Tlii: SUPIJESIE COUHT 2S2;5 Opinions, Oct. Terni,3 rrpra Afivauee Sheets of Attorney General T. F. &Skisat3i N. a Reports. .- ; . . ; jDrJtoi vs. Hally burton. f , . - k fcourt of equity will not inter fertf i?yiajunetion-to stay an'; execu tion f'ilArly - issued upon a - judg rautiai -v because the sherifx has leriM i property nptcthe subject of 6lt3 a ofter. execution, or because the property belongs to another than the jurteu tt debtor, .except rwhere the pr ieixy. levied on is personal props -erty , fe "d the sheriff and plaintiff are bjtn. iiolvent. ' ,:. " 2. A vested remainder may be sold undev execution, but a contingent re uaaincier cannot. ' ' - S, A sale under an execution issued . Bpon a judgment which i3 a lien on aii ib debtor's property, vests in the y;!arha?er ohly the interest of the debior at the time the judgment lien attaches; and if the debtor has no in terest subject to sale under execution the purchases gets nothing. . t 4L So where a, judgment debtor ap plied for an injunction to restrain the sheriff from selling a contingent in tareat in land which was not liable to i be sold under execution, it was held tat the injunction should have been i jpused. . . " - -. Witt vs. Long. v , - I. While it is better and more con pment to have the record printed as 1&3on as the case is ' docketed in "the ; Cupreme Court, and this practice is commended by the court, yet it is a compliance with the rule if the rec ; crd is printed when the case is called tx its order for argument. .. y - , 3. -Appellants should be. 'careful to e. that the rule is duly observed in rsspect to the parts of the record Te faired to be printed, as it is intima ted that mere colorable compliance will be treated as no ; compliance at ft, The statute does not require that Hie justification of U e surety on the ddertaking on appeal . should H state that he is worth double the amount f the undertaking above his liabili- tis and his homestead ' and ' exemp tions allowed by law. It is sufficient if it state that he is worth double the fcsaount therein specified. - 4. A judgment by default final is regular in an action on an open, ac count for goods sold and delivered where there is no express contract alleged in the complaint, but the piainxins oniy sees 10 recover on me implied contract the reasonable value of - their goods, in such case the judgment should be by default and inquiry. , " ' . - ' : i: A judgment by, default final can only be tendered when the complaint is verified. - s - ' 1 Spicer vs. Gambill. 1. Where an execution isalevied on bond before the'i expiration of the judgment lien.' but the sale does not take place until; after the expiration of such lien, the levy does not extend the lien to the. sale, so as to defeat a purchaser - or prior' incumbrancer, whose right attached during the ex istence. - of the lien, ' but before v. the levy. It an execution issue more than ten years after the docketing of the judg ment, a sale of both real and person- ai properiy unuer it is vana, dus, in such case it . is only a hen " on both Teal and personal property from the , levy, and not from the ; lease, oi the execution. : ... '. .... y ! Sawyers -va; Sawyers. V ' ,x :. 1. Under the. Code system an exe cution which is issued after the death of the judgment debtor,' although it f bears teste before his death, confers .no authority on the Sheriff to sell n q cola .Viaianrvriaf a xrrA Kiif I I I M 4 111 I IWII.I1 W Ullll -Wf TTTO rm . adopted a sale under such "an execu tion would have been valid. 2,MiTens on real t property, are no w governed by the ; docketing of ? the judgment, and not by the issuing of process to enforce-it. - . m , '3. When ah execution is issued on an undocketed " judgment, or one which has lost its lien on real estate by the lapse of time, it is a lien on ' both real and personal property from its levy; -cPf v"v - P-;4B:Mr 4. - Where a judgment debtor dies, the creditor cannot enforce the judgy ment by execution, but must collect his debt in the regular court e of the administratioh of the estate. - - 5. The provision in the Code- of civil procedure furnishing a remedy for enforcing the lien in case the ads ministrator unreasonably delays set-. -umgme escaie, nas not oeen orougnt forward in The Code . t' - v : , ; , Walls vs Williams 1. Where, for a valuable consider ation, one contracts- to ? support an , other, he cannot recover in an action for services rendered such other party in nursing and attending y to him in : sickness. ; 1 " 4 , , 2 So, where A leased B's farm for a term of years and the lease provid ed that he should furnish B and his wife plenty; to support" them and should have the excess made on the farmland B wa3 stricken with a lin gering sickness, 'in which A nursed and tended him; it was held, that A could not recover in an action against B s estate for such service. Penniman vs. Daniel. ' Courts the moat ample power to al low ; amendments-, and where an aniaavit upon : which a warrant of attachment was issued was defective, . it may be amended: . 2. A discontinuance results from the voluntary act of the plaintiff in . not regularly issuing the successive connecting processes necessary. ' . 3. Where a samcaons which is to ; be perponally served is ordered to be issued, by the court, it is not the duty of tho clGrli to is?ue it: until it ig ,de muuded by the plaintiff; but when service is ordered to be made by pub licat'icn,' after the expenses aro paid ' - by the plaint ift, it is the duty of -the clerk to oooyj the order, and make tlJH publication. . 4. SoV where an order of publican puol di 2'iiAue. -ijiii by ci ovcrsirnt DAILY CHARLOTTE OBSERVER: in the clerk it was not done, and the defendant moved to dismiss the ac tion on the ground that there was a discontinuance.' It s was' held, that the judges had : the power to - allow the publication to be made, return able to a future term of- the court. . Mode vs. Penland. . -- 1. Partners are . individually re sponsible for the negligence of the servants and agents of the partners ship, and when one of the partners does an act in the course of the part nership business he is considered in this respect as the agent of the part -, nership, and the other, partners are liable, even if they did not assent to the act. 2. All torts are joint and several, and where one partner commits a tort in the prosecution of the partner ship business, the injured, party may, at his election, sue all . the partners, or any one or more otthem. 3 Evidence '.should never be reject ed on the ground of variance, unless it has misled ,the adverse party in making his defence. So, where the complaint alleged that the ; plaintiff had been injured by the negligence of the, defendants a&ent, and the evi . dence was that it rwas by the neglis gence of his partner the variance was immaterial. .v.. ; Carlton vs.: Byers et als. ' 1. Creditors are not proper parties to a proceeding brought -by an ad. ministrator against the next of kin of his inestate for a settlement of the estate.-' ' ; ' ' ' - 2. v If an administrator should file a petition against the parties interested for a settlement before he has , paid the debts, the remedy of the creditor is by a creditor's bill, m accordance with 1448 of the Code, or.a creditor may bring an action on the adminis tration bond; 3. Creditors are DroDer nar ties to a special proceeding Ibrought by a lega tee or distributee against an executor or administrator for an account and settlement of the estate; for, in such case, the legatee or distributee has A' right to have an account taken to ascertain the balance, after providing for all the debts. f ,: - ; iEW lOBK BELLE'S BED . . ROOM. . . , 1 How Comfortably and Composed ly , a Millionaire's Daughter Sleeps. y -- (t:.. ; Chicago-Herald. - - -' 5 " " .' - , : Would you like to see how a New York belle of millionairism sleeps. I can gratify you so far as to describe with literal exactness the bedroom of a young woman whose name appears in, print as often as anybody's in the society reports. - Into 'it I was con ducted, quite in the same matter-of- course way that the little lady of the house did everything that she willed and there we found: the knick-knack which we were seeking for me to criticise or admire. . But I confess I had eyes only for the room. ; It was quite as interesting to me as if it had been the bower of a princess; more so in fact, for more persons see behind the scenes in a princess's life than in those of a young American million airees. The theatres endeavor to ac quaint the masses with the interior of great mansions, places and abodes of the wealthy,' but they show us on ly the drawing-rooms and dining, rooms. I suggest that they epedily