Volume 127 — North Carolina Reports

Civil ActioN, by L. H. Mayo against H. 0. Dockery, beard by Judge A. L. Goble, at May Term, 1900, of Beaueort Superior Court. From an order directing tbe Clerk to certify tbe record to tbe Federal Court, tbe plaintiff appealed.

<p>Civil Action by Augustus Pugh against George W. Baker, heard by Judge H. B. Stavrbuclc,a,t Spring Term, 1900,Beetie Superior Court.</p> <p>A jury trial was waived and the case submitted upon following facts, agreed to by counsel:</p> <p>“That on January 1, 1898, Wiley Carter, deceased, hired Augustus Pugh to cultivate his home tract of land, do general menial service and work thereon, for the year 1898, at $10 per month. This action was commenced December 5, 1898, and there was due said Pugh, up to November 1, 1898, $100. Wiley Carter died April 5, 1898, and no administration was taken out on his estate until May, 1899. Said Pugh filed a lien with H. P. Harrell, the nearest Justice of the Peace to said Wiley Carter’s home tract of land. No actual notice of the filing of lien was given to defendant Baker, until the commencement of this action. Said Baker knew that Pugh was a laborer on said farm. Baker, in September, 1898, seized and converted to his own use $219 of the crops raised on said farm, and cultivated by Pugh’s labor. This was all the crops raised. The seizure was in an action of claim and delivery brought by said Baker against Henrietta Carter and Wiley P. Carter, widow and son of Wiley Carter. Pugh was no party to said action. No action has been commenced to enforce the lien, the notice whereof was filed November 10, 1898, unless this be such an action.”</p> <p>Lien: “The said Augustus Pugh hereby files his lien on the crops of cotton, corn and fodder raised during the year 1898 on the tract of land situate in Bertie County, North Carolina, on which said Wiley Carter lived on the 1st day of January, 1898, adjoining the lands of Mrs. M. L. Wood, S. C. Doughty, and the road from Roxobel to Lewiston, for his labor on said farm from the 1st day of January, 1898, to November 1, 1898, under a special contract with, said Wiley Carter entered into on tbe 1st day of January, 1898, whereby said Augustus Pugb contracted with said Carter to wort as a laborer on said farm, in cultivating tbe same, from tbe 1st day of January, 1898, to tbe 1st day of January, 1899, at tbe rate of $10 per month, to be paid at tbe end of each month, making $3 00. There was raised on said land a crop of cotton and corn, both of which were worked and cultivated by said Augustus Pugb. That the fodder and corn have been gathered. That nothing has been paid on said contract, and there is now due thereon $100. That H. P. .Harrell is the nearest Justice of the Peace to said farm. This, November 10, 1898. Augustus Pugh. Sworn to,” etc.</p> <p>The foregoing facts were agreed to, subject to the following motion of defendant to dismiss plaintiff’s action upon the pleadings: “The undersigned moves to vacate and dismiss the lien filed in this proceeding for that: (1) Because the same is filed without making the administrator of Wiley Carter, who is now’ dead, a party to said proceedings in lien, and there is no authority in law for filing same; (2) for that the plaintiff cultivated the said land on which the crops covered by said lien were raised after the death of Wiley Carter, in the early Spring of the year 1898, and without a contract with the administrator of the said Wiley; (3) for that a lien can not be validly filed against a dead man, Wiley Carter, defendant in said lien, being dead. Wherefore, he prays that said lien be vacated and dismissed.”</p> <p>Judgment: “This cause coming on for hearing upon the record, and upon an agreed statement of facts to be found on file,” etc., “the Court having considered the record and the facts submitted, it is, on motion of., attorneys for defendant, ordered and adjudged that the plaintiff recover nothing in this action, and that this action be dismissed, and defendant recover of plaintiff Ms costs,” etc. “H. B. Star-buch, Judge,” etc.</p> <p>From this judgment plaintiff appealed.</p>

<p>Judgment — Supreme GouH— Correction — Inadvertence — Records — Notice.</p> <p>Supreme Court may correct a judgment erroneously entered, at a former term, on notice to tbe opposite party.</p>

ActioN by J. G. King against A. M. Powell and another, to enforce a judgment lien against certain land, beard by Judge II. R. Siarbuch, at March Term, 1900, of Warken Superior Court. From a judgment sustaining a demurrer to tbe complaint, tbe plaintiff appealed.

<p>Civil ActioN by J. P. Bazemore, as executor of tbe estate of Martha A. Lassiter, deceased, on a bond for support against J. R. Bynum, beard at Spring Term, 1900, of Bertie Superior Court by Judge H. R. Btarbuclc. Erom judgment of •nonsuit, tbe plaintiff appealed.</p>

<p>Civil ActioN by Kindred Holloman'v. Sarah A. D. Hollo-man, beard by Judge A. L. Goble, at Spring Term, 1900, of SeRTKokd Superior Court. Erom judgment for plaintiff, tbe defendant appealed.</p>

Civil ActioN by J. B. Rawls and wife against T. J. White and others,heard by Judge A. L. Coble, and a jury, at Spring Term, 1900, of IIjsrtfoed Superior Court. Prom judgment for defendants, the plaintiffs appealed.

<p>Civil ActioN of Claim and Delivery by J. M. Powell against J. W. Perry, beard by Judge H. B. Bryan, at Special Term,February 26,1900, of Hertbokd Superior Court. Erom judgment for defendant, plaintiff appealed.</p>

<p>Civin ActioN by J. W. Perry against Philip T. Perry and another, heard by Judge H. B. 8tarbueh, and a jury, at Spring Term, 1900, Bertie Superior Court. Erom a judgment for defendants, plaintiff appealed.</p>

<p>Civil ActioN by Julian A. Deitrick against the Cashie and Chowan Railroad and Lumber Company, heard by Judge O. H. Allen, at November Term, 1899, Beetie Superior Court. Erom judgment for defendant, plaintiff appealed.</p>

<p>Civil Actiow by M. Hahn & Co., against J. II. Ileatb and others, beard by Judge O. H. Allen, at May Term, 1900, of OeavbN Superior Court. From judgment for plaintiff, tbe defendants appealed.</p>

Cxvin ActioN by J. C. Meekins, administrator of John Jones, against the Norfolk and Southern Railway, beard by Judge A. L. Coble, at Spring Term, 1900, of Ttkeell Superior Court. Erom judgment of nonsuit, tbe plaintiff appealed. Tbe plaintiff introduced Eliza Jones, who testified tbe plaintiff’s intestate was her husband. That be died June 1, ■ 1898. He was about forty years of age. They would have been married 24 years last March.

