Newspapers / The Morning Post (Raleigh, … / Dec. 7, 1902, edition 1 / Page 3
Part of The Morning Post (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
FABULOUS PRICES FOB STRAWBERRIES firmtrs Eelow Goldsboro just Coining Monty Hol ly Bush Business C IVc. Special. going around the THE MORNING POST: 3UNDAT, DECEMBER 7 1903. '3 1 t : .- - r pf I up In fur and over r -k!rr out for such expen- -:- its coal and mood, the , ,--.c the railroad between v:t:r.!r.gton are actually I h:rpt"K strawberries. hd occasion to take a t... Covist Lane yesteray af- 1 the people encaged raking and shipping . -. en.plojrinent which at cf the year more rropcrly - th inhabitant of tropical .Ner txforo In the history rr business Of this section t rry ri!rs had an or-por-.;; to crop in one year .. l of vines. It is as rrr-" th growers as the t-e to thoe outside of the "Hie fabulous prices at terms are selling on the i- .irit Is inducing all who t.- harvest all they can. rh.rrrd some days ago and u matoirancn out me company In. Co. v. Duto.er. 5 U. S.. 29. dis- ur.guisnea STATE v. PEOPLES, appellant, from AiecKienour. Error. "Where defendant, before pleading to aa Indictment for gaming and before the Jury were empaneled, moved to quash the bill oipon the ground that tne grand Jury were Improperly ae lected in that they were not selected from a revised Jury list as required by The Code: that the Jury when last re vised in 1SJS. was altered so as to dla cnmjnaie against the negro race ,to wnicn defendant belonged, and that the Jurors who found the bill ae-alnat ine aerenaant were summoned with the purpose of making such discrimi nation, by reason of which defendant was deprived of a fair trial, etc.. and defendant moved for subpoena duces ir ram o we commissioners, register ot oeeos and shertu: It was held, that defendant's remedy was by motion to Quash and the trial Judge committed error In refusing the motion upon the ground that the court had no power to grant It. Held further, that the discrimination alleged to have been made against the defendant was In violation of the Four teenth Amendment to the Constitution of the United States, as has been held by the Supreme Court of the United Flates. JUSTICE v. OALLERT. appellant. from Rutherford. Affirmed. Exception to a Judge's failure to charge, as asked, when the requests 1 . I their returns are much ..: t: e i rice. It is reported, and t ,or Instruction are Oral, cannot be sus t con f -med. that one man talned. Code, sec. 413. . h. shipped 22 quarts has "Where there Is no request that the t crX for S-4 after paying 'Juige put his Instructions la writing. of shipping and commla- j Dut the judge made some disconnected notes in which hetold the Jury to an swer "Yes" (which was erroneous), but the Judge states in the case on appeal that in fact he told them to answer "No." this court is bound by the Judge's statement. But If the charge containing the word "Tes" had been handed to the Jury, this would have been reversible error in this case, though "Tes" was inadvertently writ ten by the Judge. A charge, written out. at request (Section 411) should be signed and filed with the clerk, and becomes a part of the record. EvlJence that the defendant admin istrator told the plaintiff's testatrix that he would pay claim when he got the money and had made the same promise eight months after the death of defendant's intestate and that de- TU second crop is not confined v .:.';ir er to any one place, but nil along the line. The ber i .r large and luclous as tho i .--J in the spring time. The ;.. ar covered with the fruit. By n feared that the crop at this i ill interfere with and cut short crop r.ext spring, but. however r.---.T be. the farmers are reaping t at the price they are selling f course this second crop is i the rr.!!J weather which has i throughout the entire fall and .-. Lipt tn.c over into the winter. Larries are not all the second ? -.;-h tie farmers are getting l'-'.t of. Fruit trees in many rtve borr.e the second crop as : ; truck and vegetable-. t:: thi farmers who have berries -r lXIng alter their second fendant stated that he knew the intes- tate had the money: Held, competent to go to the Jury upon the questlv.i as to the bar of the statute. DUNN v. V. & W. RAILROAD CO., appellant, from Duplin. New trial. Where the court below, after a Juror had been asked by plaintiff as to 'Whe ther he had formed an opinion, etc, found him to be a competent and ac- j .