Newspapers / The Charlotte Observer (Charlotte, … / Jan. 21, 1886, edition 1 / Page 1
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EVER YBODt GO m : Get Bargains. rrrsb foptlnoes and goods are Belling fast. A nice lot of NOT 1 INGHAM LACKS at sacrificing 'Smebandfcome - . t ' - . . ' - A A .. ' ' A - '-'A . - It prices never be!ore heard of. Now is the time to get a handsome , Or any thing else to oar line cheaper than ever before. f Bemember that this Bale Includes everything from a paper of pins up; at exactfy what MIMES 6.'&ILES f - A TS WA AVAi i V.y UU li'Am SMTH OITELTII. K T S . -:o: WARNER'S CORALINE ' ; CORSETS. ABDOMINAL ' - " . NTJBESING . ' " ! FLEXIBLE HIP S ' ' MODEL MOLDED ?" ' V TTHIAT.TTT MI3SE3 14 v SEIGLE S FIETY CENT ' ' ' :o:- V . V-- Is ! Shirts! Shirts ! y dollar shirt. Quality and fit guaranteed. PE 1 k CO. : First NatioDal Bank Biding,.'. A- i -' South Tryon Street, - ,-.:,il - Charlottle; N. a - ..'-,' . . - 1 DEALERS IN ' LadiesMisses' and Children's FINE -:o:- A Lot of IES' illD L1ISSES' Damaged Gossamers at 50 cents. Dont forget the v . v- ! t - ion.. am offering at about half their value. L.SEIGL 13 3am BITTTON, CONGRESS k LACE SHOES. Gents' Fine Hand-Made and Machine Sewed " 300TS, BUTTON AND LACE BALS; . . Bin AarDiroiJxiis., - FINE BOOTS AND SHOES OF ALL GRADES V r GENTS' FINE Silk, Soft and Stiff to. TRUiNKS, - , : Valises and A - gripsacks; UMBRELLAS OF ALL KINDS. SHOE .BLACKING and. BRUSHES, ALMA- and RAVEN GLOSS- SING for Ladies' Fine Shoes. Stock always kept full an -up to the demand. ORDERS 8Y MAIL OR EXPRESS PROMPTLY ... . ATTENDED TO. "Teuth. liks this sow, sometimes submits to BX OBSCURED, BUT,- 1JKB THS SUN, . ONLY FOB A mat." J Sabscription to the Obserrer. DAILY EDITION. Single copy ... 6 cents. oy me weeic in the city. w By the month. . ;. .- 75 Three months $200 Sixmdnths.... 4.00 One year , 8.00 WEEKLY EDITION, ' . " Three months ': . Nlffintn. Slxmonths..... 4 $1.00 jne ypar... 1.75 , - In clubs of five and over $1.50. , . - - No eviittion From These Hules Subscriptions always payable In advance, not only In name but In lact. A SITREME COUKT DECISIONS. 'tiin Co. IVEUSACALL jing do w better prepared , to meet the wants - of - the ft we cordially my ite a visit ; from al 1. Be assured it o gi yes us 'pleasure 10 ; a . -;-A'",Ai?:::A A . - . - - . A ft hesitate hnf-.nnmft nlnntr.', W fltill hftr snficial bfircaina in CJHTTj- !S HOSE., Also unusual inducements m the Justly ebratedflVIatthew Patent')kid Glbve E. L EiPQSLSH & Q. rrffl'l' Formerly with' . , . eViW0N, Alexander & Harris.- v. : ; " iABBY. i iformerly with , . . . r . , - Y SO 1ST a &; j'ON'ES O A R T H A G E. N. C, v-' ; LARGE ' A L FINE . AND AKTONS. N hi TO "ft HT.T-D. m. ; AND l Elegant' Yaiiety! NOW ON HAND. TO B3 ABLE TO COMPETE SrCCE?SFULLY. IN PRICE' AND QUALITY, WITH THE uJtiX MANDFACTULEES IN TEE KOKJ11 AJU wr. - r, . a!r ly A- c STmcIiffeon Co., ClinrIot,T. C, Tan Gililcxi S - . . LF03 DtSAEILITT, STYLE AITD FINISH, WE ADS rNSUEPAESLD. ' '."-'tySON & JONES.- Carthage, if. C- ' Digest of Opinions, October 1 " Term, From Advance Sheets of Attorney General T. F. pavldson'8 93d N. C. Reports. Turnes v. Powell;;- , ' 1. Ignorance of legal require oien.ts in executing and filling tte ' Under' taking - upon appeal s will, entitle an appellant to a. writ of certiorari in lieu of an appeal, a , ' . 2. The ignorance' or carelessness of the appellant's counsel in preparing the appeal bond will not entitle the appellant to a writ of certiorrari in lieu of an appeal, where the appeal is lost because the bond is imperfecta ' Ijames vs. Gaithen f - 1 Where a mortgage " or deed : of trust is registertd upon a proper pro bate; it is notice to all the world of existence of the mortgage, of its con ten t; and of the nature" and ! extent ofthechargecreatedby.it. ' 2. When a party is put upon ins qu iry, he is presumed to have notice of every fact and circumstance which a proper examination would enable him to find out. , : " ' A . 3. .Where a mortgage was executed by a debtor to indtmnify his surety, butwho had not paia the debt; Held, o be, notice to a . purchaser after its registration; of the right in equity of the creditor to subje ct the landlo the payment of bis deot, , ' 4. When a debtor executes a mort gage to his surety to idemmf y .him, the creditor has . an equitable claim to tle security j and upon the insol vency of both principal and surety he may. subject ' the , mortgage land to the pay men t' of his debt, and this is so not only when the mortgage stipulates that the mortgagor shall pay the debt, but also when it mere ly provides that the surety shall be caved harmless. , 5.