2
SUPREME COIIR I' DECISIONS.
A Digest of the Opinions Handed Down
During the Past Week.
Repo teil by Perrin Busbee, Esq., of the
Raleigh Bar.
M. Pretzfekler & Co. vs. Merchants’ In
suranee Co. et al. (appellants) front
Guilford county. Opinion by Clark, J.
1. Where the plaintiff was insured in
several companies, the contract with
each containing the provision that the
plaintiff’s right of recovery against each
wa* limited to the proportion of the loss
which the amount named in the policy
of each company should hear to the
whole amouut insured, it was not only
no misjoin ier. but essentially proper
that all the companies should be made
parties defendant, such joinder being
within the purview of the Code, sectiou
267.
8. When arbitrators, or a majority of
them, fail to agree upon au award, the
plaintiff (unless ho is shown to have
acted in bad faith in selecting his arbi
tration) is not compelled to submit to
another arbitration and another delay,
but may forthwith bring his action in
the c >urts. No error.
Duncan M. Williams vs. The Southern
Bell Telephone Company, (app-lUnt)
from New Hanover county. Opiuion
by Parches, J.
1. State courts have no right to en
tertam or consider a motion for removal
based upon the ground of local preju
dice.
2. When the term of the court ended
April 20th aud the d -fondant's petition
and bond for rein )val were filed June
14 r b; Held,
That by such delay the defeudaut for
feited all rights it may have had to a
rem aval, aud the court 10-st its power to
make the removal.
j Distinguishing Wilcox vs Insurance
Company, where au order of the court
extended the tim* ].
a. Where, in an ac’ion for
damages caused by the negligence
of the d< fenda t’s alleged servant the
plaintiff testified as io a statement
made by C, the general manager of tne
defendant c >mpany some m >»ths after
he received the injury eomp’ained of,
that “I found out afterwards; Mr. C,
told me that the darkey was one of the
company's servants, working for them at
the time;’’ Held, that ah hough C was
general manager of the defendant, he is
still but an employee, and not the de
fendant. and any statement of his was
a d a part of the rts ges'ae but hearsay
an i incompetent.
4. As the admission in the affi lavit of
the defendant are not equivalent to the
declaration of C as testified to by the
plaintiff, and where the Judg - in
ing the jury did no' refer to the affida
vit in auy manner whatever, but called
the attention of the jury * specially to
the declaration of C; H Id, that the
error in admitting the declaration of C
was not cure *, a d the probable influ
ence of such charge and declar tion
■pon the veroict of th- jury entitles the
defendant to a new trial. Error.
T. J. Jarvis vs. J H. Vanderford, (ap
pellants) from Pitt county. Opinion
by Furctns. J.
In an action for the possession of
land, the defeudant offered in evidence
a paper writing purporting to be a copy
of the will of one A. which was signed
by “Richard Evans, Asdstant Clerk ’’
It was admitted that, Alexander Evans
was Clerk of the Court in 1818, and t
Richard Evans was his deputy. The
defendant then proposed to show the
said copy to a witness, who was not
qualified as an expert, and who ind
never seen Alexander Evans write, and
admitted that he di i not know his hand
writing, but that he had sem cettam old
papers said to be in the haudwriting of
Alexander Evans, and ask the witness
if the handwriting* were the same;
Held,
1. That it was not error to ex lade
both the copy of the will and the testi
mony of the witness
2. That evidence that Alexander Evans
was clerk of the court in 1818 aud that
Richard Evans was his deputy raise* no
presumption that they were in office pri< r
to that time in 1808, the date of the al
leged probate of said will.
Judgment affirmed.
D »niel Blue (appellant) vs. Aberdeen
& West End Railroad Co., from Union
county. Opinion by Montgomery. J.
Where the Judge instructed the jur.v
“that the defendant could only t*- re
quired to provide against u*u*l and « rt i
nary weather, aud if the jury shall find
that the wind which caused the escape
of the sparks and fire was unusual at d
extraoidinary, and but for the unusual
and extraordinary character <f the wind,
the sparks and fire would n t ha'e
escap'd from defendant’s engine and
would not have been communicated to
the plaintiff's premises, the d-fendant
would not be gudty of negligence a< d
the plaintiff could not recover;’’ Held,
thatas the testimony as to the ra’ure
and kiud of the winds was variable and
conflicting, there should have been some
explanation as to the meaning of the
word* ‘-unusual and extraord nary” in
connection with the testimony < ff red,
so as to have presented the question
whether or iot this wind could reason
ably have been anticipated and expected
by the defendants in the climate and
section of country in question The in
struction is all right so far as it goes bat
the language u.-ed is too general New
trial.