vouchsafe to us all a view of the bed room of a young lady of fashion. I don't know how they can do it exs actly but that is for them to find out." I never saw 'a more " beautiful, - co sey, in every way delightful place than the sleeping room of this young princess of fashion this eldest child of. a manymillionaire. vThe wall pa per was pale gold on faint slate color ; The gilt bedsiead was pushed against a square of plaited silk of pale gold. wicn siate coiorea . sue bows at tne corner, -Just such another sauaxe of plaited silk rose to the ceiling above the washstand. , On that were only pitcherj bowl, t. soap dish, and so ' on. oecause running water is supposed to . mVite sewer gas, but all of the choicest ware. A great sheet of bev eled looking glass,; six feet high, swung on brass rode above the floor m one corner for the young woman to see her whole attire in;. She had also folding glass to reflect i her ears. back hair and neck. . .. There was an open fireplace beside the hot-air register, a dressing stand laden with pretty toilet boxes and bottles, an ivory clock like a , bird cage, in which ivory canaries trilled sweetly as each hour began; easy chairs and a rocking chair to match the wall paper and furniture, a prets iy nme preaieu ior ine young wo man to say her prayer upon as fash ionably as possible, ; and a wealth of little elegancies, completing a general ettect that was exquisite, dainty, and inviung oeyona computation. upen ing out of this room the young mil where she wrote ; and painted and "worked' so to speak, but I did not see it. : It was while I was in' her sleeping room that 1 noticed that nowhere in the. whole house during a whole day's stny had I seen a single hint of dis order no shoes in sight, no article of clothing lying on a chair or bed, no litter of any sort everything, in short, as neatly ordered as if I was a critic invited to call and see the per fection of home discipline. I confess that a! tiny pair of kid slippers peep ing from under the edge of the bed, or a hat and pair of gloves thrown upon a chair, would have made tlje room more interesting by connecting the maiden with it; but.it was the rule of the house for such things not to be. Think of it. Eight servants to wait upon four persons. The room in which the family as sembled for conversation ancj the en tertainmeat or company ,was across the hall from the parlor It wa3 quite as elaborately furnished' as :th parlor, but the carpet, chairs, and various appointments were not quite 'so new;; in fact, they vcro worn just enough to bo comtonabla. The two front windows and one at the side commanded a general visw cf Fift avenue, and I noticed while I was there that the ladies watched what went on in the street with - the same curiosity; their poorer sisters possess ; but they 'sat r so far back .from the epaco between the curtains that, while they could see everybody, ' nobody could see them from the street. . ;: I noticed, also,: that when a friend called at the house, if either mother or daughter saw the visitor m time she would go to the door herself be fore the person had time to. rings the bell. And I observed another .thing. There . must : have " been $10,000 in china, glass, " bronze and; marble in this sitting room, distributed over, a couple of hundred little things useful and things i ornamental. .The mem bers of the household would be glad to talk of any of these beautiful am tides : would say what they were. where they came from and all about tfcem, except the price.. . Money and price and cost, subjects so commonly by those of us who are obliged to think of such trifles, were never men tioned. "!: . 5 . ' i The folding doors between the front room and the next room were never drawn together while I , was there The next room was the library, walK ed in by bookcases of carved wood and beveled plate glass?. The man of the house invited me in there . to smok and read. , He had daily pa pers, all of them; on the centre table, two or three easy, chairs, a drop light and a grate fire. . He went t o his room when be . came in, exchanged his shoes for slippers and his coat for a loose jacket ; ihen flung himself in a chair, lighted a cigar and tried to read, while either his wife or. his daughter sat on . an ottoman at , his feet, or on the arm of - the chair he occupied. Wealth and happiness are said to