0rr0N rs
been appointed to 90 the facaneF.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

The Anchor to windward didn't
catch. 1t dragged Globe-Democrat. ]
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

AND the New YORK TIMES must not
be forgotten.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

PAY up your little debts, boys, and
never bet against your party's nominee
again.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

BRIGNoLI, the famous tenor, died in
New York City ON October 80.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05

WHERE are all the prophets of evil!
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
J. l.. FLETCHER !
V.
Z. ]. GILLIAN.

From the Circuit Court of LauderdaIe
County. S. Il. Terral, Judge.
Statute Of Limitations. Nelo promise.
Appropriation of payments.
CHALMERS, J.
Suit being brought upon an open ac-
count, the statute was pleaded. The
plaintiff replied, alleging promise in
writing within three years, and intro
duced two letters from defendant, in
one of which he said: after hands are
paid, appropriate balance due on my ac-
count to yourself" In the other be
said: Il would like to come there and
do your work, SO l could pay you what
owe you"
The court correctly held that these
words were insufficient to take the debt
out of the Statute of Limitations, as
there is neither 4 specification of the
debt, nor any promise to pay fixed
amount, both of which are necessary.
The court erred in applying small
credit endorsed on the account to the
items not barred. The credit is not
dated, and there is no proof of its APP
preparation by either party In such
cases the law applies il to the first items
of the account. This would leave
small sum unbarred at the commence
ment of the suit, for which plaintiff was
entitled to judgment. Reversed and re-
naanded
F. V. Brahan and W, N. King, for
appellant
Grace & Woods, for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
NC Verv Latest.

Ten additional Districts outside Of New
York City and Brooklyn heretofore unre-
ported from Mountain District. give
Blaine 664 Cleveland 217. Republican
plurality 44T. a correction giving Official
returns from one county adds I37 to
Blaine,s plurality, making total gain for
Blaine to-day Of ISL. This still leaves
the result III doubt. Two Districts still to
hear from.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-05
JOHN Powers

john Powers
WRIGHT BROTHERS.
From the Circuit Court of Warren
County. Ralph North, Judge.
Laterreaor IN attachment. Act of 1884
as to pending suits.
COOPER, J.
Appellees sued Henry Woods in at
tachment- Before any judgment had
been entered, appellant, a creditor of
Woods, moved to be allowed to come in
and contest the attachment, under the
act of March II, 1884, entitled can Act
relating to damages in attachment
cases" The original suit was COM
menced before the passage of this act.
The court overruled the motion.
The act referred to is in its general
scope of penal character, and Is to be
construed as operating only prospective
ly. In respect to the right to intervene
conferred upon creditors of the defen-
dant, it might be construed as remedial,
and operative as to pending suits, but
for the provisions allowing vindictive
damages and abating the suit as well as
the writ, where the intervenor is sue
cessful. While remedial as to the in
tervenor, it is penal as to the plaintiff.
affirmed.
II. G. MeCabe, for appellant.
Birchett & Gilland, for appellee.