Newspapers / The Charlotte Observer (Charlotte, … / Nov. 9, 1908, edition 1 / Page 7
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CHARLOTTE DAILY OBSERVER, NOVEMBER 9, 1909. i eople's colu;;.; All advertisement tnserted In this Column at rate of tew cnu per Una Of six words. No ad token tot less than 20 cent Cash, In advance. : WANTKXA, 1, W ANTED 1 Providence or Woonsocket ,i. speeders 7x3!4. Addreas "Speeder,' eata Observer.. ;-.', . ;,:-. ' WANTBI-fVst-elaae male stenographer. Address Own band writing, stating Ml ery expected. Jfc, x. cara Uuaerver, WANTED Permanent position by expert. eased roonr laor stenographer. Urad oaia JVInthroi Collet.. Gilt-edge ' refsr- . oca. ... Aaareus , . w muiroy, , care vo v ".WANTED Position by competent regts- ' tared droggtut. - Reference given. Ad- dress "H. K.,! cara Observer. . WANTED-Flv thousand turkeys ;,hlgh- est eastfpnoa paia. Answer a once. "Ct - W. eara Observes ., ., i .ii i u I IVANTED-ttaleeniaa already traveling. ta aall aa aide una unseed Oil an Paint-Commission exceeding liberal. A4 draaa Uo wi, mionmono. va, - WANTKDt-WO men to learn barber trade. and laxe positiona waiuig eur graa - nates, - tvr weeks 'cempleias, oocmant , practise furnished, scholarship Includes tools, demonstrations, . examinations and diplomas. Write tor" catalogue, t Moler Maroer college, Atlanta, ua. WANTlGD-Tweitty-nv agent from tt to K years j or age,' to travel different States. Mast be strictly sober., end hen- ast, with goad references, single men pre ferred, good pay. Address Look Box lit. sCharlotta..N, C. . v-p' r "' T WANTED-A trial order tor typewritten 1 , letters, at low oost. Can furnish one ' thousand -ta twe hours. Ask tor samples ' ? and prices, aiall orders receive, prompt i " , attentioa. J. B. ' Cray ton Co., . Chsr- FOR 8AUE. , TOR HALHWice automatis water porno, tank and compressed air.outAt. Thad, JU FOR HALE Beoend-haad Uoeler safe, tn good aondiuon, n inches high, u wide, 11 deep inside. Bargain. Jarrell Machinery CO. : h, ..-., ii o.-. -.- -,-it-. OR SALE Twe dairy wagons and all dairy equipments, sows, horses, chick ana, three (arm wagons, buggy and soma -. nousenoid lurniture. . Apply to.,.w' jr Bueild, Bunajr BrookDairy. , ' 5, .s : FOR SAUB-Large aVraam . briok hotel In thriving tawn, located at the Junetioa 1 at two of -tttate's prtnolpal railroads. One of the best hotel points in. eastern Caro ms, owner nas gooo. reason tor semng. cara cnarlotte 1 ooaerver. FOR, REST. FOR RENT Furnished rooms, modern eenreniencas. 17 nouth cryon Bt. i FOR RENT-4-roora heme, new, nwdern. in; e-room name, trnin, aiectno ligbta W. F. C. Ahbatt Ca. FOR BJENT Ope ' newly furnished front - - reonv aul table for married aoupia ar twa senUeinan. Southern exposure, electric : jlghta, bath and convenienses. Address cara ubsarver. FOR 1 RENT Furnished ' room, " modern conveniences, use of Ulephona tad bath "CiaAAXKOTJB. ' 7$. R. KIRKMAN'8 barber shop has tnoy inns it . rmMm w avfl ovaw NO LOST MOTION, no wear, no friction In L. C Smith typewriters,' Tha ever lasting typewriter, i. E. qrayton aV Co, 1 NEWSPAPER and Job plantf Bouthpart Herald fweeuy) ana job printing plant (or eale. Plant inoludea building and property. Cash. Write at once lor ' full particular and Information. . Owner erolng toto other buslnsss. U. C. CurUa, r Southport. , N. C. .- " JOIN OUR Olrla' Club and keep your ' olothea presaeev, Queen City Dyeing and Cleaning Works. 'Phone Kl. 6TRATED OR . STOLEN Black terrier ' ouu pup with three wlate feet, eara and tail clipped. - Handaome brass spike ool )sr. - Reward If returned to No. ta North ' JIAILWAT maM , alerko. 