<p>ApplicatioN for Mandamus by Augustus Wrigbt against Turner 0. Bond, as sheriff of Bertie County, and C. L. Henry, heard by Judge 11. B. Starbuch, at May Term, 1900, of Bbb-tie Superior Court. From a judgment refusing mandamus, the plaintiff appealed.</p>

PjbtitioN by W. G. Webb, administrator of estate of Staton Cummings, against Anne Cummings and others, for a sale of lands for assets, heard by Judge U. R. Slarbuclc and a jury, at April Term, 1900, of Edgecombe Superior Court. Erom judgment fox defendants, petitioner appealed.'

Speoial PROCEEDING for Partition of Land by Isaiab Mebane and others against Henrietta Capehart and others, heard by Judge O. H. Allen and a jury, at Spring Term, 1900, of Bertie Superior Court. Erom judgment for defendant, plaintiff appealed.

<p>ApplxcatxoN pon Injunction by M. M. Williams against. H. A. Brown and others, heard by Judge II. B. Starbuclc, at Spring Term, 1900, of Graven Superior Court. Erom refusal to grant injunction, the plaintiff appealed.</p>

<p>1. Mortgages — Assignee—Dents and Profits.'</p> <p>The assignee of a mortgagee, in possession, is chargeable with rents and profits.</p> <p>2. Mortgages — -Burden of Proof.</p> <p>A mortgagee in possession is presumed to have entered as mortgagee.</p> <p>3. Usage — Evidence—Gustom.</p> <p>Custom is inadmissible where there is direct evidence that it was not observed in the transaction in question.</p>

<p>1. Judgment — Index.</p> <p>“J. Mizell” or "Jo Mizell” is a sufficient cross-indexing for a judgment against “Josiah Mizell.”</p> <p>2 Judgmeni — Cross-Index—Lien.</p> <p>One cross-index is insufficient for two judgments, though they appear on the same page and include the same parties, and only the first judgment on the page will constitute a lien.</p> <p>3. Administrators — Executors—Misapplication of Funds.</p> <p>. An administrator is personally liable for misapplication of funds.</p> <p>4: Costs — Administrator.</p> <p>An administrator should be taxed with the costs of a suit subjecting him to liability for misapplication of funds.</p> <p>•5. Notice — Advertisement.</p> <p>Plaintiff need not show that he presented his claim if administrator fails to aver or prove that he had given notice to creditors.</p> <p>Faircloth, C. J., concurs in result only.</p>

<p>Civil ActioN by J. B. Williford and another against J. C. Williams, heard by Judge PL. li. Btarbuclc and a jury, at Spring Term, 1900, of Bertie Superior Court. From judgment for defendant, plaintiffs appealed.</p>

Suit by William Edwards and others, Fence Oommission--ers, against tbe Board of Supervisors of Public Eoads of Manning Township. From an order vacating a restraining order, beard and allowed by Judge E. W. Timberlalce, at Chambers, at Louisburg, July 7, 1900, tbe plaintiffs appealed.

Civil Actiow by W. L. Cantwell against W. J. Boykin, beard by Judge J. W. Bowman, at February Term, 1900, of WilsoN Superior Court. From a judgment for defendant, tbe plaintiff appealed. A jury was empannelled and tbe following issue was submitted : Is tbe defendant indebted to tbe plaintiff, and if so, in wbat amount'?

<p>Civil ActioN by W. A. Wliitted. and W. W. Wliitted against A. P. Euquay and T. B. Crowder, beard by Judge W. A. PLolce and a jury, at Spring Term, 1900, of Wake Superior Court. Erom judgment for plaintiffs, defendants appealed.</p>

<p>Verdict — Directing—Prohibiting Defense — Trial.</p> <p>It is error for the Court, after plaintiff has rested, to direct a verdict for him and refuse to allow defendant to introduce competent evidence.</p>

<p>1. Chattel Mortgage — Tender—Sale—Trover—Conversion.</p> <p>A mortgagee unnecessarily selling, after a full and lawful tender, would be guilty of a breach of trust and thereby render himself liable to the injured party.</p> <p>2. Trover — Conversion — Chattel Mortgage — Mortgagor— Agent — Sale—Evidence.</p> <p>It is error in an action by mortgagor for conversion, to exclude evidence that property was delivered by mortgagor to agent of mortgagee with authority to sell and apply proceeds to payment of certain debts.</p>

Civil Actiost by Maud P. Cobb against O. H. Perry, II. II. Perry and Caroline Eo'y, heard by Judge E. B. Starbucle, at Spring Term, 1900, of Grayest Superior Court. Upon intimation by the Court that plaintiff and defendants other than O. H. Perry were not entitled to recover, the plaintiff and defendants other than O. H. Perry submitted to a non-suit and appealed.

<p>Verification — Amendment—Answer—Pleading.</p> <p>It is discretionary with the trial court to allow an amendment of a verification to an answer.</p> <p>Montgomery, J., dissenting.</p>

Civil Action, by R. C. Bell against Commissioners of Johnston County and others, heard upon complaint and demurrer ore tenuSj by Judge W. S. O’B. Robinson, at Eall Term, 1900, of Johnston Superior Court. Erom judgment sustaining the demurrer, the plaintiff appealed. Tbe plaintiff alleges: 1. That he is a citizen of Raleigh, Wake County, North Carolina. 2.

Civil ActioN, by George W. Baker and others against Henrietta Carter and Wiley P. Carter, to set aside a certain conveyance of property, beard by Judge II. B. Starbuclc, at Spring Term, 1900, of Beetle Superior Court. From judgment for defendants, the plaintiffs appealed.

