The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1899-05-19
Is A DOG PROPERTY?
JUDGE j. ii. LUMPKIN PAYS man
TRIBUTE TO THE DOa.
lie Decides That Canine IL Property and
In an Opinion Full OF Sentiment wit
an" H"m"r Refers to tho Part This
Animal Has Played In History,
Literature and Art.

One of the most interesting, humo
rous and entertaining opinions ever
handel down by Il Georgia Judge is
that of Judge j. H. Lumpkin, of tho
Fulton superior court, in which he
holds that a dog is property.
The question was raised in the
ease of Carl Wolfshclmor, plaintiff in
cortiorari, against j. j. a. j. e. Md
dox The dog in controversy was
owned by Max Kecko, but came into
the possession Of Wolfsheimor. The
defendants in certlorari lowed or it
to satisfy q claim against Keckc, AID
Wolfeheimer claimed tho dog was
not subject to levy. Judge Or, be-
fole whom the case was tried, hold
that there was property in dog, and
in sustaining the lower court Judge
Lumpkin said:
The only question in this case is
whether or not II lovy can be made
upon st. Bernard dog. j. j. e. j.
E. Maddox obtained Judgment in a
just'ce's court against Max Keckc,
and had an execution issued which
was levied upon q st. Bernard dog,
as belonging to tho defendant. Carl
Wolfsheimcr interposed Il claim. On
tho trial before the justice, claimants
counsel moved to dismiss the levy
on the ground that there was not
such property in a dog as to be the
subject of levy and sale Tho magis-
trate overruled the motion. Evidence
was then introduced, and the mag
istrate found tho dog subject to the
execution. The claimant brought
the case to the superior court by
certiorari. No exception is made to
the hutficiency Of the evidence, or on
any other ground except the one in
dicated above, to-wlt, tho contention
on the part Of the claimant that
dog is not such property as is sub
ject to levy and sale.
TIE DOG IN MYTHOLOGY.
The dog has figured very exten-
sively in the past and present. In
mythology, rs Corborus he was en-
trusted with watching tho gates of
hell; and he seems to have performed
his duties so well that there were but
few escapes. In the history of the
past he has figured extensively for
hunting purposes, rs the guardian
ofpersons and property, and as pet
and companion. He is the much
valued possession Of hunters the
world over, and in England especially
sthe pack o hounds" highly priced.
In literature ho has appoarcd
moro often than other animal, except
perhaps tho horse. Sometimes he is
greatly praised, and at others greatly
abused. Sometimes he is made tho
typo Of what is mean, low and con-
temptible; while at others ho is do
scribed in terms Of eulogy.
Few men will forget the song Of
their childhood, which runs:
Old dog Trays ever faithful:
Grief cannot drive him away;
"lte's gentle, he is kind;
Pll never, never find
"A better friend than old dog Tray"
Nor can any of us fail to rcmem
her the intelligent animal on whose
behalf "Oll Mother Hubbard went
to the cupboard"
LORD BYRoN's TRIBUTE.
Few mon have deserved and few
have won higher praise in an optaph
than the following which was written
ny Lord Byron on the tomb of his
d'nd Newfoundland:
Near this spot are deposited tho
re "alns Of ono who possessed beauty
win 'ut vanity, strength without in
So'""c", courage without his vices.
This praise, which would be beunmoan-
ing ntt,ery if inscribed over human
"-hos, is but just tribute to tho
memory OF Roatswin, dog who
was b rn' at Now foundland May 3,
lSIE', a',d died at Nowstead Abbey
N " ,nnot IS, 1908"
Th' dog has even invaded the
domniu OF art. All who have seen
SIR Edward LaDdsecr's great pic
"a will know how much hnman in.