be of ten strangers. These ap peared to be the happiest people im aginable. , y; .,. - STATE IEWS. " Wilson Mirror; The Barefoot pefty sold on Monday for over 000. The mills, .with about a drfid anrfts ; of: land f attached. pro- $16,r Jiuns. were bought by our w ide-a wake and J)ros perous townsman, J. Tjggins,: tor $8,000. . We Iearnttrtr1tr3 irt soon establish a cotton seed oil mill out t kVinston Daily ; With two hundred and twenty thousond .dollars spent for new buildings, 30,000,000 pounds of freight shipped at our depot,- and an increase ol about 2,000 in .popula tion in the vear 1885. the year 1886 will not fall short of doubling' this record; judging from the present outlook. The Twin uity's material prosperity grows more brilliant and permanent every day, and is a mar vel to her sister towns. - - . v 7:..- Wilmington Rdview: Hon. Ed? ward Cant well,, formerly of this city was married at Christ Church, St. Simon's Island, Georgia, on the 2nd mst. to Miss Helen Kichardson uould. Our geniel. friend, Mr. Thoma H. McKoy, J r.i was - married m Nor folk. Va : on lats .Tuesday. . the 5th mat , to Miss Cooke,5 a beautiful and accomplished, young v lady of that citv. They arrived in the city lasl night.and are registered at the Ortoa House. .; - -- " News & Observer: Durham has made a fifteen year contract with the 1 ho mpsonHouston v electric light company; taking fifteen ' lights for that time. A large number of lights hove been taken by manufacturers, business men and private5 parties. Sheriff J R. Noweli has settled with the county commissioners the taxes due the State by Wake. Sched ules B and C yielded! 3,640.83 : liquor taxes, etc., $4,oyy.u. ine lotai taxes were $25,623.52. Wake piys the lar ' m a m f r stf ; rrt j w r S gest tax of any county in the State. rtewbern J ournal : From parties just returned from Onslow court,5 we learn that a serious cutting affray oo curred on last ' Monday night at Tar landing, Onslow county. The , par ticulars are as follows: -The man that done the cuttiDg, named Ballard our informant did not ascertain his first name arrived at the landing a little after dark on horseback and as&ed a respectable colored man living in the neighborhood to hitch his horse. His request; was immediately complied with, and when the colored; man re- turned Ballard asked him what he had donewith the horse. Upon receiv ings reply that he had ;V hitched him under a shelter," he rewarded the colored man's kindness : by cutting him so seriously that his physicians are satisfied that he cannot recover ' Laurinburg Exchange i Mr. G.'. M. Whitfield informs us that he has sold 521 emigration tickets during the months of November and December. 1885, and 25 tickets since the-1st of January. Allowing three children to each ticket would make a total of 2,000 negro emigrants that have left this section, and still they ; go. Daniel McRae was shot by some one as he entered his front door about o'clock Wednesday morning. Though not seriously hurt, it alarmed Daniel, ana ne lmmeaiateiy suspicionea one Gabe Graham, colored, who , was bound over to court in, the sum o $200.- -To every doubting; Thooia on the' subject of the ., successf u growing of tobacco in this section we extend an invitation to call on us and eee the fine samples. of tobacco grown by Mr. A. B. McJN eili on land abou three miles from here.' , Mrs. "Winslovr's Soolhia: rup " Ilev. Sylvanus Cobb Urns writes in the Boston Christian Freeman We would by no means recoir mend any kind of medicine which we did notkeow to be good particularly for Infants. : But of Mrs Wiaslow's .Soothing byrup - we can speak from knowledge; In our own family it has proved a bless ing Indeed, by giving an Infant troubled with coll pa'.ns, quiet sleep, and the parents unbroken rest a nisnu most pareius cau ayiueuicii tnese Diessings Here Is an article which works to perfection and wMt-n is narrniess; ior ine sieep wnicn it aiiords ih mraiit is perieciiy jiaiunii, aitu me nttie caeru; awakes as "brignt as a. button.." And during tii processor teetnui its value is lr.calci'bie. vf h-ive frequently heard mothers s:y that th--v vo nt be without it trom ino (,'irm of the child till l nan nnwiwu wiui irsuiiiit: hire o;i en? roiv- e rati on whatever. bold by ail cLl-u'; :ai3. a Lctll,'1. TUESDAY, JANUARY 12, .Open tne Windows Erery Day. . One of the most important