1 -, Esamlnattoa r soon, Preparation free. Franklin ,In ' stltute, ttoobester, N. Ia'V . tTOVNCt MAN, te , fair knowledge bookkp4nr and stenography for light office position, permanent, best references . reaulrad Address "D. TV Obaanrar. TM HIGH GRADB typewriters alwaya tnj , - stock for rental purposea. Tou can gefl what you want and rt it quick fronx J. JJ. Crayton dt Co., U7 . Tryon. ; SUPEEME COUBT OP1KI0NS : j- ,' ,. - Windsor Bargain 'House . : Frank Yendor 3 and Vendca, : Agricultural Uena, First ;Tear'g Crop,. Lien for Second Tear Subrogation, Quaere. PiainUff had ft valid, agricultural usn on dafandanta - eroo . under 1 written'-Instrument containing in ad dttlon, a chattel mortgage on defend ant's mule and cart, Tha remaining erop at tha and of tha year was suffi cient to pay a. balance still awing' by defendant and at defendants request. It - war agreed that ha should retain tha rsmalnlng jcrop, together with tha muia ana cart, te enable nun to hulk ft erop tor tha ensuing year, tha plain US to make . advancements, therefor in ft CArtaia amount Inclusive of that dne for Uia year preceding. Held: It wag competent fof the parties to agree that tha crod 0f defendant then on nana, nna xne muia ana w ui u used in making the crop or the sec ond year, should be considered as ad vancement for that year, so as to constitute a valid lien on the second year crop for Its payment As to whether the party making ; the ad vancernent would otherwise b remit ted fori his security to tha. original lien on taking the .second security, Quaere." ?:- 7 '. - LoarfJrmk ,ys. Bostlck, It N. C cit4 ana distinguished.) - H. T; Davenpdrt m Norfolk ft South . srn ana sarroik gjs .uaroiiaa Kan road Companies."-; . I.' - Rallroftds. Right, of ' Way, Con . strucUon - of, Improper Drainage, jpajnagea. tr-'k" i' --1. ', : ' A railroad company la liable in dam- ages ' for negligently and improperly stopping the drain ditches on 'plain tiff's land, so as to Injure his crop by the -wJUer flowing thereon from his own and adjoining lands, Inci dental to the building and ditching of its roadbed,' thongh the right of way through tolafntKTs land may previous ly nave peen purchased or' regularly acquired oy condemnation pgoceed- ings,j-t;.jj,.i-v- :-',;.- I.' 8arnl, Evidence, Instructions, Accuraulaud waters. In an action for damages to crops, brought "against a 'railroad company, incident to the negligent construction of the company's roadhed. whereby tha crops of plaintiff were injured by the Unusual flow of water upon his wn and from upper and adjoining lands, there was evidence tending to snow tnnt,- prior te the nuwaing or tne roaaoea.' puunun s land was drsinea by a aUBtbar" of lead .'ditches into which ft number 'of smaller ditches on his land emptied: that defendant, in - constructing ' its raftdbad, crosaed aU tha ditchea,' leaving openings with pipes in them for tha drainage of the lead ditches, but closing, the smaller ditches; that for the increase of flow of the Water caused by the dltchina and coaatnlotloa of the roadbed, tha pipes for carrying the. water off In the lead - ditches were Insufficient. Held; 1. The trial judge properly instructed tha Jury that If they believed the ev idence, to award damages in full com pensation for the injury arising In conaeque nce'-of the stoppage of the small flitches; and that the' openings zor tha passage of water through the icaa aiicnee snouia nave oeen sum' clem to allow the .water to pass through,' with adequate piping,; and tne ditcnes properly opened for the passage of the water; 1, That defend ant, had the, right to out .a ditch. when) necessary, from adjacent lands along its rpAdbad across plaintiff's lano; nut, it was tne duty 01 uts ae fendant to havevths leading and lat aral ditches of sufnclenisa.paclty to oarrv ore the aadditionni.auAntity 01 water thereby ,, caused ta . flow . on plaintiff's land.5 5,, -., ;.., . .. ' X prayer for Instruction, that a rail road company, in constructing Its roadbed had tha right to'aecumulate the water which would flow onto plain tiffs lands, and convey the same by lateral ditches in and upon his landa concluding "aad for damages Incident to this rlght.no recovery can be had. Is' erroneous, whsn there, is evidence tending to shew thet-there war no sufficient drainage provided by the d fendant tor carrying it off. Evidenced tJolnlohl "Exoert Testl many upon the Facts. Improper Drains re.