-eptable Jaror. and afterwards allowed the plaintiff to challenge him perempto- Held. error. v. RATLIFF. appellant. from Anson. New trial. It is not error to admit the Introduc tion of the registry of deeds in evi dence rhowinff a deed, and in not re quiring the introduction of the origi nal Joed. Code. sec. 1T31. Here there was no rule of court that the original ! deed should be produced, and no sug gestion that the registration was in , correct. - r e who are r.ot so fortunate i : a strawberry feld are . the no. vis cutting and haul- : :r b-hrs to the railroad. Hun : et rr now engaged In .;-. which has so far proved ' - ' -. Atmost every town on the : Un between here and Wll- - t Is sMrr'.riff a car load a day - Te box and ctate factories "ir.ufacture vegetable and fruit ; i rfrr.u nave gone o wor , fjjy r-;-re a i-irge rwx or itcat weigrtt in shipping hotly lmb. The!1"11"". y : shipped to different northern wM New York of courre corr.-s i-r the large share. It Is usd . ccritive purposes and sell for -. e which seems almost unreason- hr. it la considered that the y rr- a s v.!M in this sedion, and -f rr.s to be an unlimited supp'y. rrct shipments. frn the .-: of Mch looks like terrible Is taken from the trees An objection that an Instrument can- :. are Wt stan ll.-g and will soon not orrereci in evidence on tna : r:h aMn with a fresh supply, j ground that there is no revenue stamp ' rushes of the trees are cropped (upon It. cannot be sustained. 64 N. C. ar. 1 those on which Is hur.g abun-j3?; 1C- fruit s:i fur the hghet prlc. Where the parties and the subscrlb - N rtv i a (?n reJ nn.l when th. ! Ing witness to an Instrument are alt The charter of the bank authorized puouc officers to deposit money In It, but that it should be subject to chap ter 470. Laws 1899. prescribing that no provision in any corporation charter shall relieve public officers or their su reties from official responsibility. BELDINO. appellant, v. ARCHER et 1.. from Clay. Affirmed. "VVhere a motion is made by defend ant to remove a case to an adjoining county for the convenience of witness es and such removal is allowed, and upon objection by plaintiff to the county designated, the Judge, In order that a speedy trial may, be had. an nounces that he will remove the case to one of three counties, and that plaintiff might select either of those three, and plaintiff's counsel chose one of the counties named, stating hat he would choose that county "if he was compelled to choose" Held, that what ever irregularities there may have been in the proceeding they were cured by the action of plaintiff's counsel and he cannot complain. Letters and communications made by a trustee to th owners of the prop erty without the knowledge of , a co trustee .are not admissible In evidence against the co-trustee. In undertaking to' prove the value of lands which are the subject of litiga tion it Is competent to show the value of other lands similarly, situated, in the same county and of similar charac ter. Warren v. Makely. 85 N. C. 12, distinguished. It la competent for a witness to give an opinion, based upon facts within his own knowledge, as to the practicabil ity to have timber manufactured and sell it profitably, the circumstances from which that opinion is deduced be ing such that cannot be made palpable to others, although such witness may not be treated as an expert. Where a paper writing Introduced as evidence Is collateral to the Issues, its contents are provable without produc ing the paper. Cardon v. McConnell, 116 N. C, 875. approved. Where trustees are given the power, in making provision for the payment of an indebtedness, to make a sale of the land itself for the purpose, or to undertake the cutting and manufac turing of the timber and lumber sep arate from the land .they are not re quired to test the experiment of the latter plan. If they honestly believed that it ought not to be tried; if they thought the best plan was to relieve the Indebtedness by a sale of the land itself it was their duty to make such sale. LEFLER v. W. U. TEL. CO.. appel lant, from Rowan. New trial. Action for damages for alleged negli gence In delivering a message received at Moresville and directed to plaintiff "Care Southern-Railway Co.. Salisbury, N. C. Being unable to find the sendee after diligent search, the messenger boy delivered the message to the ticket agent of said Railway Co.- at Salis bury: Held, that the court below prop erly Instructed the Jury that the ticket agent was the proper agent of the rail way company to whom the delivery might be made, and the delivery was therefore a delivery to said company. Held further, the message being di rected to the plaintiff in care of the railway company, the latter became the plaintiff's agent, and a delivery to Its agent discharged the defendant from liability the delivery to the rail way company being a compliance with th contract. But It was error to tell the Jury that a prudent man would have Informed the ticket agent, when the message was delivered to him. that It was "a very Important message." and a fail ure to Impart this information was c Ihiirii BOYLAN YOUR888888 TV St musts fits FROM- PEARC CO It