<p>1. Vendor and Purchaser — Parol Contract to Convey Land— Statute of Frauds — Improvements.</p> <p>A vendor in possession, who repudiates a parol contract to convey land, is liable to vendee for the value of improvements.</p> <p>2. Evidence — Parol—Parol Contract — Statute of Frauds— Vendor and Purchaser — Improvements.</p> <p>• That a party entered and placed improvements on land under a parol contract to convey, may he proved by parol evidence when the owner of the land denies the contract.</p> <p>Douglas, J., dissenting.</p>

Civil Action, to compel tbe defendant to issue and deliver to tlie plaintiff a certificate for two shares of stock owned by the plaintiff in defendant corporation, heard by Judge Predr ericlc Moore and a jury, at Spring Term, 1900, of Dueham Superior Court. From judgment for plaintiff, the defendant appealed.

<p>Petitiou to rehear granted.</p>

Civil AotioN by W. J. Jones against W. H. Duncan, beard by Judge Frederick Moore, upon an agreed state of facts, at Fall Term, 1899, of HabNett Superior Court. From judgment for defendant, tbe plaintiff appealed.

<p>PetitioN to rebear. Petition allowed. New trial.</p>

<p>PetitioN to rehear.</p>

Civil Actiow by Humphrey Bond against the Cashie and Chowan Railroad and Lumber Company, heard by Judge O. H. Allen and a jury, at Eall Term, 1899, of Bertie Superior Court. Both parties appealed from the judgment of the Court.

Civil ActioN by J ames W. Upchurch against George Eob-ertsou, heard by Judge W. A. Hohe and a jury, at Spring Term, 1900, of Waxe Superior Court. From judgment for plaintiff, the defendant appealed.

TEMPORARY RbstraiNINg Order issued by Judge George II. Brown, Jr., at Chambers, in Trenton, Jones County, on March 30, 1900, against the defendant, and returnable at Chambers, at Jacksonville, April 12, 1900, and continued for hearing until May 10, 1900, at which time, at chambers, Judge George II. Brown, Jr., dissolved the restraining order issued on March 30, against the defendant, and refused the injunction. Erom this judgment the plaintiff appealed.

<p>1. Tax Titles — Trust Deed — Mortgages—Widow—Dower.</p> <p>A widow, having a right of dower in the excess of the proceeds from sale of land under trust deed, is a party in interest, and can not defeat the rights of the cestui que trustent or the children of her deceased husband by buying the same at a tax sale.</p> <p>2. Mortgages — Taxes—Liens.</p> <p>A mortgagee is not liable for taxes on mortgaged property although his lien is secondary to the lien for taxes.</p>

<p>1. Insurance — Benefit Certificate — Surrender.</p> <p>A requirement in an insurance policy that the policy be surrendered before payment, is met by satisfactorily accounting for the same.</p> <p>2. Insurance — Admissions.</p> <p>Where an insurance company fails to set up by way of defense that the insured ever requested or desired a change of •beneficiary in the policy, it must be taken as an admission that no such change was made known to them by the assured.</p> <p>3. Insurance — Assignment—Beneficiary.</p> <p>A person having an insurance policy in possession — not being named beneficiary therein — has no interest in the policy, it not having been assigned to him. •</p>

Motion by plaintiffs, B. E. Jolly and W.'E. Jolly, to continue a restraining order issued against J. A. Brady, to tbe hearing, beard by Judge E. R. Starbuck, at Eall Term, 1900, of Pitt Superior Court. Order vacated and set aside. Erom this judgment tbe plaintiff appealed.

Oivxi. ActxoN by E. D. Mcllhenney against the city of Wilmington, heard upon complaint and demurrer, by Judge Ceo. II. Held: in compliance with said act, the Governor appointed as aldermen from their respective wards, the following persons, to-wit: S. P. Wright from the Eirst War’d (and others named in the complaint), who met with Walker and Green, who were elected under the said act, and elected S. P. Wright mayor, and thereupon H. C. Twining was elected…

Civil ActioN by C. I), and D. Turner, trustees of T. D. Turner, against tbe Board of Commissioners of Hillsboro, beard by Judge Frederick Moore and a jury, at Spring Term, 1900, of OraNGe Superior Court. From judgment for plaintiff, tbe defendants appealed.

Civil ActioN by Z. V. Taylor, assignee of Max Pretz-felder, against Martin Laner and Leon Lauer, merchants and partners, trading under the name and style of Louis Lauer, Isaac Selz, Moses Selz and Banjamin Selz, merchants and partners, trading under the name and style of Selz Brothers, heard by Judge Frederick Moore and a jury, at Spring Term, 1900, of G-uiLRORn Superior Court. Erom judgment for plaintiff, the defendants appealed.

Civil ActioN by W. C. Craft against the Mechanics’ Home Association, N. B. Rankin and W. B. McCoy, heard by Judge George PL. Brown, Jr., and a jury, at Spring Term, 1900, of New Haiíover Superior Court. Erom judgment for plaintiff, against N. B. Rankin, tbe latter appealed.

MotioN by W. C. Peterson to enjoin T. M. Ferrell and J. A. Ferrell from selling, cutting, or removing timber from certain lands, beard by Judge Frederick Moore, at Fall Term, 1900, of Duplin Superior Court. From judgment allowing the motion, the defendants appealed.

<p>1. Evidence — Competency—Lost Record — Supreme Court Record — Transcript.</p> <p>Where a Superior Court record is lost, a certified copy of the transcript of the same in the Supreme Court is 'sufficient evidence of the record.</p> <p>2'. Estoppel — Judgment notwithstanding the verdict — Record —Res Judicata.</p> <p>Although judgment is asked notwithstanding the verdict, if the judgment is rendered upon the issues, it constitutes an estoppel.</p> <p>3. Estoppel — Judgment—Record in Supreme Court — Evidence.</p> <p>A certified copy of the record in the Supreme Court constitutes an estoppel as between the same parties when the subject matter in litigation is the same.</p> <p>4. Leeds — Certificate■—Sufficiency—Justice of the Peace.</p> <p>The certificate of the justice of the peace in this case held sufficient.</p> <p>5. Ejectment — Demand and Ouster — Answer.</p> <p>To deny plaintiff’s title to land and plead sole seisen, admits a demand and ouster.</p> <p>6. Verdict — Trial—Judge—Jury—Findings of Fact.</p> <p>That the judge wrote the findings of the jury, if they agreed to and returned them as their verdict, does not vitiate the verdict though it is irregular.</p>

Civil ActioN by tbe State, on tbe relation of B. P. Williamson, Treasurer of Wake County, against PI. T. Jones and tbe Fidelity and Deposit Company of Maryland, beard by Judge W. A. Hoke, at Spring Term, 1900, of Ware Superior Court, upon report of referee. Erom judgment for plaintiff, tbe defendants appealed.