Josiah Turner vs. G. Rosenthal, (ap
pellant) from Orange county. Opin
ion by Montgomery, J
1. Where a plaintiff seeks to recover
damages on account of defendant’s al
leged negl gent aud w lful failure to
collect as receiver (ipj o nted in sui ple
mentary proceedings against one S
and others) a certain judgment which
came into his hands as such receiver in
favor of the plaintiff and egainst one
H, ana the plaintiff demurr* d to the
motion of the defendant for judgment
on the ground that he recovered in a
former action instituted by the plaintiff
against the widow and administratrix
of H to recover said judgment out of
the assets of H’s esiate and to set aside
as fraudulent a transfer of certain U 8.
bonds made by H to his wife estooped
the plaintiff in this action ; Held,
t That the above record a* set up by the
defendant in his amended answer, con
stitute* no estopp -I against the plaintiff
as the defendant was not a party to that
suit, but that such amended answer
shsll constitute and be considered as
part of the pleadings. Besides the plain
tiff alleges that there was other property
in addition to said U. 8. bonds which
could have been reached by the defend
ant as receiver.
2 Where uj>on the above ruling by the
court below, the plaintiff moved for
judgment by default and inquiry on the
pleadings; Held, that such motive was
properly over ruled. No error AtUrmed.
L. V. Grady vs. The Richmond & Dan
ville Railroad Co. (appellant), from
Duplin Co. Opinion by Clark, J.
1 Service upon the receivers is service
upon the corporation, as fully as if made
upon the president and superintendent,
whose duties they are temporarily dis
charging as they come within the term
“other head ot the corporation,’ Code,
See. 237, and a service upon their local
agent is merely a substitute for and ha>
the same legal effect as a service upon
them personally.
2. The Code, Section 200, contains no
exception or discrimination which re
quires service of summons to be made
as to railroad companies or their re
ceivers, more than ten days before the
‘ term.
8. The power of the Court to permit
the sheriff to amend his return, both be
fore and after judgment so as to make it
j speak the truth, is finally settled.
Judgment Affirmed.
Electric Hitters.
Electric Bitters is a medicine suited
for any season, but perhaps more gener
ally needed in the spring, when the lan
guid, exhausted feeling prevails, when
the liver is torpid and sluggish and the
need of a tonic and alterative is felt. A
prompt use of this medicine has often
averted long and perhaps fatal bilious
fevers No medicine will act more surely
i in counteracting and freeing the system
i rom the malarial poison. Headache, in
digestion, constipation, dizziness, yield
jto Electric Bitters. Only fifty cents per
bottle at John Y. Macßae’s drug store.
A Catholic Missionary Honored.
Washington, D C., April 2.—Arch
bishop Sarolli, Apostolic delegate, to day j
announced that the Pope had conferred !
on the Rev. Joseph A. Stephen, of j
Washiog’on, the rank of private cham->
; berlain to the Pope, with the title of j
Monsignor.
The occasion of the announcement was j
a banquet in honor of the feast day of j
Mgr. Satolli s patron saint, at which j
: celebration Dr. Stephen and others of'
the local Catholic clergy were present
The title of Mousignor was conferred
upon Dr. Stephen in recognition of his
services as a missionary among the In
j dians and his efforts to promote Catholic
Indian schools.
Don’t Tobacco Sp«t or Smoke Your
.Lite Away
I is the truthful, startling title of a book
about No To Bac. the harmbs*. guaran
| teed tobacco habit cure that bracts up
I nicotinized nerves, eliminates the nieo
• tine poboD, g vts weak men again!
j strength, vig >r and manhood. You run 1
no physical or financial risk, as No "Io
Bac is sold bs John Y. Macßae under a
guarantee to cure or money refund* d.
Book free. Address Sterling Remedy
Co . New York or Chicago.
4 OOSE 0F BROMO-SELTZER,
TA “ SBEPOBt BREAKFAST
—BRACER IINVIGORATOR
preparing TOR MENTALLY “ D PHYSICALLY ro ™ AY ' s
Trial Size, 10c.
I 1875 1894 |
E. F. WYATT & SON,
Saddlery and Harness Manufacturers.