is upon this a class to itself lite M Tfiiifiil In Department! That's a statement we are prepared to substantiate' to the fullest. The whole basis of this business rests on our ability to produce JbetterJDry Goods, Carpets, Millinery Suits arid CloaliS at a lower price than others. It is upon this ground solely that we ask for your Christmas and general patronage. fact alone that we've built up a dry qoods business which stands in the highest doing the largest business, occupying the largest floor space and em ploying more salespeople than any dry goods firm in the State. MAILORDERS. Whether you are one block or one hundred miles away you can share in all our store offerings. Our mail order department has become a very important factor in this business. Getting better every day. Your order will receive such c mail order service in tha city can give. It is perfectly safe to trade that V -i Winter Millinery (Other Coats, KaglanS and 'The first days of winter Cai)es f rom $2 LOO up finds us with a splendid' in v,miurenr unA vo.nfv-nn rWv nr. Reefers we are showing a v oTPatfir var fttv than can be m f care as no other way with ua - -'?s li rr-.i !e !r(o a rrre.ith there Is ' dead, the evidence or the probating negligence in the aerenaant., : r..-.? ir.or? d?irabte for dcor-.:lve ' witness that he was well acquainted 1 Held further, that It was no part of ; rr-f, both In the home and in j w'lth the handwriting of the subscrib- j the defendant's duty to Inform any one i es ft business, where it is u?ed by ' witness, etc.. Is a sufficient com- of the contents of the message. t northern rT'e. The holly does t rHance with section 1246(10) of The ' FAY appellant, v. CAUSEY, k-ro in the north wild as It does -" .xt 1 o. this account It is prized ry hUhlr. iv?sde holly there large .intin. of mi.iletoe be!ng shipped : l r.-: as plentiful as holly and ;..:rar. Is r. much higher price. DIGEST OF SUPREME COURT DECISIONS PHILLIPS v. WISEMAN et al appel lants. from Mitchell. Reversed. The husand of plaintiff abandoned Vf tr.i took up with the defendant -.i continuously lived In adultery with t- r till tit death devising- his land to i-jr.t. The plaintiff, widow, dis-r"-i from the win and Instituted pro for dower. After the separa the plaintiff also lived in adul " rd the defendant set up this fact W of rUlntl.Ts right to dower. Code. Kvldence of declarations tending to disparage or Qualify the title of TV. R. to the latid In this case is competent (Shaffer V. Gaynor. H7 N. C at p. SO against him and any one claiming through' a voluntary deed from him. The refusal to allow the introduction of what purported to be the original deed was not error .as it was Irrele vant, and a sthe puropse was to com pare the handwriting of the subscrib ing witness thereto with the handwrit ing of the same person who was the subscribing witness to an agreement claimed to be forxery. The proper method to attack the gen uineness of a signature Is by witnesses familiar with the signer's handwriting. Where a paptr Is In evidence, the signature to which Is prove or admit ted to be genuine, another signature whose genuineness Is In l.-sue can bi compared with it. But here, the paper was not In evidence and the plaintiff refused to oJmu that It was genuine. There Is no presumption that one's from Guilford. "Error. Action to recover amount of two notes, the execution of which was ad mitted and payment set up as a de fense. Defendant undertook to prove that payment was made in lumber. It appeared that the notes given for the machinery and paid in lumber were turned over to defendant by an agent and the notes sued on were never in the hands of defendant but in the plaintiff's possession. The sale of the machinery for which the notes were give in part, was made by an agent and a lot of lumber shipped to the agent, who,. at the time he received the lumber said nothing about his being agent: Held, not binding on the prin cipal as there is no evidence that any authority was given, or that the trans- rivals pleasingly varied, are flocking in daily. The great est collection of exquisite millinery to be found m the State, and the prices are as E leasing as the variety and rilliancy of the show. Ladies' Dress Hats, Ladies' Street Hats, Children's Hats and Caps, Veilings, Velvets, Featners. Excellence and complete ness in Underwear and Hosiery The cardinal features of our found elsewhere, while the ices are the lowest. Tailor-made Suits For Ladies and Misses Our Suit Department is overflowing with correct shape and styles in the pop ular covering. If you want something real clever, different from what's found elsewhere, you will find it here. Prices ex tremely low for quality and workmanship. Fine Furs -:r.r.t for plaintiff, and defendant ;-aiJ: Held, error. The plaintiff is ! bandwrltlng'had so changed from to U73 as to be unrecognizable The testimony of a witness that he did not know the handwriting of H. In 1363. but was familiar with It in 1S73 and 1 'I from recovering dower. Code. or WINSTON, appellant, v. '-VN OF SALEM. Errr. W.