Civil Actiou by the Board of Commissioners for the county of Duplin, trustees of the Dickson Charity Eund, and the State of North Carolina, on the relation of the Board of Commissioners of the county of Duplin and of the County Board of Education of Duplin County, against James G. Kenan, D. E. Chambers, Bland Wallace, A. E. Williams, L. M. Cooper, D. G. Morrisey, Thomas S. Kenan, W. L. Hill, and Stephen Graham, heard by Judge Frederick Moore, at Eall Term, 1900, of DupliN…

<p>1. Boundaries — Evidence to Establish — Sufficiency.</p> <p>Evidence in this case is held to be sufficient to warrant charge of Court to the jury to find the boundary claimed by the defendant.</p>

<p>Ctvtt. AottoN by 0. P. Autry against E. Floyd, beard by Judge II. B. Bryan and a jury, at Spring Term, 1900, of CUMBERLAND Superior Court. From judgment for plaintiff, tbe defendant appealed.</p>

Civil ActioN by William Wright Jones against the Wilmington and Weldon Railroad Company, heat'd by Judge Henry B. Bryan, at May Term, 1900, of CumbeblaND. Superior Court. From refusal of trial court to sign judgment dismissing tbe action, defendant appealed. Eor opinion, see 125 N. 0., 227.

<p>Pivru ActioN by P; D. B. Arrington against W. H. Ar-rington, beard by Judge W. A. Hohe, at April Term, 1900, of Wake Superior Court. Erbm judgment of nonsuit, plaintiff appealed.</p>

<p>Civil ActioN by William Hatcher and I. H. Hatcher against. B. H. Hatcher, Betsy Wilkins, Tempie Hatcher, and others, beard by Judge George H. Brown,, Jr., at Eall Term, 1900, of CuMBERLAND Superior Court. Erorn judgment of nonsuit, plaintiffs appealed.</p>

Civil ActioN by C. D. Wilkie against tbe Raleigb and Cape Fear Railroad Company, beard by Judge Frederick Moore and a jury, at Spring Term, 1900, of Ci-iati-iam: Superior Court. Following is tbe complaint: Tbe plaintiff, complaining, alleges: 1.

<p>PetxtioN to Neiieae.</p>

Civil Actios by W. B. Cooper, trading as W. B. Cooper & Co., in behalf of himself and all other creditors of The Adel Security Company, against The Adel Security Company, Vm. McQueen and A. T. McKellar, heard by Judge P. W. Timberlake and a jury, at October Term, 1899, of RobesoN Superior Court. Erom judgment for plaintiffs, defendant A. T. McKellar appealed.

MotioN by W. H. Finlayson and another to reinstate tbe case of W. H. Finlayson, et al., against Gr. L. Kirby, et cd., reported in 121 N. C., 106. Tbe motion was denied and tbe case was discontinued.

<p>Civil Actiou by R. Lee Wright, Adm’r of Wilson. Williams, against the Southern Railroad Company, heard by Judge B. W. Timberlahe and a jury, at February Term, 1900, of RowaN Superior Court. From judgment for defendant, the plaintiff appealed.</p>

<p>Sales — Warranty—Measure of Damages.</p> <p>The measure of damages for sale of seed rice, which failed to grow as guaranteed, is the amount paid for the seed, the preparation of the soil, the planting of the seed, and, a reasonable rent for the land, less the amount for which the land could have been rented for some other crop.</p>

<p>1. Homestead — Married Woman — Husband and Wife— Separate Estate — Charge—Mortgage.</p> <p>A married woman has a right to a homestead in her separate estate, where she, with the written consent of her husband, charges her estate for the payment of debts, but uses no words of conveyancing in the instrument charging the same.</p> <p>2. Mortgages — Separate Estate — Charge.</p> <p>The paper-writing set forth in ihe opinion of the Court does not constitute a mortgage.</p>

Civil AotioN, in tbe nature of quo warranto, on tbe relation of J. 0. Taylor against John E. Vann, beard by Judge A. L. Goble, on complaint and demurrer, at Spring Term, 1900, of Heeteoed Superior Court. Erom judgment for plaintiff, tbe defendant appealed.

<p>Civil ActioN by J. R. Haltom against the Southern Railway Company, heard by Judge B. W. Timberlahe and a jury, at May Term, 1900, .of Rowan Superior Court. From a judgment for plaintiffs, defendant appealed.</p>

<p>Civil ActioN by the Board of Commissioners of Mont.-gomery County against Daniel Ery, heard by Judge H. R. Bryan, on an agreed state of facts, at October Term, 1900, of MONTGOMERY Superior Court. From judgment for plaintiff, the defendant appealed.</p>

Civil AotiON by the Board of School Directors of Forsyth County, against, the Board of Commissioners of Forsyth County, heard by Judge E. B. Slarbuch, at Chambers, in Winston, July 31, 1900. From an order enjoining defendants from expending the capitation tax, except in accordance with the Constitution, Art. V, sec. 2, the defendants appealed.

Civil, ActioN by J, L. Sheek against W. E. Sain, heard by Judge O. II. Allen, at. Chambers, at Winston, May 16,. 1899. Erom an order requiring plaintiff to allow defend- • ant to inspect certain documents, the plaintiff appealed.