- Damage W Crofta Testimony of a witness who has had personal -observation of the facts. and from- practical training and ex- perlencw is quauned to give an opin ion, thereon, is competent to show the damage to his crop by reason jof ana overflow of water on his land oaused by Improper oonstractioh by defend ants of their roadbed thereon, and he may testify to the number of acres in cultivation' of each kind 6f crop,' the amount of each he would have made exeept for'the Injury,, and the Brlce tot whion he couia navo sold IV . BOOMS AND BOARD MrS. A. a. Vasen, U West Bevaaui m.,-p. v.;-.-r )V:. A LAROB, welKesumished life Insurance company has some splendid openings la North -Carolina for men of character and ability who can produce business. Ad - dress with, reierences Box Kg; .Charlotte, AKOTHEB MOtOlUST J?CTjLeI,'' Mr. Morson HfcManaway Oiarred ' V1th Rnnnlng His Car Too last i Within Fire limltsv t ; Z-"' Charred:,.with driving hi automo "r bile at a speed greater thanthat peft knitted 4y law Within the fire limits, , . Mr.t Morson ' JlcManawaf was , last night summoned to be present at re , corder court this tnoming . to' ghow '. cause whr ft f fine Should not be lm,- ' posed.: -"-mX ' - ; A was suted, several day ago -whea' Mr, oJ L. Barrlnger was MpuH 1 d" and later on several , ooanta taxed 1 4St and oosts tha speed laws of the city are violated, not once -but hun-.- drtds of times daily by Charlotte no s torlsta. At ISO per. the ' Barrlngtr. ' fine, if the, ordinance were enforced, a 'snug. little suAS, sufficient to macad . amiza- the streets, and do av thouaaad . - and-one other needful things-even to the 'extent 'f going to tha river for "Ater might be accomplished.: Mr. - pLcManaway.had just bees) to see ft sick friend, who is very ill in Mat- . thsws.."-. . . Cam pan art's Accnmpanlst ft Southern . ' - - , - . t. . When the world's famous baritone, fllgnor Gaiseppe CSmanari, appears at the Academy of iluaio Thursday evefilng,. November 19th, he will be assisted by MUs L'ori Clarkson, a celebrated pianist M!is Clarkson is Southern girl, who has spent the e-feater part cf her life in Europe. She studied With Alfredo Earill, in Atlanta, Oa, and later; -with liafael Josseffy in New York.; And at the sire f 1? ahe si one of the five out of fifty-five applicants to be admitted to the Royal JHnh hool of Music In Berlin.!. Shortly sfterwurds t,e zap her Studies with tha oi..l-i' -inous planiste. Teres Cnrreno, with whom she wss mol Intimately as r :ated for vcra.l yeaia. W. R.-Cbiemah, alRoad Commls- ' stoner vs.- J. Lr Colemenj 1.-County "Treasurer,7 - Mandamus "to Compel . Statutory Tuty; 'Na "M6n ' ylemahd,VJaridlctlon,l''Cham-bera.- 4-- , , " An action of mandamus to compel ft : county taSUTer to-'- payi over- to commissioners- certain moneys ho nas on hand,tn- acoordancawRh4he?re qulrements of , :.a statute, is ' hot ft money ' demand, and4' IS r ejroperly brought " before the judgo t cham bers; 1r , -t f 2. ' Same Issues of Fact,-, procedure. - If it appears, In an action for man damus, heard at chambers, to compel ft county treasurer to pay over certain moneys on hand, la-accordance' with a statutory requirement, that Issues of fact are Involved or that the oase has been improperly brought before the judge- there, it should be trans ferred so as to b tried daring term, and not dlsml&sed- " I. County Treasurer, Funds, Rightful Custodian, Mandamus, .? 3 C - A aounty treasurer, required Ay stajt nt to -pay accounts against the road fund under certain machinery provid ed for. tha purpose canoe t , b oom- r ailed by mandamus to turn eVer the undt tea road commission,, as hy the language of tte statute, he Is the rightful custodian. v- 4 n,!. ; 4." Appal and-') Error, ; Fleftdlngs, j '- Amendment, Discretion. jf - ' The refusal of a motion to be ftW Ibwed to amend pleadings is In the discretion Of the trial judge, and hot reviewable on appeal. ' : Action heard b o. it. Allen, judge, at Chambers la .Warren, nth Fea-i ;ruary, lsOI. ' -rv-, :J Straus Xluftst Company, vs. T. O. ft. ; Sparrow Co. - . , - . -. Fartnerahlp, Betlrement of Part-1 r. Notice, . i i? In order for an estensible'or known tMrtaer retiring from ft firm to escape future liability as a member thereof u . creditor, who had 1 ad'anced credit to the patnershlp, ectaaf notice of the retirement must be given, or the et8tnee of such facts must be brought home to .the creditor ss would put a person of reasonable busi ness prudence on suck enquiry- as would lead to knowledge of the disso lution or the retirement of the part ner.. .".'