causes of he greater prevalence of disease .; ana the- higher death-rate, in tne winter months, as compared with ttie milder &sasons, is the absence of house ventila tion or its imperfect character : in cold weather. It should bo ; unceasingly aught ; by the family , physician that when doors and windows are closed to exclude the outer air there must be some other provision for the - supply of resh air- or sicsness win result, j?. very stove, fire-place,' or furnace .used to warm a house not supplied with proper rftah-air inlets is an engine ; for sucking up the ground air from the -polluted soil - beneath the house ana ior urawiug m he sewer air through every trap, wash bowl, and closet.' . Typhoid fever, , diptberia . ana pneu monia are the , aiseases. ; most. io u dreaded ' from ; such causes. 1 here is reason to believe, indeed, that this - lat ter disease is much more largely aue w he contaminated atmosphere of : dwell ings than exposure to coid and : inclem ent weather,, to which latter cause it w usually .attributed. its , relation witn typhoid fever has long oeen ooservea d medical writers, , and.1, recent observa tions point to the presence of some of he microscopic men . organisms v as iw causative agent. , v Thorough - ventilation - of sleeping apartments when not actually in use, and proper Bupply of fresh air - when occu pied, .would do more - to prevent; these diseases than any amount'of warm cloth ing, chest -protectors,, etc. Open up the bedrooms during the sunny hours every day, and let them 'fill with the fresh, outdoor air. Chicago .News. . ' i i 1 . Sailors'" Tokens, Charms and Keepsakes. i Sailors, : the most superstitious of men. and oftenest away from Poll or Sue,' are great at love - tokens. . 1 hey. wear , a charm on a silken string around their necks; they tattoo their manly arms with two hearts transfixed by a single arrow, and : marked respectively Jack ' and "Molly," and they believe, or pretend to believe; ; jn the magic power of such symbolical unions' to keep their affec tions true to tbeir lady, loves against all the allurements of alien beauty... More over the, keepsake,: beside containing as often 'as possible "the hair of the beloved objjectr' is alinost always made of " the precious nie, tal3 or precious stones; There, is a common, though f .maennite feeling - that it ought tor he somethmg rather useless in goid- or -silvef. It re mains remotely true, in fact, to its amulet origin. - bioia ana silver ana precious stones- aTe -ony immense antiquity.- Somethmg to hang around your neck on a string; something to wear as a charm on your watch chain; or, failing these, something in the ; way of necklet, bracelet, brooch, earringthat is the ordinary ideal'- of the kaepsake. . The ideal, : in short, descends trom a time when clothuig was scantv, personal, or nament was-a matter of. high impor tance, barbaric decoration alone was known, ? and goods and chattels- were few and simple. ..We seldom'-' think of giving as a keepsake anything that can not be worn about the person. -r-Long- A Good Suggestion for Painter.-. '. . :"I-saw something very funny over our way the other day,'!, said a resident of the is'orth Side. ' "Last Sunday I was walking along near' a church, when I observed just ahead of me a gentleman and a lady, evidently , on their way to church, He was a tall, athletic fellow, and was smoking a good cigar, as I could tell -by the flavor' of it which he left behind him." It was not more than half smoked, either,' and when they reached the church the lady passed , up the steps, but he lingered at the r door. I saw him" look lovingly at the; half- smoked, imported , Sunday cigar, as if he worer measuring its - value; next he glanced all around to see if any one was looking - (my face was just then in the other direction,) and then, placed the smoking stump in a little niche: in , the church wall and disappeared. -' v . v "In about ten seconds ' I saw a small boy' sneak from the other -side of ..the street. ' Ho pranced up" those .steps ' like a setter, dog advancing to coon.; 'tHe paused, with his ears cocked and his forefoot in .the air, : as'it were,'-" listened a moment, looked all about, . and' then grabbed. . that cigar and walked away. Into his. mouth it went, and puff, puff came the. smoke. . The expression of triumph and delight on that boy's face as he marched off with . that cigar pro truding from his mouth ; at an angle of about 40 degrees' would makeMhe for tune of the painter who caught it. Chicago Herald, - - .. . -- -, ' . -t y : r , ' Only Dangerous to Onlookers. Mark Twain's : theory that Jrench dueling is only , dangerous to onlookers proved true the other day. Two-boule-vardiers, "iiL Chesneau and Champig neulle, -.were- settling' a quarrel - with swords when "ah excited stranger rushed between them, crying: . 