<p>Civil ActioN by M. II. Wainwright against Randall Bobbitt, Ann Harris, IVLallie Q. Bobbitt, Ben. Bobbitt, and Sam. Bobbitt, the last two infants, by their guardian, E. S. Spruill, .and B. B. Massenburg, attorney, etc., for Mrs. Rachel Jud-kins, heirs at law, heard by Judge E. W. TimberlaJce and a .jury, at April Term, 1900, of Eranklin Superior Court. Erom judgment for plaintiff, the defendants appealed.</p>

Civil ActioN by State of North Carolina on the relation of the North Carolina Corporation Commission against _ the Seaboard and Roanoke Railroad Company, the Raleigh and Gaston Railroad Company, the Durham and Northern Railroad Company, the Raleigh and Augusta Air Line Railroad Company, the Pittsboro Railroad Company, the Palmetto-Railroad Company, the Lonisburg Railroad Company, and the Roanoke and Tar River Railroad Company, heard by Judge Frederick Moore, at October Term,…

<p>Deeds —Description —Gonstruction • — Intent —Mistalce — Ejectment.</p> <p>Where it plainly appears from the deed itself that there is a mistake in the description, as where the woru “east” is written “west,” the Court will construe the deed according to the intent.</p>

<p>Civil Actiok by J. W. Gardner against tbe Southern Railway Company, heard by Judge B. W. Timberlake and a jury, at May Term, 1900, of RowaN Superior Court. From judgment for plaintiff, defendant appealed.</p>

<p>Civil AotioN by W. J. Smith, J. L. Smith, M. L. Williams, T. A. McNeill and. wife, Caroline E., Mary G. Mc-Neill, and Alice 0. McNeill, by their next friend, Thomas A. McNeill, against L. J. Tew and A. C. Tew, heard by Judge E. W. Timberlake and a jury, at November Term, 1899, of CumbeblaND Superior Court- From a judgment for plaintiffs, defendants appealed.</p>

Civil AotioN by G. A. Loven against A. B. Parson, heard by Judge J. W. Bowman, at November Term, 1899, of Bueeb Superior Court. Erom judgment taxing the costs against W S. Hall, administrator of J. P. Hall, W. S. Hall entered a special appearance and appealed.

<p>Civil AgtioN by John Gray, administrator of the estate of Katie Gray, against H. McD. Little, heard by A. L. Coble and a jury, at August Term, 1900, of ALEXANDER Superior Court. From judgment for plaintiff, the defendant appealed.</p>

<p>1. Appeal — Former Appeal — Former Adjudication — Homestead- — Appraisers.</p> <p>Questions decided on a prior appeal are res judicata.</p> <p>'2. Appeal — Findings of Gourt — Oonclusiveness—Home-stead.</p> <p>Finding of fact by the Court below, when there is evidence on both sides of the question, ¡is binding on appeal.</p> <p>Dotjolas, X. dissenting.</p>

Civil AotioN by C. J. Shoaf and W. J. Ellis, trading as C. J. Shoaf & Co., against the Palatine Insurance Company, heard by Judge W. S. O’B. Robinson and a jury, at May Term, 1900, of Eoksyth 'Superior Court. Erom judgment for plaintiffs, the defendant appealed.

<p>1. Compromise and Settlement — Accord and Satisfaction— Discharge — The Code, sec. 574.</p> <p>The payment and acceptance of a less sum than is actually due, when received in compromise of an entire debt, is a complete discharge of the debt.</p> <p>2. Gontracts — Assignments for Benefit of Creditors — Fraud —Trust—D emurrer.</p> <p>A complaint declaring on a promise made in fraud of the rights of creditors, under an assignment, is demurrable.</p>

<p>1. Tax Titles — Tax Sale — She,riff's Deed — Notice—Redemption — Non-Resident—Publication—Deed.</p> <p>Purchaser of land at a tax 'sale must comply strictly with the statute as to the time for giving notice by publication to a non-resident owner of the land.</p> <p>2. Tax Titles — Notice—Tax Sale■ — Computation of Time— R edemption — Tender—Agent.</p> <p>Where an owner of land has until a certain day to redeem land sold for taxes, a tender of the tax on that day by owner, or agent, is in time.</p>

<p>PtstttioN to Reheae.</p>

Civil Action by tbe Nims Manufacturing Company against T. A. Blythe, trading as R. A. Blythe, beard by Judge O. PL. Allen, upon exceptions to referee’s report, at June Term, 1900, of Mecklenburg Superior Court. Erom judgment for plaintiff, tbe defendant appealed.

Civil ActioN by Sarah Kramer, administratrix of Hugo Kramer, against tbe Southern Railway Company, beard by Judge T .J. Bhaw, and a jury, at Special (January) Term, 1900, of McDowell Superior Court. From judgment for defendant, tbe plaintiff appealed, and the judgment was affirmed. On rehearing, tbe petition was allowed, and a new trial ordered.

Oiviu ActioN by M. P. Hoffman and J. L. Hoffman against the Standard Life and Accident Insurance Company, heard by Judge II. B. Slarbuck and a jury, at a Special (August) Term, 1900, of GastoN Superior Court. From •a judgment for plaintiff for $249.25-, the plaintiff appealed.

ApplicatioN by S. L. Venable for the probate of the holograph will of Haywood Venable, deceased, in connection with a subsequent will, heard by Judge W. S. O’B. Robinson, and a jury, at Spring Term, 1900, of Stoicbs Superior Court. From order denying probate, propounder appealed.

Oivtt, AotioN by Albert Davis and Sally Rayfield against Charles and William Yelton, heard by Judge T. J. Shaw and a jury, at Eall Term, 1900, of Gaston Superior Court. Erom a judgment for defendants, the plaintiffs appealed.

<p>1. Evidence — Immaterial—Complaint.</p> <p>Evidence tending merely to prove a cause of action not stated in the complaint is immaterial.</p> <p>2. Limitation of Actions- — Diversion of Water — Easement—• Damages — Trespass—The Qode, Sec. 155 — Waters and W atercourses.</p> <p>The unlawful diversion of river water is not a trespass on realty, but it is so nearly in the nature of an easement as to be governed by the same statute of limitations.</p> <p>3. Limitation of Actions — Railroads—Easements.</p> <p>Acts 1895, chap. 224, relative to the limitation of actions, refer only to railroads.</p> <p>4. Nuisance — Abatement—Water Company — Quasi Public Corporations.</p> <p>A water company is a quasi public corporation, and can not be abated as a nuisance.</p> <p>6. Witness — Experts—Findings of Court — Evidence.</p> <p>The finding of trial court that a witness is an expert is not reviewable where there is any evidence to sustain such finding.</p> <p>6. Damages — Permanent—Conversion °of Water — Water Company — Water and Watercourses.</p> <p>Permanent damages may be awarded a riparian owner who is injured by the taking of water out of a river by a water company.</p>

Civil ActioN by S. B. Howe against G. W. E. Harper, receiver of the Chester and Lenoir Narrow-Gauge Railroad, and J. G. Hall and David Hemphill, receivers of the Chester and Lenoir Narrow-Gauge Railroad, and the Carolina and Northwestern Railroad, heard by Judge II. R. Starbuck and a jury, at August (special) Term, 1900, of GastoN Superior Court. Erom judgment in favor of defendants, the plaintiff appealed.