- Tnis right of the creditor 'is " not lost although, the personal remedy against the surety is barred by the statute: or if the surety, .has never been damnified and is insolvent, I. ; , , -.. 6 The debt due the creditor sup plies the consideration to support the equity. f . 7. In such case as soon as the deed of . indemnity is executed the equita ble right of the creditor attaches,and it is not in the power , of the surety to put it beyond his reach. , , Spicer vs. Gambill. ' . 1. Where an execution is levied on land before : the expiration -of the judgment lien, but the sale. does not tae place until alter tne expiration of such lien, the levy does not extend the lien ,to the sale; so as to defeat a purchaser- or ; prior encumbrancer whose right attached during the exs istence of the lien, but before the levy.- , -' 2. If an execution ' issue more than ten years after the docketing of the judgment a sale of both real and per sonal property. under it s valid, but in such case it is only; a lien on both real and personal property from the levy, and not from teste of the; exe CUtlOD. , ',, . ; t '"- " r" Simpson vs. Simpson. ' ' ' : . - 1. Wherethe maker and both sub ebribing witnesses to . a deed- are dead;- -proof of the- handwriting of One of the witnesses thereto is suffi cient to authorize its probate, and "registration.," 4 ' , ' 2. An equity of redemption cannot be sold under execution on a judg ment , rendered ' for . the mortgage debt - . v - ' - '3. Where a power of sale in a -will is conferred on two executors, one of whom dies; the power can be execut ed by the survivor.1 , r , 4. Where a debtor executed a mortgage to his sureties to tidemnify them, and afterwards the land was sold under execution issued .-on . a judgment rendered against the prin cipal debtor and one of ;the sureties was not served with ; process in such action, and he afterwards conveyed his; testator's interest in the land, by. virtue of a power " conferred on him by the will, in "which deed the other surety (mortgagee) , joined ; Held, That the guarantee under such deed hadthe legal title to at least a moiety of the land, and it is intimated that the sale under the execution was ins operative; and the entire legal estate passed. - Bowles vs. Cochran. " 1. The Code, sectionsl841 and 1816, being in; pari materia- are to be con strued together, and make it the duty of the register of deeds before, issuing a marriage license to ma tee reasona ble "inquiry whether there: is any legal impediment'to the marriage of the parties, or .whether -either of them is under 1 the ' age of eighteen rpars and resides with her lather, &c. , - " , " -A 2. By such: reasonable inquiry ia meant such-inquiry renders' it probable that no impediment ,to the marriage exists. 3. When a man of. good character and reliable' applied tor license and produced to the rpgister a written statement purporting to give the age or tne temaia as over eighteen vears. and also the name and . residence of her parents, and the : Derson nrodiifn ing the statement said it war true. though no. name, was signed to it; Held;? that the register had made such .inquiry as .was : required of him, and was not, liable for the pen alty. - , ' . . ; vMcNair vs Commissioners Of Bun combe county. . ,r A' - ' - -. The - court has no power, with or without amendment, to convert an action brought for the purpose of ob taining an injunction,,. into one ior a mandamus.;. A -";'.- McNair vs. Commissioners of Bun combe. - --A a- A , , v An act of : the Legislature provid ing a stock law for a county y enacted that upon the written , petition of a majority of the registered voters of certain townships, presented to ' the commissioners and justices at their regular joint meeting in June, 1885, they might; by; resolution; suspend the operation ? of the act in such townships. The registered voters of some, of ' these townships prepared the - petitions and sent them to the joint meetings but on account of some disorder in the meeting it adjourned without acting , on j them, and the commissioners ? proceeded . to build a common . fence . around : the entire county: Held, 1st. That the peti tioners had .a right to be heard: and as this 'had been denied, another meeting should be called for that pur pose, . although . the petitioners had unnecessarily delayed bringing their action- 2d. .That-the words of the act do not make it obligatory on the justices- ana commissioners to ex elude the.townships on the filing of the : petitions, rbut it is left to their discretion. 