TWENTY YEARS OF SUCCESSFUL BUSINESS.
f*» i | /•% »— ■ » r-» r~ ||| BECAUSE OF HONEST WORK
SUCCLSSrUL AND HONEST DEALING.
Lap Robes, Horse Blankets and Turf Goods.
Upon this record we begin another autumn season and ask for the continued patron
age of our friends end the public.
Our specialty is in making COLLARS for wholesale and retail trade and we defy
■ all competitor* at home or abroad, in this or any other department of our business.
E. F. WYATT & SON
109 East Martin St. Raleigh, N. C.
Uses
Mexican Mustang Liniment j
Ora his horses, on his drivers.
E Gentlemen.—Having bcco Mexican flustanT l.ini
ment extensively advertised here induces mo to tell you
how useful It Is to persons In the livery buslnoss I have
used it for the past 18 years on my horses for almost every
thing that horses are subject to. For sprains and stiff Joints
Ido not think It has an equal, and for such things as
harness galls and rubs it is wonderful.
I onco had a very fine driver who was thrown from his car
riage In a runaway and so severely bruised about his shoul
ders and breast that I did not think ho would ever be able
to get on a carriage again. 1 remembered, however, what
Mexican Mustang Liniment did for my horses In case of
bruises and had him use It constantly, and in about two
weeks he was its good a driver as over, and not an ache or j
1 I know you must get tired of receiving such letter, but
I thought I would add one more testimonial to the useful
ness of Mufltang Linimont. Yours truly,
’ V Y?/ ' For Ift year* in It very and Transfer business,
i
The News and Observer, Thursday, April 4, 1895.
Bl
1
Pl’hlchmtcr'i En*ll«h Klamond flrand.
ENNYROYAL PILLS
Original and Only Oenufne. A
y- safe always reliable, ladies a«k \
f»S\ Druggist for Chichester * English
manii Brand In Ked and Cold metallicX^w'
—T’rp'yWboxe*. sealed with bln** ribbon. Take VKf
vvS no other- Refutedanyerous mihstitu- v
| / Ijf tione and imitation* At Druggist h, or
I W Jv in stamp* for particular*, testimonial* *n<l
\ Tf* 8 44 Relief for Ladle** In letter, by return
—\ If Mall. 10*000 Toninioniali. Name Pap'*
by ail Local Prnggtata Pkllada., !*•*■
JAMES C. McRAE. W. H. DAY
McRAE & DAY,
ATTOUSEYS AT- LAW,
FISHER BUILDING, RALEIGH, N, C
Practice in Star*- and Federal Courts.
JAMES E. SHEPHERD. CHAS. M. BUSBEE.
PERRIN BUSBEE.
SHEPHERD 4 BUSBEE,
ATTORNEY'S AT LAW,
Pullen BuildiDg, Raleigh, N. C.,
Practice in State and Federal Courts and
wherever their services mav Ire desired.
S. A. ASHE I
ATTORNEY- AT-LAW ,
N.C.
ENDORSED
FOR
Quality and Price of Work.
* - • a. a
O
Read the following from Mr. N. E
Johnson, dealer In Dry Goods, Boots
Shoes and Groceries, Warrenton:
Wakkknton, N C., Jan. 9, 1895.
"Messrs. Edwards & Broughton, Raleigh
North Carolina:
Dkah 8lIiS:— -I cnclosecheck for journal
It was a most excellent job and two dol
I" rs and fifty cents (42.50) cheaper than tin
same book was bought in New York. 1
will give you more work.
Yours truly,
[Signed] N. E. JOHNSON,”
We have scores and hundreds of such
olnntary and kind testimonials as to the
haracte*- of our work, and the reasonable
charge we make for it.
We use nothing but good material and
employ only skilled workmen, and hence
turn out, no slop work.
BSP*If you are In need of Printing or
Binding send us your order.
Edwards & Broughton,
Prlntersand Binders,
RALKIGH. N. C.
IC E.
We again offer from the
Raleigh Crystal Ice Factory
Ice of best quality and at lowest prices,
in Raleigh and to near by railroad points,
Ice now ready for delivery in any quan
tity.
Jones & Powell.
Pocahontas Steam Coal
is ahead of all o’hers in quality and
prices.
Jones & Powell,
Raleigh Agents.
For Grain, Hay, Mill
feed, Shingles, Laths,
Etc., call on
JONES & POWEIL.
RALEIGH, N. C.