-.ere a corporation has its place of in one tot . and a part of Its property stored in another r. ,u,-n property is taxable In the orj h.r. the corporation's place of iif. located. .-II r. SOUTHERN RAILWAY, r;-::-ir.t. from Burke. No error. A foreign corporation which has "do "f ?t?cated" In this State under Ch. 62, L- noo, becomes thereby a domestic "r; oration and cannot remove an ac .".1 against it t the Federal Court ron the ground of local prejudice, i .VTE. sppellaat. v. INSURANCE CO.. from Rutherford. Attrnied. Wfcr a lift insurance policy of a rut sal benef.t company provides that -.e premium may be paid ty TO per er.t In cash and Si per cer.t in certi orates of Indebtedness and that such. r.Jehtedr.ess shall be a lien on the pol y and. in the event of non-payment ?f premium br the assured, o.ily the " ret reserve, less any Indebtedness to I." comrsnv. shall be arr!led to the receipted for tn'sn rtt the nrtlirv. Iho rmtir-t.. ! I took out his 'h csise willlap for non-payment of amount due each heir on his docket Pf..-nium where th accumulated pro- rnd disbursed a part of the fund: fieio. f :s due ti e assured are r.ot sufficient j that this is a receipt of the fund b tne to pay the premium after deducting ' clerk by virtue of his Office. possible by the amount of business, we do. Women's Underwear, 25c to $2.50 Women's Hosiery, 10c to 2.00 Children's Underwear, 15c to l.oo Children's Hosiery, 10c to 50c TiUrAr anrl WTiifA Tic-Ms. action had be?n ratified by the prin- j a i 1 r 4. clDnl: nor Is there any evidence that ! Knee and AnKie JrantS. any payment was ever made on the j Combination Suits and Cor two notes sued on except a small credit i rwo o t,A;ol,r on one of them. uvcl a opcwiaiujr. WESTFELDT v. ADAMS, appellant, from Swain. New trial. A plaintiff may recover In ejectment (or a defendant may defend) upon an I . n V. 1 .1.1. CloaKs This department is now at its tormotchfulness. The Where it H necessary to establish Monte Carlo is the Drevail- equitable ownership by extrinsic test!- . .,,1. f oaoertn WQ up to H.'s death, was competent the j mony, the facts and circumstances. Vi "" i l.ipe of time and the possibility of ' should be particularly set out in the have SL mOSt SUperb ShOWing, change in the signature being matters ; complaint. But where the naked legal rorcrTnP' in Drice from $7 50 title is outstanding in another, or Pua i , i-T.. for the Jury. The testimony of a witness that he j made statements to others o fthe same matters leaii.n-u uj w.h un w.i trial, was competent to corroborate him. 120 N. C 517. SMITH v. PATTON. appellant, from Burke. Affirmed. Action upon a clerk's bond t or?cover monies, proceeds of sale of land for partition, paid Into his office. The clerk deposited the funds In a bank which afterwards filled: Held, that a public officer is Uable as an insurer, for xnoner that comes into his hands. (Bonds of administrators, etc, only guarantee good faith.) Defendant contends that there was no law. authorizing the clerk to revive these Tands. but. here, he appointed the commissioner to make sale of the land, without bonJ. approved his report and the proceeds as ciera. costs and entered the where the court would simply order the correction of a formal defect In a deed. It 13 not necessary to set forth the par ticular facts constituting the equity. Land can only be conveyed by deeJ, and the general rule Is that nothing !s conveyed If the deed Is not under seal the expectation being where the court would, as a matter of course .order the correction o fa mere formal defect In the execution of its decree Justified by Its record evidence. There was no error here in the ruling that the deed was sufficient to pass title although the probate officer did not fix his seal. Acts lS6S-'9, eh. $4; Holmes v. Marshall. 73 N. C. 27. On the trial the testimony of witness es as to the beginning corner of plafci ft.Ts land was admitted: they stated that the corner was pointed out to them by a person deceased; and other witnesses testified that they found a tree at said corner answering the de scription given by the deceased to the first witnesses: Held, that the begin ning corner being tuus identified, the Never have we been so well prepared to handle an immense fur business. All shapes in. light and dark furs, he cardinal leatures 01 Neck pjeces wjth muffs to Underwear and Hosiery Qrro, mpw lina in T,a.HiW stocks are the excellence of ?mr1 P.Tiilrlrpn's FSir Sftts for quality, comfortable fit, sen- Christmas trade. sible shape and immense va-; riety of garments, together SilKs wiwi uw iuvv ".v. v Hrpssps. waists and trimmings. Every conceiv able style of silk can be found in our silk section. In popular Silk Fabrics we are offering values which no other concern can even ap proach. 