davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-14
SANDERS ". PRICE.
Supreme Court OF Georgia
July 81. 1899


WHERE AN ATTORNEY APPEARS
ON THE RECORD FOR A PARTY.
THERE IS a PRESUMPTION
THAT HE HAS AUTHORITY To
SO APPEAR.
THE JUDGMENT IN A SUIT
BROUGHT By AN ATTORNEY
WITHOUT PLATNTIFF's KNoWL-
EDGE rs NOT VOID, BUT volpA-
BILE. AND CANNOT BE ATTACK
ED COLLATERALLY.
A JUDGMENT IN A PARTITION
SUIT. THOUGH VoIDABLE FOR
FRAUD, is a COMPLETE DE-
FENCE TO ANOTHER SUIT FOR
PARTITION OF THE SAME LAND,
SO LONG AS IT HAS NOT BEEN
SET ASIDE.
Three cases were heard together.
Each action is by the same plaintiffs
for the partition of tract of land;
plaintiffs claiming rs heirs at law OF
u. $. Porter, deceased. The defendant
in each case claims title under a de-
cree for sale of said land, as the pro-
perty of Il. S. Porter's estate, under
partition proceedings in the case of
: "! tei CT al. v. IOTtcr CT al, Ill which.
as shown by the record, the plaintiffs
In this action appeared rs parties
plaintiff by their attorney, c. e. Rob
lnson. ESQ. This record was introduced
in evidence by plaintiffs in this case.
TneH, over defendants objection, plain
THIS testified that they never employed
MI. Robinson. or authorized any one
TO employ him, and did not know their
names would be used in the action for
the sale OF the Lands. Upon this tes-
timony the Circuit Court held the pro-
ceedings and Judgment in Porter v.
Porter void as to plaintiffs, and so de-
creed for partition In their favor.
From this decree there was an an
peal.
The court says:
We think tha Circuit Court erred.
The proceedings in the case OF Porter
v. Porter. Under which the defendants
CLAIM, title. were regular on their face.
The record disclosed no jurisdiotional
defect. as the court had undoubted ju-
riSdiction OF the subjcct-matt.r Of the
suit, and 1t arpeared on the record that
plaintiffs We're parties duly represented
by an attorney at law III this State
the law does not require nor is 1t Gus
stomary. that attorneys claiming to rep
resent parties file warrants OF at
torney. When an attorney appears on
3 the record for a party, a presumption
arises that he appears by authority.
The judgment in Porter ". Porter is not
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-14

The grand jury of Barlow county re-
turned special preScntment against
the plaintifl in error, charging 1t with
o misdemeanor. The specific allegu-
tlon OF such charge is that the plaintiff
In error on the LIST day OF November,
+ 1898. in Barlow county, being a cor
poration there doing business Illegally
furnished liquor to u party.
Il The court says:
sa Ihe general sn, assembly forbade the
went further, in order to accom-.
plish the purposes intended, and de-
clared that the furnishing at any place
OF business or other public place, by any
device whatever, should be a INSIDE
lncanor. Liquors are always furnished
to the purchaser by sale and delivery,
but & person may be furnished with
such by other means than sale; and
therefore the general assembly, by the
use or the word, intended to impose
further restrictions Than that embraced
IN the prohibition of the sale But it
must be noted that the sale and fur-
nl:h:ng are used in the same connec-
ton, and where it is made msde-
mcanor to sell or TO furnish by any de-
vice whatever while the plain mean
ing OF the word furnish" is not re-
stricle1. the language, "by any device
Whatever" used In connection with
that word, would seem to Indicate that
It meant to reach Il class OF cases not
technically sales, because of some de-
vice which prevented the act of fur
nlshinS from being sale. If this be
a Fair criticism OF the words used, ther
the evident intention of the lawmakers
WIS TO reach Il class of cases which i'll
Volved some of the elements of a sale
put which might not be obnoX io,lS TO
the statute, because of device BY
which other elements OF sale were
n NJ IN. 1c a
the meaning of the the lawmakers that
both regular and Irregular sales should
De prohibited? But, however THIS may
be, we arc not disposed, in this case,
even by fair implication, to abridse
the construction which might other
wise be placed OH the words of the act
me plaintiff In error is n common
carrier, and as such is bound TO receive
nnd transport articles and property
offered to 1t for shipment, under reason
able. rules and reguln lions. In the case
of Fears V. State this court held that.
Notwithstanding The local option LIQUOR
law was in force In n particular county
"a right OF property in spiiituous and
malt liquors exists In that county. Be-
ing property, 1t was, under existing
laws. the DUTY OF common carrier to
receive and transport such property, for
q reasonable hire, according to the
direction OF the owner or sender of the
same. unless such transportation has
been prohibited by the lawmakine
power The sale having been completed
at The place OF the shipment and title
TO the property having vested in the
consignee by delivery to the carrier at
That point, 1t only remained for the eX-
press company TO transport and de-
liver it. This. under existing law. 1t
was bound to do; and in so doing IT wa Z
IN no sense the furnisher of the lIcuor,
whlch the packages contained, TO the
consignees. Judgment reversed,
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-14
spnln,. Exce..ive rnxn,ion.