Civil Action by J ames H. Marsh, J. C. Marsh, and Dora A. Marsh, A. E. Kritz, and Annie M. Kritz, Henry E. Marsh, and Amelia Marsh, Mary C. Bynum and W. K. By-num; James and Henry Marsh, and James C. Marsh, executors of Sarah Rachel Marsh, against Henry Marsh Dellinger and Chester A. Dellinger, minor heirs, heard by Judge T. J. Shaw, at October Term, 1900, of MecKLENbubg Superior Court. Erom judgment deereeing a sale, the defendants appealed.

<p>Civil ActioN' by tbe S. Blaisdale Company against R. O. Lee and H. J. Gregg, trading under tbe name of R. 0. Lee & Co., beard by Judge 0. II. Allen and a jury, at March Term, 1900, of MboKluNbueg Superior Court. From judgment for defendants, tbe plaintiff appealed.</p>

Civil ActioN by Isbam R. Faison against Lewis T. Hicks and wife, R. W. Hicks, and Isham F. Hicks, beard by Judge H. R. Bryan, at December Term, 1899, of DupliN Superior Court. From a decree in favor of tbe plaintiff, tbe defendant, R. W. Hicks, appealed.

<p>Carriers — Negligence—Personal Injuries — Release—Railroads.</p> <p>An instrument, releasing a railroad company from liability by reason of an injury sustained by a person, containing tbe following provision: “It being hereby expressly declared to be the intention of this instrument to forever release the said Southern Railway Company and the North Carolina Railroad Company from any and all other claims, demands, or rights of action of every nature, originating prior to this date, because of any like cause or causes of complaint;” does not release the railroad company irom liability by reason of any injury to the person, except that expressly stated in the release.</p> <p>Haircloth, C. J., and Furches, J., dissenting.</p>

<p>1. Referees — Findings of Fact — Appeal.</p> <p>Findings of fact by a referee, under a consent reference, are ' final and can not be reviewed on appeal, unless based upon incompetent evidence.</p> <p>2. Adverse Possession — Vendor and Purchaser.</p> <p>The possession of a vendee of a part of a tract of land extends no farther than the boundaries in his deed so as to enure to the benefit of the vendor of the entire tract.</p> <p>3. Adverse Possession — Lessor—Lessee.</p> <p>Where a person enters as lessee a certain part of a tract of land, covered by a deed, under which his lessor claims, his possession enures to the benefit of the lessor, co the outside limits of the deed of the latter.</p> <p>4. Acknowledgment — Prolate—Power of Attorney — Deed— Principal and Agent.</p> <p>Where a power of attorney appears to be regular ana authorizes an acknowledgment of a deed, a probate under such authority will be presumed to be regular, nothing appearing to the contrary.</p> <p>5. Deed — Prolate—Presumption•—Collateral Attach.</p> <p>T'he probate of a deed is a judicial act and is presumed to be correct until the contrary appears, and can not be collaterally impeached.</p> <p>6. Deeds — Probate—Presumption.</p> <p>Probate of a deed will be presumed to be regular from the fact of registration.</p> <p>7. Deed — Registration—Presumption.</p> <p>The registration of a deed is presumed to be correct.</p> <p>8. Deed — Prohate—Presumption.</p> <p>The probate of a deed will be presumed trom the fact that it is registered.</p> <p>9. Deed — Prohate—Registration.</p> <p>It is not necessary to register the certificate or evidence of probate.</p>

<p>Depositions — Objections—Time—The Oode, Sec. 1361.</p> <p>Objection to a deposition must be made in writing and before the trial.</p> <p>Douglas, J ., dubitante.</p>

Civil ActioN by E. B. Norvell, receiver of the Valley-town Mineral Company, against H. Mecke, heard by Judge O. PI. Allen and a jury, at Fall Team, 1900, of Cheroicee Superior Court. From judgment for defendant, tbe plaintiff appealed.

<p>For syllabus, see Arthur v. Broadway, this term.</p> <p>Under ruling in Arthur v. Broadway, at this term, the former decision in this case (126 N. C.,258), is overruled and the judgment appealed from is affirmed.</p> <p>Montgomery and Douglas, JJ., dissenting.</p>

<p>MotioN by W. D. Broadway, Alice Faulkner, M. L. Broadway, and Quince A. Faulkner, to set aside a judgment in the case of F. P. Arthur and Nancy Arthur, his wife, against J. W. Broadway, heard by Judge if. R. Brycm, at November Term, 1899, of LbNoib, Superior Court. From an order denying the motion, the movers appealed.</p>

<p>Civil ActioN by J. W. Bird against J. E. Brad'burn, beard by Judge T. A. McNeill, and a jury, at Spring Term, 1900, of JacicsoN Superior Court. From judgment for defendant, the plaintiff appealed.</p>

<p>Civil AotioN by Joseph Calloway against B. M. Angel, administrator of Thomas M. Angel, heard by Judge O. II. Allen and a jury, at Pali Term, 1900, of MacoN Superior Court. From judgment for plaintiff, defendant appealed.</p>

<p>Civil Action by Mrs. A. M. Aiken, administratrix of L. 0. Aiken against J. MeD. Cantrell, beard by Judge T. A. McNeill, on report of referee, at Spring Term, 1900, of TRANSYLVANIA Superior Court. From judgment for defendant, the plaintiff appealed.</p>

Civil ActioN by J. A. Smith against S. J. Durham, hoard on complaint and demurrer, by Judge O. TI. Allen, at Spring Term, 1900, of GastoN Superior Court. Erom judgment sustaining a demurrer to the complaint, the plaintiff appealed.