-..-"':, . ' 1 ' 5, Satne.'QuegUotis for JTury; -r V X'pon the uuestlsn of notice to ft creditor of Ijvrtnershlp, residing at "ft distance,, of. the retirement from the f.rm ct one cf tha parnerAi whereon deppnds the Uanility of the retiring partner for a debt Subsequently con tracted with the creditor fcy the part nership, publication of notice ia a lo cal paper is not, as ft rule, recognis-1 ed ss eumcient, put wnen it is runn er snown in evidence that notice was I thus oubUshed for :0 days, and that a copy containing the publication was I sent to the creditor," these additional I facta, while sot conclusive, would pre" I sent a case for the consideration of i the jury- on the-question of notice. X. Partnership, Betiremeht of Part-1 net, Notice, principal ana . Agem, 1 -Knowledge of Axenu ' V Knowina of tbe.axeht of facta re lating to matters within the scope of I nis agency, ta knowledge ex tne prtn-.i ctpal; and whsn ft. sales and collection I agent haa been Informed of ft retire ment of partner from the firm, and thereafter, i at any time, advances credit to it, -the retired partner is re lieved of. liability therefor. (Cowan vs. Roberts.; 118 N. C- It. eited audi (lUrynguished.) . Eureka Lumber Company vs. John R. MarrlBon ana J. H- oaen. ... ;.. t. . Judgment, Nonsuit, Appeal Pis- ; missed.. Action Within One Tear, Where there has een a judgment of n.onsuit snterod against a plainus upon- tha evidence. and - an ' appeal taken to the Supreme Court which waa not duly prosecuted, and was dis missed under rule 19. the Judgment tn tha first action is not ft bar to the! second one, and tha plaintiff may bring another action for the same cause within one year after the appeal in the first action has oeen airmissed This is - clearly so if an additional cause of Action la stated and no proof .nn.u. y . r '-r -: ' ' Action heard hv f.von. luda-a Msv term, i os. 01 Beaufort, plaintiff ao peaiea. . - ' 0JlA;i..lfft',B4wftr4 ChappelL L Plea in Abatement, Mature of Plea. In pleas in abatement the facts upon which the Plea rests must be I stated -and present matters which will t a,... 1 .. ... 1 oeteat tne runner prosecution or tne 1 present Acuon. ir -proven pr admit' I Same,' Efteet ot " An abatement of a suit Is a com-1 pleto termination of It at law, and the I abatement of the main action abates I proceedings ancillary or collateral to 1. Plea In Abatement, Relief In Former Action, When Granted. When ft appears that tn ft former I J:ls ' rJahcoVour rnomo Complete lots the Luddea tt Bate Piano Club and fill that vacant spot ia yow home that fsftf to be ocenpied by a piano, . In 00 ether wav can vou secure so much pleasure for ao little cost. 1 V Our club plan of selling one hundred pianos at a time Instead of one, saves ail the ordinary expense ot piano sailing eaves ft U3 la eaihy gives, you ft splendid $400 piano for $367, and allows vou the , use of it wtilo pavins; for it ia little monthly sums. WORTH; CAROLINA WHISKEY CORX OB BYE rVBXIBJXEB 140 YEARS The Ludden: & Bates x New it ah Instrument ,thst you will be proud ot It it a full cabinet grand. mads pertect by the hnett material and worknuutship, end guaranteed byusiot alife-fJma Hat that peculiar, rich, 'singing" ouality of tone i mmi wmlii 1 in am ess found only In the highest grade of pianos. COL. JOSEPH WI7.1JAMS. of JRwvolntlonafrv fasaa. eonunaaceA lit I the manufacture of Rye and Corn Whiskey, and ever steee then the men- uon ot -uid Aick Williams Whisker made ovary Booth CeeHIamaav. smile. Nearly three years ago tha prohibition Legislature of Kortfc Caro- I Una atnnrUhf t tf m-m.am 4-. h- Kawa k am 1 .i- . off oar stock. The demand being greatest for cheap whiskey, ws said out all the sew loog ago. and now have ewly Old Mock ta offes', aad it ' ranaft go. as the DrohiMtiowJst have connecafed the hsissins of ear sron- erty. It has uatarad la wood, while stored la Ooverament Warehouse for ; many years, right here on the same plantation., where tt ha been made by -fovr (4) goneratiome In the Wllllame Family, and nowhere else la there , such a. atnek ttt flim aIA itJ-fc i it .M-ui a m 4-a tt comes out of the Oevammnit Warehouee. It must go, and row saost be ,. sfttisOed, or your money wiU be refunded. . , ( - i - aVTaaae aWa.U ejnrfMTrtfwei If I M SV - .e.e.A. -V BafereaoM m to u STANDING aa4 OtH GOODS. : . 