tBy Telegraph to virginian- Pllot)
Madrid. Oct. 1s.-The merchants
tHIHd1eIr 10 cfuse thetF Shops rs Il pF0-
test against excessive taxation. If the
threat IS carried out, martial law Will
De proclaimed. as serious disturbances
would ensue.
Arizona republican., 1899-11-26
OUR NAVEL ORANGES
Detroit Will Enjoy Eating the First
 Crop.

On November 10th The Republican gave cOnsidera ble space to an account of the shipment of the first car of naval oranges from Phoenix to De- troit, Mich, by MT. W. R. Orr. Com menting on the safe arrival of the car the Detroit News says:
 Detroit is to have the honor of eat ing the first naval oranges ripened this season in the United States. There is carload of them, and they arrived today from the Salt River valley in Arizona. The shipment is three weeks ahead of the season, and beats the California orchards all hollow. and was made by William R. Orr. formerly connected with the Evening News, but now a broker in Phoenix, Ariz., where he removed his family from Detroit about a month ago.
 ''The event was considered of so much importance in Arizona that the departure of the first-born oranges from Phoenix was dignified by the presence of the territorial governor and other officers and prominent citi- zens. On great banner stretching across the car was the explanatory legend:
 First shipment of the season. Ari- zona Washington navel oranges grown by Ingleside O., and sold to Baird & West. Detroit. Mich. by W. R. Orr
 Baird 6 West acted as agents for Ayres & Reynolds and Alfred Rush & Sons, the Detroit firms to whom the fruit was sold for distribution to the retail trade.
 I feel highly pleased MT. Orr writes to the News. to give Detroit people a chance to have some of the Pride of Arizona oranges for their Thanksgiving dinner. It will be the only town in the United States that will enjoy this pleasure. Chicago has always secured this early fruit and has paid very high prices for it. but I thought it was about time Detroit had first choice "
Arizona republican., 1899-11-26
LOCATED IN PHOENIX.

Dr. Peter Cooper, a graduate of Hahnemann medical college of Phila- delDhia. has located in Phoenix and will office with Dr. William Lawrence Woodruff and Dr. w. H. Battin, and
 will take up the practice of diseases of
 the eye. ear. nose and throat at the Pneumo- Chemic Sanitarium in Phoenix. Dr. Cooper comes here from Delaware. where for the past ten years he was a member of the board of examining sur geons in that state, of the United States pension bureau. During the active practice of his profession in Delaware, Dr. Cooper contracted la grippe, and
 the effects of this disease have driven
 him from a lucrative practice to the
 sunshine of Arizona. During his brief sojourn here Dr. Cooper has made rapid
 improvement and he is so well pleased with the city that he intends to make his home here. He comes highly re commended through his connections in
 the east, which were of a high char acter For three years he studied the eye under Professor Keyser in the Medico- ChirurgicaI college, and Wills
 Eye hospital of Philadelphia. which he supplemented with a special course in the treatment of the eye. ear, nose and throat at Hahnemann college. For two years Dr. Cooper was junior physician in that department in the Hahnemann college. He opened an office in Will mington, Delaware, where he contin- ued to live and practice until he was compelled to come to Arizona. He has seen nineteen years of active practice, and is regarded as one of the best specialists in his branch of study that the Hahnemann college has produced. Phoenix and Arizona in general are fortunate that such an eminent special ist has chosen to settle here.
Arizona republican., 1899-11-26