________
l J, GROWN COFFIN HOUSE.
JNO W. BROWN, Proprietor,
Funeral Director and End-s'mer,
Ralkigh. N *
E, B. BARBEE. A. A. fHOMPSO'
BARBEE l THOMPSON,
Cotton Buyers,
MEMBERS OF THE RALEIGH COT TOP
EXCHANGE
Raleigh, N. C.
Cable Address—BAßßEE
DR. HATHAWAY & GO.
(iCesrular Ora.daa.tea.)
Are the leading ana inoat successful specialists ant
will give you help
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WOMEN'! Don’t you want to get cured of that
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BRIN DISEASES of all kinds cured where
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I'WATra.lI. DISCHARGES promptly
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TRUTH AND FACTS.
We have cured cases of Chronic Diseases thai
have failed to get cured at the hands of other special
Isis and medical institutes.
■SI KEME MH EK that there Is hop*
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time. Obtain our treatment at once.
Beware of free and cheap treatments. We give
tlie best and most scientific treatment at moderate
prices—as low as can be done for safe and skillfu
treatment. FREE consultation at the Office or
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nosls. A home treatment can be given In amalorttj
of cases. Send for Symptom Blank No. 1 for Men
No. 2 for Women; No. * for Skin Diseases. Allcorre
spondence answered promptly. Business strictly con
fliliutlal. Entire treatment sent free from observa
tlon. Refer to our patients, banks and business me r .
Address or call on
DR- HATHAWAY & CO..
2G 8. Rrnad Bt., ATLANTA. Ga
Ladies who value
a refined complexion must use Pozzom’a
Powder. It produces a soft and beautiful
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FOR PROOF
Thatthe d'/YYJ&frfYtfj# CURES.
TKrwS N^Crk
When aN Else Fails,
We Refer tothe Aciuai Experience of its Users
Shall we mail you a book of oersMicates and let you see how North Caroli
nians value the instrument?
electrolibha tion COMPANY,
8-45-ly im Hroaunny. YORK.
O TEACHERS:
11 W E W \N T
Old Books!
THE handsome “North Carolina Practical Kpeliing Kook** Is adopted by
the State Board of Education for use in all the public schools. The price is
20c. a copy. Send us the old spelling books now used in your school, and 13
cents with each, and we will send the same number of new North Carolina
spellers by mail, postpaid. ALFRED WILLIAMS & CO.
O :o :0
To Dealers in Books:
You Exchange Even for Live Books.
We will make even e>ch tnge with you, value for value, for all the spelling)
books you have in stock, rupplying the new “North Carolina Spelling I!ook,“j
which is to be used in all the public schools. Send the spelling books you have
on hand to us by express, prepaid, and the North Carolina speller will be sent*
to you in the same way.
ALFRED WILLIAMS & CO., SSSLt
l-l-jbf. RALEIGH. North Carolina.
■■■^■■■■■■■■■nnnnHaßMunaHaHnßnMnMKncßai.«ynn«u«
WHEN YOU Z THE BEST
G
—ON YOUR TOBACCO CROP USE—
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AND YOU WILL GET THE BEST RESULTS.
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Our goods have stood the test in the field and in the labaratory, and both the
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analysis write to,
RICHMOND GUANO CO.,
RICHMOND, VA.
ST. MARY’S SCHOOL.
Raleigh, N. C.
- Advent Term
FIFTY-THIRD ANN JAL SESSION
BEGINS
September 20th, 1894.
Thorough Instruction in Music: Piano, Organ. 1/oicQ, Violin, Mandolin Harmony, Eti
Address the Rector
REV. B. SMEDES, A. M.
PP A CT" Institute for Youj| Ladies
Una* raleigh, n. c.
the GREAT FEMALE SCHOOL OF NORTH CAROLINA
Advanced, thorough, select. Particular attention to advanced Art. Also a regu
lar Conservatory of Music, with two professors and four ass utants. Send for cata
logue and prospectus of Conservatory. Begins September 12, 1894.
so JAMFN Ufsvv HHIIR. M. <. 'Univ. Va.) Principal.
ALLISON & ADDISON,
Manufacturers of the Celebrated
STAR BRAND AND ANCHOR BRAND.
FERTILIZERS
For Tobacco, Cotton and Corn.
These fertilzers now need no commendation from us, as they have a standard
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For sale by agents everywhere iu Virginia aud North Carolina.
For further particulars, address
ALLISON & ADDISON,
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