'rr'K " JUS Bank In North Carolina. NorOi Cttofint CamMMUMi ftn4 aUttteM. I as aft esautl SI SB SktfkAf I3r aa as gfllflea laa aa! V m. s-VV1 Otft Wk .trvft rsYfVTJsVwirt w wwss ww m.w vuiviaia, siuil Wi W'JatfUlVss fTVI JgAWsia'iaUaA' 'i fUcnit by Postal or Kxproas Money Order, Registered IwUer wttb Carrestoy or teanpav OsAaaWs) CbaclkA iMy:-;n'Kf PIMNO Incaasof ths death of the head of the family, the club contract Is cancelled, and the piano oolongs to the member absolutely, without payment of another cent. Write as at oaes lor aa application blank asd eesiBiete eescfipftowof dlfieren t stylee of tiUh. Is this way yea aa saake a setectioa that will delight yo. Voacea leave the eaaaiioa of toae to as., we will ace tkat yew get a perfect laatro sieat. A well made, attractive stool ssd a bess tlful scarf go with each piano. Write for fan iafomatioa ef the club that ia aow fomiag. ujoiuji m um, ms iihis nmt nsssa. - T . vepi. aa , dsvaaaaa, ua. it Aafl I PREPAY EXPRESS CHARGES ?.fL 1 '' ' 1 "q Jl. -.J! Jj ft ; Old Nick's Tea Wr Grade lioS "lofjf io .fco iAo "Ttt Old Nick's Tweiva Year Grade. . ... . , U.30 e5 d.I5 11.65 735 4 00 Old Nlck'a RotUed In Bond -.. . U.oO S.ta 4.15 tl.o 7 .go 4 15 ?,d. ?r1VlUi,St0;k J0"o .14.f5 t.4f 4.S9 Old Kick's Applo Brandy , . , U.75 g.SA 4.40 H.Jft g.so 4 85 Old Nick's Peach- Brandy.. .. .. .. t . 14.5o( t.75 4.P0 Id.ftOf aq 4 ho collection of his money and the en- foroesnesk of his security till the debt- suit pending between the partis the or thus adjust - their llabllltiee be- same relief can bo afforded as In the present ' action, .the latter action should be dismissed; and it is Imma terial What the position of the respec tive parties on' the record In the two suits may be, whether plaintiffs or defendants, if full relief can bo had in tne action nrst . commenced. 1. Same, Partnership, Dissolution. lift aa action by one partner for dissolution of the partnership on the ground that ha had bssn denied par ticipation ia tne profits and his part' nar was mismanaging the Arm's affairs and converting Its assets to his own use, the ..answer of the partner, al leged the pendency of ft prior action against the firm, brought by a credi tor Of the firm, in which,, by answer, no, in enroot, demanded an accounting and t dissolution and division of the surplus.' All the parties to the former action agreed to a reference, including tne tauag and tween themselves; 4. The restraining order was properly dissolved. Action heard by Lyon. Judge, on petition to dismiss ft restraining order. May term, lsOI, of Beaufort. Plaintiff appealed. . John T. imlth va. Caebie dt Chowan Railroad and Lumber Company. 1, Appeal and Error, Costs of Superior court; Final Judgment.,' With but few exceptions, as. for In stance, whore continuances are grant- ad upon- agreement ' of party to pay preceding costs, the costs ot the Superior Court follow pnal judgment. z. same, successful Appeal, vosts aa Offset to Final Judgment. Tran script and Certificate,' , When plaintiff reeovers final judg ment In the Superior Court after two successful appeals by defendant, tne coats of ail the trial in ' tha superior statins of An account I Court should be taxed axalnst ths OS' between the defendants therein, with J fendant, but It ia entitled to offset leave to file and amend pleadings, eta I against the final reoovery all the costs In the present suit the Judge in the I properly paid by it on Its successful lower court passed -upon the answer j appeals. Including too transcripts and ana evidence in in iormer suit ana 1 certlftaAtaa. 