54 in. Black Taffeta $1.88. This is the widest silk made and suitable for coats and skirts. Other great bargains in 36 in. Black Taffeta at 75c, $1, $1.15, $1.25 and $1.50 per yard. 36inchPeau de Soi $1.50 ner vard. I REMNANTS of Silk for fancy work at a great sav ing. Table Linens There's no time of the year that Table Linens are in more demand than thro' the Christmas season. There is nothing more acceptable Umbrellas for mother or housekeeper.) .For Christmas presents. We have most remarkable A1 g ugeful f tm values. Damask and I Nap-; able Special showing and kms to match m sets and by iceg week the yard. , . Natural, Trimmed, Pearl Also some. great drives mi and Silver Handles, with dnJTJTS fP&f. f 5 gloria or silk covering for la and 3:4 Napkins at 1-3 regu-,ies men and cfeidren. lar price. Price range from 50c to Towels, Crash, Tray and $12.50. Table Covers, Doylies, Sheet- ing, Casing and everything ,NecKwear A beautiful showing of Turnovers, Jabots and Twice around. All colors and com- and Comforts binations in silks, moire and The most comprehensive' So.tL J?Iues at in the linen line. Blankets showing of Blankets ever. .-. . 1 , Others from 2 c, iin. seen m tms marKer. m sizes, an qualities, rnces, Kibbons range 50c to $12. 50. Taffeta Ribboill Wash Ribbons, Satin Ribbons to $25.00, and for quality of material, excellence of workmanship and perfection in fit cannot be surpassed. Comfortables 7s 2 to $lo. Gloves No motter what kind, what color, what size. Come to headquarters. Special Black Kid Gloves 49c. Other quality white, black or colors, $1 to $3.50. Don't fail to see our La dies' Walking Gloves at $1 and $1.50. Wool Gloves 25 and 50c. Knit Skirts, ZepHyr Shawls, Zepnyr Capes The scope of this stock is too larjge to elaborate upon. Anything you wish in Zephyr Capes, Shawls, Fascinators, Children's Leggins, Chil dren s Mittens and Gloves. Also Ladies' Knit Skirts. Prices in keeping with qual ity. ' Dressing' Jacques For Ladies. Made of warm, comfort able Eiderdown. All sizes 32 to 42, in cardinal, gray, pink and blue. Prices range 75c, $1 and $1.50. Fancy Ribbons. All widths and qualities. Whatever you wish in Rib bons come here for it. Dress Goods The latest conceits In Tau ter Dress Goods. Blacks and colors. New goods arriving daily. Among the late ar rivals are some charming ef fects for evening and dinner costumes. The newest ideas in dress goods can always be found here. Alsb a complete line of woolen, cotton and Silk Waistings. New effect in Cotton Waistings. Handkerchiefs By Tuesday next, on Handkerchief store will ha in full bloom. More quali ties,, greater varieties anj. better values than ever bei fore. Remember we am headquarters for Hand Kercniefs. Lace Curtains. Portieres. Couch Covers. Table Covers. Drapery, etc BOYLAN, PEARCE & CO. testimony of the first witnesses was admissible. X1T N. C.,13; 53 N. C 495; 52 N. C 4S. The court allowed two witnesses to testify that, by general reputation a , certain chestnut tree claimed by plain tiff was the beginning corner: they ' never heard that said tree was the be ginning corner until after 18S6, the land having been entered and surveyed in 1860 arsd suit brought in 1891: Held, error. The evidence of general reputa tion should not have been admitted, because it was too decent and had not attached ante litem motam. 119 N. C, 598; 1 Greenleaf Ev., sec. 132. Sli Didn't Wwr m fffaalc But her beauty was completely hid den by sores, blotches and pimples till she used Bucklen's Arnica Salve. Then they vanished as will all Eruptions, Fever Sores, Bolls, Ulcers, Carbun cles and Felons from its use. Infalli ble for Cuts, Corns, Burns, Scalds and Piles. Cure guaranteed. 25c. at all druggists. Knitting Mills Burned Shelby. N. C, Dec. 6. SpeciaLThe Williams knitting mills at this place were destroyed by fire this morning at S o'clock; Tke loss is about twelve thousand dollars, partially covered by seventy-three hundred dollars insur ance. The Commonwealth of Chicago carried fifteen hundred dollars, the Piedmont of Charllotte five hundred, the Carolina of Wilmington one thou sand, and the. United Mutual of Ral eigh one thousand dollars. Origin ( fire unknown. Hewitt "I proposed to twin -si ters and both gave me the mlttenJ Jewett--"WeIl. there's one eonsoloUU tion: your mittens ought to be mate Brooklyn Life. "Of course," said the youth who waf in love, "two can live aa cheaply &a one." "Perhaps." replied his wls father, "but I never knew them to,dj it." Chicago Evening Poit
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 7, 1902, edition 1
3
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75