<p>Civil ActioN by Mrs. M. 0. Toms against J. F. Flaclc, administrator of J. M. Toms, and M. L. Bridgers and Dora Bridgers, beard by Judge Thos. J. Shaw and a jury, at Fall Term, 1900, of Ruthereoed Superior Court. From judgment for plaintiff, the defendant appealed.</p>

Civil. ActioN by J. L. Cabe, J. P. Brown, and others, trastees of Clark’s Chapel and Cemetery, against A. J. Van-hook, executor of T. C. Vanhook, heard by Judge Thos. A. McNeill, at Spring Term, 1900, of MacoN Superior Court. From judgment for defendant, the plaintiffs appealed.

<p>1. Appeal — Findings of Court — -Mixed Questions of Lour and Fact. .</p> <p>The findings of trial court, on mixed questions of law and fact, are reviewable, at least as far as the relation between law and fact.</p> <p>2. Attachment — What is Not Fraudulent Disposition of Property — The Code, .see. 349.</p> <p>The Code, sec. 349, sub-sec. 2, authorizing a warrant of attachment where a fraudulent disposition of property is 'made as against creditors, relates to the intent with which iit is disposed of, not to the manner in which the property is acquired.</p> <p>3. Attachment — What is Not Fraudulent Disposition of Property — The Code, sec. 349.</p> <p>Under The Code, sec. 349, sub-sec. 2, a deposit of money by a debtor in the hands of another to induce the xatter to go on his bond to secure hi's release from jail, is not a fraudulent disposition.</p>

Civil ActioN by tbe Battery Park Bank against the Western Carolina Bank, heard by Judge O. II. Allen, at November Term, 1900, of Buncombe Superior Court' A receiver was appointed for the defendant, which was insolvent, and from a judgment as to distribution of funds, receiver George H. Smathers, and the creditors other than those in wfiose favor judgment was rendered, appealed.

<p>1. Wills— Exec utor — Legatee—Estopjpel— Deed.</p> <p>A legatee who procures the probate of a will and executes the duties of executor can not take devised property under .a deed executed oy the testator subsequent to making the will.</p> <p>■2. Estoppel — Executor—Will.</p> <p>One who executes the duties of executor under a will is estopped from denying his qualification as such.</p>

<p>T. Homestead — Allotment—Irregularity—Judgment.</p> <p>Where a homesteader acquiesces in allotment of homestead for many years, a grantee of homesteader will not he permitted to defeat judgment creditors by proof of purchase in good faith for a full price.</p> <p>2. //omestead — Allotment —Exceptions ■ — Appraisers —The Code, Sec. 519.</p> <p>That appraisers laying toff a homestead were sworn by a deputy sheriff, is, at most, an irregularity, and can not be taken advantage of in a collateral proceeding if exceptions were not taken in apt time.</p> <p>•3. Evidence — Homestead—Advice of Counsel.</p> <p>In a contest between judgment creditors and purchasers of land subject to the judgment, the wrong advice of counsel given to the latter is inadmissible.</p>

Civil ActioN by W. M. Darlington, 'against the Western Union Telegraph Company, heard by Judge W. 8. O’B. Robinson and a jury, at May Term, 1900,- of Wilxes Superior Court. Erom judgment for less than the relief demanded, the plaintiff appealed.

<p>Civil Action by B. M. Angel, administrator of Thomas M. Angel, deceased, against J. P. Angel, heard by Judge T. A. McNeill, at Spring Term, 1900, of MaooN Superior Court. Erom judgment allowing a set-off, the plaintiff appealed.</p>

<p>1. Parties — Corporation—Subscriptions■—Fraud—Deceit.</p> <p>Where persons are sued for fraud and deceit in procuring subscriptions to a future corporation, the corporation is not a necessary party defendant.</p> <p>2. Corporations — Flection of Remedies — Stock—Subscrip-. lions — Fraud—Deceit.</p> <p>Where persons seek to recover for fraud in inducing them to subscribe for stock in a future corporation, they are not bound to seek redress from the corporation before suing those who had practised the fraud.</p> <p>3. Evidence — Sufficiency■—Corporations—Fraud—Deceit.</p> <p>Evidence in this case held sufficient to be submitted to the jury on the question whether certain parties were induced by fraud and deceit to subscribe for.stock in a future corporation.</p>

Civil ActioN by James P. Culp against R. C. G. Love & Son, and Edgar Love & Co., beard by Judge H. R. Btarbuck .and a jury, at August (Special) Term, 1900, of GastoN Superior Court. Exhibit A. Articles of agreement between R. O. G. Love & Son, and Edgar Love & Co., and James P. Culp, made tbis tbe lltb ■day of June, 1896, to go in effect June 15, 1896.

<p>1. Limitation of Actions — Acknowledgment—New Promise ■ — The Code, Sec. 172.</p> <p>A new promise to pay, if not in writing,' can not defeat the operation of the statute of limitation.</p> <p>2. Limitation of Actions — Estoppel—Agreement.</p> <p>A request not to sue will not stay the statute of limitation, hut it must he an agreement not to plead it.</p>

<p>Oivit, ActioN by M. C. Toms against John Jones, M. S. Justus, James Jackson, J. B. Ereeman, R.- J. Brown, H. D. Justice, W. II. Stepp, H. Y. Cash, W. M. Justus, I. T. Laughter, B. B. Jackson, Jason Orr, W. B. Ledbetter, W. I). Miller, D. R. Myers, J. S. Rhodes, C. W. Butler, J. W. C. Blythe, R. G. Souther, E. R. Israel, C. J. Edney, Jay W. Ereeman, P. S. Brittain, and G. M. Guice, .beard by Judge T. A. McNeill and a jury, at Eall Term, 1899, of ITeNdeRSON Superior Court. From judgment for the plaintiff, defendants appealed.</p>

Civil Action by the Hanover National Bank, The Ashe-ville Cotton Mills, The Battery Park Bank, The Merchants and Ea/rmers .

Civil ActioN by Hannab J. Bailey against Joel N. Bailey, beard by Judge O. II. Allen, at Chambers, in Ashe-ville, September 29, 1900. From judgment and order granting plaintiff temporary alimony pendente lite and an attorney fee, and charging the same on the land of the defendant, the-defendant appealed.