3rd. That the restraining order should not. put a stop to the work on the fence altogether, bu on ly on such portions as would interfere with .;; the rights oL the petitioning townships, it the meeting should con clude to exempt them from' the oper ation or. ine act. A . . . Bristol vs. Hally bur ton. 1. A court pf equity will not inter? fere by injunction to stay an execus tion regularly issued upon a judg ment at law, because the sneriti has .levied on property not the subject of sale under execution,' or because the property belongs to another than the judgment debtor, except .where the property levieu on is personal prop erty and the sheriff and plaintiff both are insolvent' A ' ' v 2. A vested remainder may be sold under execution, but a contingent res mainder co,n"ot. . 3. A sale under an execution issued upon a judgment which is a lien on all the debtor's property vests in the purchaser only the interest of the debtor at the time the judgment lien attaches, and if the debtor has no ins terest subject to sale under, execu tion, the purchaser gets nothing. - . '4 So, where a judgment debtor ap plied for an injunction to restrain the sheriff f rom j selling a contingent ins terest in land, which wasnot liable to be. Hold under i execution; It was held, that the injunction should have been refused. " , 14 -. t ; Mor gan vs. First National Bank of Charlotte., " 1. Where an act of Congress con tains ' no provision in referrence , to the exercise of jurisdictien in enforcs ing a penalty provided by the act, the iState courts have jurisdiction of an action to enforce such penalty. : 2. Congress has the : power to'de prive the State courts o jurisdiction of action brought to enforce a right arising under an act of Congress, and this may be done, by implication as well as express provision. ' ' Prior to the act of Congress of 1882, only the United States circuit and district courts, and the State, county or municipal courts in the county where a national bank was located; had jurisdiction of an action to res cover the penalty for taking usurious interest imposed by section 5,198 of the Revised - Statutes of the United States. Since the act of , 1882 any State court has ' jurisdiction to which jurisdiction would have attached had the action been against a State bank. - 4. Where, prior to the, act of 1882, an action was brought against a national bank for charging usurious interest, in the . superior court of the county in which tneplaintin resided; instead of in that in which the - de fendant was located, the objection to the jurisdiction must be taken before pleading to the merits, of the defect is waived. A' . . 5. vThe objection that the averments in the complaints are so . vague and uncertain that no judgment can be rendered on it; comes too late after an answer has been filed denying the allegation. . - ., ; . c 6. Where a complaint in an action for usury, specified the principal sum constituting the original debt; and the dates and amounts cf the usuri ous payments of interests,, it is suf ficiently definite, as it furnishes the defendant with all the information necessary to make his defence. : 7. Whereon the trial, below; the defendant's counsel alleged that there was a. variance, but made no answer when asked by the court if he had been misled thereby ; Held; such variance, if any, is thereby; rendered immnterial. . 8. In an action against a national bank for usury the complaint need not negative that there a re no State banks of issue which by law;, are al lowed to charge more than eight per cent. n WHOLESALE rAS WELL AS- . HETA1L DEPfl IT IS IN NEED OF ROOIV1. are now purchasing for the coming season. , " . ... yun vv nuina DiLlf AKIA1EJST has just been extended and willba nrWWM AIf XX S mm.. . A f.