It's a great thing to be in the lead. It takes time generally to get there, but the sensation is all the more en- joyable. When Scoville started in bus mess in Phoenix he had to fight for a foothold. but he made it just the same. Gradually by hard work and thor oughly knowing his business he be- came the leading plumber of the city. He has now led so long that he likes the job and proposes to stay right with it. His business has grown enormous Iy He has the finest and most com plete stock of plumbing goods and sup plies in the southwest. He takes any kind of a job in his line and does it right and quickly. That is why Sco- NiIl. leads.
Arizona republican., 1899-11-26

at the Ford hotel MT. Whitney comes for the enjoyment of Arizonas winter climate.
 c. G. Shea of Jerome came down on last nights train and is a guest of the Commercial.
 s. M. Francis of Flagstaff is a vis- itor in the city and a guest of the Commercial hotel. w. C. Rarig. Milwaukee, and J. | Wertheimer of san Francisco. regis tered at the Commercial yesterday
 C. NJ. Colhoun came down from Castle Creek Hot Springs last night and is registered at the Hotel Adams.
 James Mcintyre of Chicago is a health seeker who arrived Friday night and is a guest of the Ford hotel.
 Martin s. Smith and wife of Detroit arrived in the city on last nights train and are registered at the Ford hotel.
 Nose Drachman left for the north ern part of the territory last night to bill the carnival. He makes his first stop at Congress.
 Mrs. Mary Rockwell and Fanny Rockwell of Columbus. O., arrived in the city yesterday and are guests of the Hotel Adams.
 Mir J. M. DufieId of Bloomfield, la, father of pr. William Duffield, arrived in town last night. He will remain here during the winter.
 George R. Long and wife of Clay bourn. la. were among last nights
 
 ping at the Hotel Adams.
 Slater Montrose, former manager of the Hotel Adams, left on Friday night for Peoria. H.. where he has accepted a position at the National hotel.
 w. w. Arnold, Denver; Edward Spencer. Pioche, New; J. J. Hogan. La Crosse. Wis. and A. B. Richie, Wich- ita. are guests of the Ford hotel.
 Percy Scoville left for the south on Friday night to meet Mrs. ScOville, who is returning from a visit since early in September with friends in Des MOines, Ia.
 Richard Callston. Charleston; Olive Lomidy. Chicago, and Warren Click of Los Angeles, were among the ar rivals in the city yesterday morning. They are guests of the Ford hotel.
 R. B. Donovan and wife and son John of San Francisco were incoming passengers on last nights train. They are registered at the Ford hotel and come for the benefit of the young mans health.
 J. $. Davis. Rochester, N. Y; F. W.. Wakefield, Oakland; Joseph G. Me geate. Omaha: J. C. Andrews, Phila- delphia, and H. C. Frazer, San Fran cisco. were among yesterdays arrivals who registered at the Hotel Adams.
Arizona republican., 1899-11-26
PERSONAL MENTION

H. N. TunelI of Boston registered at the Hotel Adams yesterday.
 J. V. Edwards, lord high executioner of Maricopa, spent yesterday in the city.
 yesterday and is a guest of the Ford hotel.
 D. A. Lawrence and Frank A. Smith of Chicago are registered at the Hotel Adams.
 H. O. Whitney, Miss Josephine Cen gill and Paul CengiIl of Summitville, Ind, were among Friday nights ar rivals in the city. They are stopping
Arizona republican., 1899-11-26