4 Tor heaven's sake, stop this murderous work I' H explained that his father, "an emotional octogenarian, had seen the duel from a distance, and had such a shock that he burst a , blood-vessel, i Not : wishing to kill the old man, the adversaries tossed their swords aside , and shook hands, when . the . stranger i rushed back; ex-' claiming:. : "Continue, : gentlemen, ' my father is better.", .They, declined. The Argonaut ' - ' -' ; ' v, Facts Concerning the Sue? Canal. -' The Suez canal is ninety-two miles long and twenty-six feet vdeep,; the con struction having covered' a period of .thirteen years; and the capital employed amounted to $35,000,000 in round num bers. Of the tonnage ; between the east and the west, : the " proportions are 104 voyages by the canal and 60-by the'eape of Good Hope. -Chicago Herald. r : - ,i Tothirij New Under the Snib - : In the royal arsenal at Soudan ii an old Chinese' 'eighteen-pounder bronze gmvliried with an iron tube, the native workmen having anticipated by many years the contrivance by - which the artillerists of Furope .have almost uni versally introduced in- some - shape or ; other during the present generationr Chicago Herald. . . ' . ' ' Laziest. I'p-oplo' in the World- " . y The inhabitants of the Laos country, in Siam; are. the laziest people in" the world. They are so . indolent that they do littla more than collect rice enough to keen thorn, alive. . " The total value of the trade of India Cce?3 tSO.OCOjOOO annually. 18E6. . s - - j- -:"' -v. -t k OTII4 QD'V' Onotatlons dnrine fhn rrftwTit Hfnnt.h Wenow pubDsh ourvand 'show ilessV YouthsV ' Boys' LOT 53f4" ; 714- - '75i ' 1884 8X13. ' 667 - 523 8W1 - MENS' . ;' OVEBCOAT3 mt , ULSTEP.ETTE3 ' v 4 00A ' ' - HACK CniNCIllLLAS r . . AEWMiEKlSra BOY3 ! PR'NOECTTAS. - " . SACK OVERCOATS j : . - ; A LAKGE iWens'. Boys' and Which' Ich we effer at a great sacrifico.il We Intend to carry any over. . . . -. Bring these lot numbers with iom, which may assist you In jour selection: i " I i -We reqaes all too? that want Good Clothing, at remarkable low prices, to call on us. "A ; P. a All orders by MAIL promptly attended The largest and most ISaDnoDDn(lanQoc6 1 j IN-', v-THE PI A:NQS A:NI OR GANS Of the best makes on the installment plan. Low prices and easy terms; Send for prices. 1 MJ s Wyy;r 4 i R - ' ' "i 4 - ' ' - Jyysi ft ( ft1 if " , , - - i Ml -. y .,v'.",;v ry : . AGENT FOK : No charge for o-ri6:;iildliPBs CHARLOTTE, 1$.C. l tie liepnifl Of another year we announce still further - - . ... Bedoclieos ' in, , Prices. r ' - K ' . "t We have Candy, CracJcers, Fruits, Nuts; Cocoa nuts, Peanuts, Chewing Gum, Harmonlcos, Canned oods, Cigars, Cigarettes,-Smoking and Chewing Tobaccos Snuff, Pipes, Matches, Twine, ' Paper Ba2s, &c, &e on ah of which- we will duplicate Ealtlmcra and New York priced ' r ; What coods we do not rnanuf acture we buy from first hand3, and can afford to sell them low. rr i ' - . -. ..- a- 1 . ' . ' . , . , - ' .. v . v : : . i . . :-t- ; : . -r --- WE ARE STILL SELLING THE BIGGEST STICK OF CANDY FOR FIVE CENTS. :? 3 . :lvxcfaciuhess and joeezhs. iTn . f ! u f Willi XOV7EI2 - u. 1 . and : Qiildreitf ' -; Overcoats $6.00, . REDUCED cm - ft EBOM $10.00 10.50. 10.50 ' 11.50 U.0J 76Q ' 7.75 ' tt . - '600. - . OTtCTS S.9R , 6.ro, 4 8 00, tt LE OF ; Children's Suits close out oiir Antira r Wint fnnt,w- . :v - 1 ia not to. v . - ' f complete; stock o FREIGHT, PREPAID packing or drayage. "I IFTnSflnn n n n n Ann : , AX COST' ' Fo r Ga,sh. . I win close out my entire line of , FANCY TOILET, CASES, : ? TRAVELLmq BAGS WORK BOXES, v, - GLOVE AND - HANDKERCHIEF CASES, . CUT GLASS : BOTTLES- - - AND y Olive Wood Goods, -AT- COST FOR CASH. lam determined to; close ttemXout to : maka room for other goods. , v 11 3t I Hi:-': MiAN raw BTTE d owr ziim tiie cp?on X. R. Yrist6k-

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