1 .found them to; bo, ft stated. Held, ,1,1 Motion to tax costs, heard by Wi ft. ins pie oz former sun by answer in r Alien, fudse. who found the facts by this action W8A A TjroDSr idea: 1. ThOlAnaant. Navamhar term. 1107. Of Lpraun in uut action can oDtain tne iBertlft, Defendant appealed. '( have the necessary ftnolllary ramediea wnion may be reauired to protect his interests pending the litigation,- by proper, Application to the oourti S. It I Wfts error in the lower court to over rule tha defendant's motion ta dismiss in this action, r I. Plea fp Abatement,' Action Dlsmtss- ea, Discretionary powers of Trial judge. Nv,C. Hughes ot ftl vs. HL R. Crooker. V Contracts, Conditions Precedent, ' A .... .1..'' When promisary note Is given m pursuanca of the term of a wrtttsn contract, evidence can be Introduced of ( ft contemporaneous oral agree ment, made as ft part thereof, to the effect that the not and contract were exeouteov and given upon a condllon When an action : ta dismissed unon I n,u.t ,-! MiMitv. whiih haa fo rar acuen wnerein tne 1 not been penormoa. TDM OSes not full relief demanded can be had, it la I vary by parol the terms of the writ- in tha discretion of the trial judge to I ten Instrument' but " postpones its stay further prooeedings In the present operation unUl the happening of the action until an opportunity Is given to contingency. - : t. Bamo, Evidence Suffloient. ' When the defense, in a suit Upon ft written instrument, ia that . It was agreed y plaintiff's agent that the transaction was to be regarded as in complete until the agent had done a certain specified service, evidence that the agent told defendant that he was absolutely safe for the contract waa not to bo regarded" aa finished until he, the defendant, signed his sat isfaction thereon, which was to ' be inco of the conoi- was eati iumim iim dats in nmtwm araaau a nwTTn smsJa - v a . . , Goods slilppsd h dy Hmr ordtr U feimd9 and prompt doUvorr ffuaran- " I avaw4 Oaavtat In wAtiw awlatvai amAaan e 4 a. . . ' fj) a Aufust 27, 10$, KICHOLAS GLEX WILTXflMS. 1 sOeaak4lta.aaift A S? . . rIJ evTi wwrsaa " ? . a was a saas vr itiomglle) Ks o. - r n r-r arnnm rtaav an i wrtii gnfui nab a 'aa smii saea vaahi. r a avx . wwaa TOO. Ws will ship to Richmond. Vft- and then it can be reshfnnt there, but you must say whether we shall ahto direct ta van n ,. '. I W.thvnani1 1 Va K wm.. ll I- mta. t.iiM M . . dry. and yoa must tell me, ---., , k.-.-v .' Every North Carolinian should feel, a nrida In his nativ. at ..a ,- products thereof, and ahauld want annsa at thla old itnnk n n -. ; wMiBg sya wnisaey. :;K, s, . " :'V-'iV; gftrd to the disposition of the purchase money. ,t The oase was inadvertent ly dropped from the docket by the clerk, and, at subsequent term,' was reinstated on defendant's motion, the judge finding that th administratrix lauea to advertise the land as direct ed, but had siaea then made a deed to plaintiff upon payment by him of purchase money. Held, 1. The judg ment. In effect waa to declare the holders of the legal title trustees to scours ths purchase money, the aam result would follow, upon equitable principles, and her deed would be valid. ... . J. The decree of sale of tha land as made ay the court waa a proper one, aa the relation of vendor and vendee, under suchxondltlonav is, for all prac tical purposes, that of mortgagor and mortgagee.:, . . . SIDEBOARDS correct the record la the former suit so a to embrace further matters set out. In the' present suit, or he msy dismiss and require plaintiff to start anew arter having the record in the omer suit amended. i Action heard 16th Mav. 1 101. at Chambers, Klnston, lienotr county, by O. H. Allen, judge, v ... W. p.. Robertson va, , AtUntlo Coast una Railroad Company. Penalty Statutes, Carrier's of Goods, Benefit bt Shipper, Party Aggrlev When the eonslrnea ahlna vnnda to be aold for his own benefit he is ths "oarnr arsrievv.