Phoenix is growing faster than any other southwestern city. The resi- dences have doubled in number in the last three years. That accounts for Burtis always, being pushed with work. He is called upon to do the plumbing and timing for so many new build ings that at times he hardly knows whether he is in the house OF upstairs. He rustles around, though, and always does his customers q good job. Burtis' shop is a big one and is capable of handling great amount of work. The equipment is modern and complete and the wOrkmen are not blacksmiths. If you have anything in his line either old or new. give Burtis a whack at it. You will get your moneys worth.
Arizona republican., 1899-11-26

Yes. I'm engaged, and do you know, it took George nearly an hour to pro pose to me last night. I thought he'd never come to the point.
 George always was a slow pro- poser. .''-Cleveland Plain Dealer.
Arizona republican., 1899-11-26
EEPLAENED.

sie-Why do they call them sample rooms?
 He-They are great places for get ting trial packages. The man gets the the package. and the trial follows Indianapolis Journal.
Arizona republican., 1899-11-26

Mrs. I. N. Bell and Mrs. Sisty, ex- perienced dressmakers, are located in the Winters building on West Adams street, adjoining the Capitol Harness shop.
Arizona republican., 1899-11-26
Good Things to Take Horne.

Hot Gingerbread, per cut ....5 and 1Cc Mothers Home Made Mince Pies.
 steaming hot .......... ...........10c CWe make our own mince meat) Fresh Green Apple Pies, delicious. .1Oc Fig Roll, per cut ....... ........... .1Oc Fruit Cake, per pound ..............35c Parker House Rolls, red hot-these
 are tine-per doz.......... .........1 .10c Sweet Home Made Doughnuts, per
 doz-.-...- .-. .... --.....-. .lOc Hot Boston Brown Bread Moth
 CTS pride'...... ....... ............1Oc We always have something fresh and good for you to take home.
 .Ar1zon0 Bakery.
Arizona republican., 1899-11-26

Commercial lunch, 20c including glass beer; open from 10 a. m. till D. n. California Wine House, 132 East Washington.
Arizona republican., 1899-11-26
A CARD.

In response to many repeated re- quests by those desiring Mothers Bread" but who do not always find it convenient to send to the bakery, we have yielded to the pressing demands for free delivery to all parts of the city. Those desiring wagon 70 call please leave word at Arizona Bakery and they will be waited on promptly and courteously.
 Yours sincerely,
 EnEPTCE c MT-PnOCE
Arizona republican., 1899-11-26
Up-to- ate-The New Place.
 WILLIAMS Sc HAFFNER.

"The Peters Dencacy Co" will fur nish turkeys and plum buildings fer your Thanksgiving dinner. to all par ties giving them their orders, on or be fore Tuesday. the 18th inst. ready to serve, and deliver same to your resi- dence before r o'clock noon. Thursday. Cash only. Peters Delicacy Co, 3i South First avenue.
Arizona republican., 1899-11-26

Roses, La France. American Beauties and many other varieties may be ob- tained by leaving orders at the office of The Republican.
Arizona republican., 1899-11-26

Do not decorate your floats without seeing BuXton's line of decoration nov cities.
Arizona republican., 1899-11-26

F. A. Spaulding sells real estate. Of flee No. 41 West Adams street.
Arizona republican., 1899-11-26

Buxton will solve the problem foI you in the decoration line.
Arizona republican., 1899-11-26

There will be a meeting of those in- terested in the new hospital Tuesday evening. November 2S, at o'clock, at city hall council chambers. All are cordially invited to be present. Per order sCOmmitee.
Arizona republican., 1899-11-26

Alfalfa seed for sale at Kessler- ROVle'S
Arizona republican., 1899-11-26
WE CAN SAVE 1OC TIME.