-A. I 1 --v,v,.i iwuvu,..:. m o wuucuicu mo tireo ico ioofc.uoor8 wnicn we nave recently added to our Store, by, arches, thereby-giving each floor a trand appearance. '-,. , 5 - to AtTJERATTbN" Does not rivonr 'RP,.TATr.rmrrA btmttwh t ttt compelled to make room, and can onlv do so bv . A . r ; . , - SEELING; GOODS CHEAPLY Thereby inducing the public to buy 'more extensively than otherwise. At the beginning of the New year we inaugurated -A ' '' r ' 1 ; ;.A; SD'owq v: Sale, Thi8 is Olir Third "Rnrrair TU"-. : U r ,0:T- ' sL ' L.lA iwpariment, wnnst the following ;t - ww ivyviLL-i Mtxii rut Lt.HU- ' I ';20 CENTS Will buy a pair of Misss All Wool Hose ; ip solid colors, every size, between 5 an 8A; ' 21 CENTS ' l, - Will buv a nair nf romiloi- i made silk cloaked Balbriggan Hose, 8 to 9i. - A , 22i CENTS - Will buy a pair of Ladies solid . colored All Wool Hose worth -double the money. , 20 cents' Will buy a pair of J Ladies SOlld fiOlnrprl hlaob- Hose, we ba vb 120 doz othem I 1 E)carhjne These Numbers of Black Silk: - "Tae truth in Tna -qn -;rie'' U Bryan's--tsria for a lie. ) -koi n.b tsietr.ih.-ad a-: niasqae--fede,'thiit D. Cul's C vca yr cur-s co Lrf r.-.d culls, and s i prev.-n'-a ors j e Is, tiai m ij sudia dsatb. Ko care to sieeuy. , - ' $100 A YARD - : For our heavy Black gr. grt Silks, which- formerly sold at $1.40.. , ' a 1 - A $1-5 A YARD .V For ouiv rich Black gr- gr. Silks, which sold well at $1.75. ' - -; - - A. '$1 50 A YARD , -- .,vt- . -Fornjur supeEb.Blackgr: v gr.r Silks, which were considered cheap at $2 25 per yard.' , $165 A YARDS For the most sublime VQuali4' ty of Black gr. gr. Silks, weU worth $2.25. " ,ia u Our 30 cts; Satins! ; ;Our 30 cts. Satins I Dp not consist of undesirable Shades, such as Crushed Sti-a wberrv and other : we are showing at that price. - - A . , - . - . .rrrr -" . V v'' " 'A ' 1 ". . ' - ' ' ' ' C - - : CUEAIT1, HOSE, BLUE , AJ CAnDWAL. AT 57i CENTS A YARD - : - " ' '""' We are selling Silk Tricotines in myrtle, cord navy & light blue, pinkV garnet, etc. - - y , OUR 55 and 80 CENTS.' Black ALL Wool Cashmeres cannot be . equalled V anys .where. A SPECIAL "REDUCTIONS IN OUR LINE OF FINE BLANKETS. ' . THOSE THAT SOLD AT $10 00 ( $12.00 $15 00 gji? an - V SELL NOW Ar v $7.00 J v $8.00 I $10.00 I $11.00 V . CHARLOTTE. N. 0. - : MAIL OEDEE3 SOLICITKD AND PEOMPTLT ATTENDED TO '''' " , . FOR SALE. K( Two desirable building lots, 50x300 feet,' 0J fronting on South Tryon street, adjoining the property of J. H Carson. Shade trees on lots. Will be so d separately or, together. Price $700 each. - q; r CHAELOTTB REAL ESTATE AGENCY. L, J. WALKES. tt; L, J. WALKER CO., B. K. BBTAN. - ;. 1 7 Wholesale and Retail Grocers ; ' ; IVEW FIRM - NEW GOODS ON the first day of January,18S6,the undersigned entered Into a co-pas tnershlp for the purpose of carrying on a ; . General Grocerj Bnsiness xA At the old stand of . Springs & Burwett. corner Tryon & Fourth streets. We are qualified by long experience, to meet the demands of the trade, and give satisfaction to our customers. . : We will keep on hand at all times a full stock of FAiJlLY SUPPLES, Which will be delivered in any part of the city free of charge. - ,, - - :.mRE3IEAIBERmm V ' " ' .-, -.- ,- ". :;.. - , - -. - i - k f: , . j, .... We will not be undersold In the Charlotte market. ZW There 13 a good wao ysrd In the rear cl our score lor ths bccomm'jUdEloa of cur CjS3- Uiers. "a " L. O. Vii&H'Zi Ci. 00.- .PREDC.UUNZLER: J 'C - - . - - ' - . ' . .. .- - A """" -"WHOLESALB , LAGEK BEER 'r. DEAJLEU ' Alh? ' . ' BOTTLEE, CHARLOTTE, N. O Represents two of the largest LAGE3 BEEB Breweries hi the United Ctites. Xhe Bergner & En-el TXrerrlMs Co., or PnUadelphla, and the JP. & KL GdmfTer Drewln Co9 ot A-Ifeir TTorlc. ; ' . " ' ' ?' - - ... "A- - . A ' THE LARGEST LAGER BEER EOT- TUNG tSTABLISHUENT ; ; I5T THE Cm. :' i. , ; CTOrders Solicited. All J orders promptly filled and delivered frca cf charge to any part of the city. decSOdlf , , - . Houses Rented, lHSe!Jn2?1 wnta collected, la tha cZi -Advertised free of charge. T . : CHARLOTTE REAL ESTATSAGICT. " R. K. COCHRANE. Manager, wM tf . Trade street Frott Central Hotel ' THE LATEST Am ii MO S r IMPORTANT! I iwe are now ranolng on faV time. Furniture manutuctured fcy us Is kept by the ente'rprisa:' furniture dealers to ttls Hty., We make only the best end moetf sufcstatit?ai Id ; the market i;o ' SHODDY GOODS. A&k for goods made by us and you will get the worth of your mcn?y. Our name 13 on esich p!fxe. solicit "the patronage of the Junctf ELLIOTT & HARSH.
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 21, 1886, edition 1
1
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