- nnaar Ravtaai km- tloa tilt, an was the proper party pwrnurt, iteviaai, (section tea. t, Penalty Statute Carriers, of Goods, ' Suit for Damages and Penalty. Merg- uoon the performai tlon. Is suffloient upon the question as to Whether the contract was . made upon that condition. I. Contracts, Conditions Precedent, Breach of, Negotiable Instruments, Payment of Note. Damages. " A holder of a negotiable Instrument, who - has violated hi agreement with th maker by negotiating It without performing - of ft condition precedent to Its validity is liable to the' maker tn such sunt as he may have lawfully been compelled to pay tnereon to an SEND US ALL TNE FAMILY WASHING i - . . , .'. We wash it ail better than 'you eould-better than ft washerwoman would oven try to do ftl ' ' Well get the white clothes clean fthd white. ,' We'll wash , the colored slothes without fading them. We'll wash the hosiery and underwear without shrinking it, and we'll return tt to you free from lint.. 1 , v . Tou'll llks the prompt, eer- Uln service we'll give you, too. ftaHcM Stcanj, laundry ' tattmdfsrorg,' Dyers, ' Cleaners, t Sonth Tryonv St. ; AND BUFFETS Vtr?l' ,aS- - ..' .. ,VV f i . 4 V. '. ftS.'lT' Among our late arrivals la Furni tufo'for the fall buyers are soms very handsome Sideboards and Buffets', la ; Early English, Golden Oak and Ma hogany, ia thla line are soma 'real fttohy values la Golden Omk k nd ' Bftrly English Buffets from Stilt to tts.H, especially suIUble for light ' housekeeping. - . v - ;' " For those .'hayina large ' dininc rooms and who want heavy,, massive , Sideboards, we ar attowlng soma very - Imposing; Mission and Colonial designs In Golden and Early English Oak ftnd Mahogany. .', V, T. f IcCOY GOHPflNY ' - ' TUB BOMB PCTUnSHERS. : , . ' ,' ' of ths Dllworth Floral Gardens, have opened flower store at No. 1 South Tryn fttreet. Call And see our selection of cut 1 flowers. Cut ; Flowers, onaai jsouqaets ana jnorai oosigna a specialty. . Decorations soUcited. ,, uaroens -pnona yoo. ' V; ; Wn ftU tU 'DllvortHMFioralWG Fresh Cut GiirnonSj and Roses Every Day iNew toported Mbs Just- in at f I? i ; SUGA . v . t . -;J. f -. THE FLORIST AttM XortH tnmi: : t' Joinder of Action, Contract. M Art action for damaged ftaalnst ft carrier, for a lost shipment and one ror tn penalty given by Revise, Sec-1 Innocent purchaser for value, without uon sees, uo not merre jnto eacn i nntiea. x . wren iu7 arise on coniraot ana may I Acuon mod oetore , xi. Alien, juuge, be Joined In the same action, Revlsalland a jury, December term, HOT, of , .... ... .... , .. , i ..- ."i '!..--v...:.'. i neauiort. t. Penalty Statutes. Carrtara of Gooda. I - Awrenso, Burden or proof, Evidence. I Natnaa Simmons vs. Tne Denance box The burden of prwof Is tm the car-1 - . company. rler to-show- that it ia relieved of the penalty prescribed by Revise!.: lilt. under the provision thereof . that the gooda were ."burned. stolen nr . - de stroyed.- The facts that more than one carrier . nanaiea smpntent on 1. Summons, Judgment.. Improper Hervjoa. Motion in tne cause. - .: A motion to set aside ft judgment for lack of services is ths proper pro cedure. and tt Is tor the court to find the facta and correct the record through bill Ot lading, that the eroodal to aneak the truth. Tf. as ft fact, there were placed In defendant's car by the waa no proper servle. or appearance. Initial carrier, that search had been the judgment ia void. - ".,!5-i7;fcWltJ.OUl V' hm 1. ' Procedure MoUon to the Causa, thorough, and the absence ef evidence Direct Prooeedinga. ihViS. 4"' "2 'A motion ta th causa, when appro. eAfi-5 ' r to,e Pft 1 ft direct proceeding, . . , 1 Corporltloaa, Summons, Service, Of estroyed." r-J; 4. Penalty Statutes, Carriers of OOoda, Action ror penalty, r orm or. . - tlniiap RavlaaL UfM inn ftli tka la. tlon for penalty la given direct to the party aggrieved, and .will not be dis missed because not brought "on rela tion, of the state.M If .otherwise,; it would ' be a mere Informality which could be remedied by amendment' ... Action heard W W. R. Allen, Judge, who found the facta by consent. No vember term. 1907, of Bertie. Defend ant appealed.' ,-- .; ' .. .. ; Eureka lUimbtf Company vs. . J. I Batchwen, ot ftl; . r. . Mortgagor and Mortgagee, Asslgnse of Bond, , co-principals. ,f