And time is money. The Union Pa cific makes the quickest time to nearly all points East.
Arizona republican., 1899-11-26

Dr. Battin has moved his office to Or. Woodruff's building, 42 $. Second Ave.
Arizona republican., 1899-11-26
The Evans Loan and Investment Company
 PAID Up CAPITAL $5O,OOOOO.
J. w. EVANS, President.
SUCCESSOR TO J. w. EVANS.

 noga O offer
  of
   alt
   Nos. and 3 West Washington Street.
Arizona republican., 1899-11-26
ESTBLISHED 1889,
To inc LADIES or pROENIx and
 Arizona in general:

No doubt you are aware that have fitted up a first-class LADIES' DEPARTMENT to make UP-TO- DATE GARMENTS for you as well as for Gentlemen. We guarantee you as fine fitting garments as you can get in America. Call and see us and get prices.
Arizona republican., 1899-11-26
LOCAL BREVITiES.

Fresh oysters at the Grotto. Popu- lar prices.
Arizona republican., 1899-11-26

For interior and exterior decorations see Buxton's novelties before buying elsewhere.
Arizona republican., 1899-11-26
A PARTHIAN DART.

Miss Sims. dre.s.naker. sSS B. Adams.
Arizona republican., 1899-11-26

Clothes cleaned and dyed with the new process, at Los Angeles Steam Dyeing and Cleaning Co.,, 1915 South Second street.
Arizona republican., 1899-11-26

Yours sincerely, FREDERICK s. MURDOCH.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1899-07-29

New York. July 2s.-IAe Yiaaneisr
Ays;
The Tedae.inA Of eIs0oOO 200 In the De.
PoAAis u the New York hanks Last sock
llghtenrd reserve requirements about g..
100000. The Institutions, however, Ae-
eoFdiag 10 their current statement losi
ti.lSt, loo cash. and Tor this reason the
Increase In surplus reserve Was only o..
Id.As0. shirh bSings pFesent h0lAings
el20SSy1n0 above lrgAl requirement..
1hs dseTeas< in ioans has eoAtuaeted cut.
shading lOaA obilgalioas no leMs than
eenIU0n1n In the same time dsposils
have bsea decreased neATiy &gT 6Ao000.
NAile the each IN haAks has remained
siatioaaU. Il uih b asen that rrseEvss
have bs~n al the sxpense VI oatstandlng
eOnmiImsnIs. ard the process dos mol
APF~aE 10 have reached an Fnd a. yet.
1h~Es 10 no question. however. that ths
hsAks ere not gaining cash. sVsa u The
Aiairnent dos ihdicaIs olhrFuise
1hs kRaua operations VI moaey hast
seek pefs dsStirily In iavog u the 10.
sSisations. lhs losA ot thrre quarters u .
tnIiiiOa 10 Tie treasury having besa oHssi
BY lhs gain II esSaO1soo from The int~Tsos.
Ils eNiTrvnI sAhihit dos not Fxascs IhiA
bot Il u 10 BE- aid that The llsasa sh0un
csa b. tFaccd 10 tao O. thEcs laIEs baaks.
the FwmAining mrmbsn having really
sirvngihsaed Ihsir PoAiihonA A. 10 lhs
osItlcok the 0Pinion u that lhrre is nosA.
ing In tbs siIaaIiOa 81 Pfrssni 10 warrant
an undue expaaaioa In hank figures TAs
liquidation uhIch begsa With July has
run ils coarSs 10 laERe exisnt, and uhiis
The pssssnt y . uiAssaa period ths
Horsmsnt u money vii probably coo.
iinas this uay iOT susns httls tima.
Horvign exchange sathosiilsa agFes that
Euld sApoSts. sxCspt - speeiAl lAhsAs.
Iiona. aTs al aa end. and While the crop
s~asoa h nsaT 81 hand u h not antidpat.
ID that the dsmsnda thia year will Gauss
much u . drain from Mes YoEk. 10.
Issi0s hnnk Er~rTves are above tho aver.
sgs. and this. coupled With sasisF rates
Ior moasy abroad and The certainty that
sAehehgs Wiii rule In iAvcs Of New Yosk
with the comiag grain exports. ssems 10
iavus . FslAxatlnn rather than . rins iD
Aiss kSTs IoS the time being.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1899-07-29
Late MEMS FROM MANILA.
oEn. OTIS SENDS A MESSAGE.
fssnaits Attacked Oar wsress ~ Cebu
and Were Rspuissa--Oss nGan KILLED
Otis GAS Raise Another Regisnanf--
osltfeFaians stsFt For aeme.