Debtor . and Creditor, Subrogation .and Contri bution, Restraining Orders -. Ques tions tor Jury. i. . , . ; v - - E. fthd W, executed their bonds to S.,' secured by mortgage on two tracts of land held by each' n 1 severalty, which was suhnqoentty awtgned to defendant M. W, conveyed his trtot to plaintiff, and It was sold under foreclosure and purchased by defend ant O. The plaintiff obtained a re straining order to prevent payment of tne purchase price and .completion of sale, on the ground that E. and W. were co-principals and that as tV. was Insolvent it la entitled to be subrogat ed to his rights, and to contribution arftlns E. Held; 1. Contribution can rle only after Bvmnt by one of the debtors; t. Whether W. can recover out of E. I a ouestfbn for the jury: i. The mortcaee Or the scenes of the bond, cannot be required to defer Foreman. Proper Officer, Service of summons en a foreman of ft corporation, who acts under or ders of superintendent who Is pres ent at the time, Is not upon person on whom valtd aervice tor a corpora tion can be made. ' ; - Motion by defendant to- set aalde judgment for want of service, heard k ir a , a ii. v.hM,n . . . V. . 'u, . u u n , . ' m term, 1 0, of Crtvta. Motion denied. .PiainUff ftppaaioa. ;yv4-.;j Joseph E. - Jonss vs. AIllo Jones, Aunt ot ai v -s-w . I. Contracts, tanda, epoclfto Perform- anco, Equity will Enforce, when. While specific, performance - of ft contract to Convey land. Is enforce able ontv in the aound equitable dis cretion of the eoutt, and not aa a mat ter of tight. In the absence of fraud, mistake or other, element making such performance Inequitable ot -ft hardship, the courts will always grant ths relief demanded, ;?,- a i t-rt :.- t. Fume, Administrator, Morgsgor and Vfortgagee, Vendor and vendee. . Pinintiaa m an? action to enforce specific performance of ft Contract to convev ianda, made by deceased and his wife, brought suit against tha wife as executrix ot her husband, and ob tained Judgment that.tho administra trix execute and deliver ft deed to him upon payment of the purchase money on a specified day, and. In default, th land be sola st public, auction, for - Tou Cannot afford to mix an Inferior sugar with ISc. coffee or toe, eggs. Tou know what you are totting when you get it from us. We attend no old boas; sales -for our stock but buy direct. " A Russian Bowl for our oustomsrs tsj-oftjr.. -. . ,,-.-, Phone No. lilt or nil, To buy town. -ft omrort and Joy. Wft BftVft nttttr yotu'ather i'-. tas' -burner,: ft hot blast, aa, oak rotova. or 7ny stylo.; for aVal.) ' . wood r oil trt us show jrou. '" -t .'" . . tA. svs . v-.-5 . i f - - ... ....., .'.:' t, . '; i :-' MI Soaih Tryott.''. v . - T- 200 good horses and mul I will .be at Wadswbrth stblesI axd Sdj uui aiiu Ule SElBlI This ad. advertises POUOltA W the ' place where frees And Sowors are prod need to perfection. Speak of POMONA and you have the truest synonym of the beet of everything la TRKES and FLOWERS. -J - W are-calling your attention par ticularly now io our CUT FLOWER DEPARTMENT, where we are pro ducing particularly Mee dowers for particular people who demand ths very "swelleet" la ' loose cut flowers, Brides Bououets. Designs etc We wiibi the mum fi " ' i "I u jxm jou uumv mga -v quauty " u m 0 r 6 w 1 . . , i Ala da, aa " -1 - - " . . f "a"' f t "-:- - A v ; econoiiuuiu uaou iow pnees, uxea you wiU ' ejriiVto sstc 'In earnest VfrV ;Tc : our prices are al "wavs backed hv ttSa. best of Hish-aradQ Goods, . and: tou cin. blrcotna iAe a tsniml ..n for erery dollar yon leaTo V7itA us, whether Itfafor-,r.N: ,rsv: '" ship to ail points.- r writs, telegraph cash, etcu naming a oommlxgloneri I wV VAN JUIXPt JFIT VtRSERT CO. also, that ths causa baTetalned in ra-l . ' - - Pomona. N. C :S ... J .'-.XcX a ' " . I ' lr.iil JIattings. -, W- v. r .a kCt0TM.cr. 'JXUajea.-'. V ' "We can furnish" your homo from kitchen to parlor. - Let ua hare & chance at your , next furniture want s i:Lubin Furniture Comp.m;
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 9, 1908, edition 1
7
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