Washington, July 2s.--Three cable mes.
sages from GeenFai Otis were received at
the war department. One reports another
engagement with bandits In Cebu In which
the American forces were victorious.
Another dispatch refers to the organiza.
tion Of volunteers In the Philippines, az
follows, @Bell has enlisted about 500 men.
Wallace, still In the south, has about 40O.
IOekett Is now enlisting and has over 900
applications, which are coming In rapidly.
Might raise here an additional regiment,
exclusively volnHteers.7
The third dispatch says; The storm
has abated. The Sherman u eoaled and
leaves with al California troops The
Grant Is being e0aled and leaves In about
iNo days with the troops u North Dakota.
Wyoming and Idaho. The Minnesotas are
preparing to leave ON the Sheridan as soon
~ the transport can be nnloaded and
eoaied. Other volunteer organizations
leave a. soon a. transports are available. =
Otis has been caLled 10 send the yolun.
teers home as rapidly as possible. !, being
the desire Of The president TO have no de-
lay in the matter.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1899-07-29

Washington, July 25.-washingtoa
volunteers now in the Philippines viii
certainly not be able to start home by
August 10, in spite Of dispatch nom Sec
rotary Alger to Governor Rogers fixing
that date. 1t Is stated in the qnartermas-
ter generate office that no date has been
set by General Otis, who does not even
know at the present time what transport
they will be sent on. Probably 4 will Be
either the Sheridan or ZelAndia, both Of
which are due at Manila today, but are
not yet reported. Judging from pask en-.
perienee. it viii be a physieal im,pesuiblli.
ty to get either Of thess .yessels ready iOr
the return voyage in % short q TINA.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1899-07-29

Nogales. ARK, July 6.-InIOrmatiOn
from the lower Yakui river, at the south
end Of the state Of Sonora, Mexico, con-
veys the intelligence that an outbreak
had occurred among the Yakni Idiana.
who closed . lO-years' war by making .
treaty with the Mexican authorities In
1897. By the terms Of the treaty a large
body Of land was assigned TO the exclusive
use Of the Indians.
One man, jose Buichitia, who led the
band which made the descent upon No
gales, Sonora, in August, 1896, ON Friday
of last week with some Of his band, made
disturbance near COrcorit and General
Torres was sent out to investigate the
trouble. The Yaknis fired upon the col.
diers, killing Lorenzo Torres and one SOL
der.
The Indians severed the telegraph wires
and telegTaphic communication was cut
of several days. II il now reported that
in the fight which ensned some % Yakuis
were killed. The Indians dispersed but
an uprising Is feared. Troops at various
points are held in readiness.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1899-07-29

PascO, Wash, July s4.-An unknown
man entered the house Of Frank Schune-
mann, attacked Mira Schunemann with
a scythe and was shot and killed by her
con, Louis Schunemann.
The dead man was a tramp He had
presented himself at the house the, preyi.
Gus evening, and asked for food. which
was furnished him. During the night he
returned and entered the house, awaken.
ing Mrs. Schunemann, who callee to her
son, and left her room. Upon this the in.
truder attacked her with a scythe, which
he had secured in the garden and brought
in with him Mr.. Schunemann, hearing
his mothers screams, rushed to the scenS
Of the disturbance with large rife In
the darkness he was afraid to shoot, but
finally succeeded in getting the INTRUDER
between himself and the window and
promptly fired.