<p>Wills — Probate—Opinion Evidence.</p> <p>Upon trial of an issue of devisavit vel non it is competent -to' introduce evidence that, from the personal knowledge of; witnesses of the room and the location of the furniture,, the testator could have seen the subscribing witnesses as' • they signed the will, i-f the testator was lying in the posi-, tion testified to by other witnesses on the trial. . j</p> <p>•Páxtícsloth', C. J., and Fukches, J., dissenting. ;</p>

Civxu AotioN by W. B. Williamson, Trustee of tbe National Bank, of Asheville, against R. PI. Pender and M. R. Pender, heard by Judge O. II. Allen, at Webster, October 3, 1900.

Civiu ActxoN by Hannah. G. Cooper against A. D. Cooper, W. M. Cooper and D. J. Williams, heard by Judge O. H. Allen, at August Term, 1900, of Buncombe Superior Court. From- an order restraining a collection under a judgment in favor of W. M. Cooper and I). J. Williams against A. D. Cooper, the defendants appealed.

Civil ActioN by Hannah Gr. Cooper against A. D. and W. M. Cooper, heard by Judge O. II. Allen, at August Term, 1900, of BuNCOMRe Superior Court. ErOm judgment restraining collection under the judgment, the defendants appealed.

<p>Civil AotioN by W. E. Rosemían, T. A. Eoil and wife Janolia Eoil, against Annie L. Roseman, Sarab L. Roseman, Ealanous S. Trexler, William Trexler, Ed. H. Trexler, Josephine B. Trexler, Mary Jane Goodman (wife of Monroe Goodman), Jessie Ingold Trexler, Bossie Oolumbus Trex-ler, Olara Emma Trexler, Dr. Alexander Trexler, Rosanna Trexler, Martha Lou Trexler, Malinda (or Mary) Trexler (or Wyatt) (sister of Tobias Kesler), A. I. V. Newsom (wife of A. H. Newsom), Dora S. Goodman (wife of Ed. Goodman), Tobias Newsom, Nannie W. Newsom, Hattie M. Newsom, Craige and Olement Newsom, Olara W. Newsom, Brantley J. Newsom and Nancy Kesler, heard by Judge E. W. Timberlalce, at February Term, 1900, of Rowaw Superior Court. Erom judgment for plaintiffs, the defendants appealed.</p>

<p>1. Pleading — Complaint —Answer —Admission —Constitution, Art. X, Sec. G.</p> <p>Where a complaint alleges that the husband was entitled to an estate by the curtesy in the lands of his deceased wife, and it appears that she died intestate, and it does not appear that the marriage was contracted since 1868, and where the answer admits the estate by curtesy, it is an admission of fact.</p> <p>2. Tax Titles — Redemption—Remainderman—Life Tenant ■ — Municipal Taxes — Acts 1895; Chap. 119, Sec. 99 — ■ The Code, Sec. 8699.</p> <p>A remainderman has two years in which to redeem from a tax sale, and this applies to taxes of the city of Greensboro.</p> <p>Clark, J., dissenting.</p>

<p>Chattel Mortgages — Registration—Notice—Norse—Change in Color.</p> <p>A mortgage on a horse is not affected by a change in color of the animal after execution of the mortgage and prior to sale by mortgagor.</p>

<p>1. Peddlers■ — License—Hawkers—Criminal Law.</p> <p>One wbo sells goods by sample, which goods are shipped to purchaser in care oí one who sold them and delivered by him, is a peddler under Acts 1899, chap. 11, sec. 95.</p> <p>IndictmeNT against Nathan Franks, for peddling goods without a license, heard by Judge A. L. Coble and a jury, at Spring Term, 1900, of Hake Superior Court. From a verdict of guilty and judgment, the defendant appealed. The special verdict is set out in full in the opinion.</p>

Inj>iotmk:nt against William Pago, beard by Judge FI. R. Starbuck and a jury, at Eall Term, 1900, of Pitt Superior Court. From a verdict of guilty and judgment thereon, the defendant appealed.

INdicticeNT against Amos Overby, heard by Judge J. W. Bowman and a jury, at Eall Term, 1900, of VaNce Superior 'Court. Erom a verdict of guilty and judgment thereon, the ■defendant appealed.

INdictmbNT against Ollie Rippy, heard by Judge W. A. Holce and a jury, at September Term, 1900, of Dubham Superior Court. Erom verdict of guilty and judgment thereon, the defendant appealed.

INDICTMENT against Bosem Alston, heard by Judge Frederick Moore, at February Term, 1900, of Chatham Superior Court. • Bosem Alston was convicted of resisting and obstructing a deputy sheriff while attempting to levy to enforce payment of a delinquent tax, and he appeals. “The jurors, for the State,” etc., “present that Bosem Alston on the 1st of February, 1900, with force and arms,” etc., “wilfully and unlawfully did resist, delay, and obstruct W. E. Crutchfield, a…

INDICTMENT against E. M. Caldwell, heard by Judge Frederick Moore, and a jury, at June Term, 1900, of Guil-eobd Superior Court. From a judgment against defendant ■on a special verdict, the defendant appealed.

INDICTMENT against W. R. McBroom, heard by Judge Frederick Moore and a jury, at September Term, 1900, of PERSON Superior Court. Erom a verdict of guilty and judgment thereon, the defendant appealed.

INDICTMENT against John Tucker for selling intoxicating liquors without license, heard by Judge Thomas J. Shaw and a jury, at April Term, 1900, of Cabarrus Superior Court. On the back of the indictment was the following endorsement: Witnesses — Will Smith, J. E. Harris, Jno. Cruse, Will Propst. From verdict of guilty and judgment, the defendant appealed.

INDICTMENT against- William A. Joyner for violation o-f a town ordinance,, beard by Judge Henry R. Bryan and a jury, at July Term, 1900, of Oauakeus Superior C'ourt. Erom verdict of guilty and judgment, tbe defendant appealed.

INDICTMENT against H. R. Ereeman and A. A. McKenzie for an affray, beard by Judge Thomas J. Shaw and a jury, at April Term, 1900, of Montgomeby Superior Court-.

<p>1. False Pretenses — Advances—Criminal Law — The Code, Sec. 1027.</p> <p>One who obtains advances upon written representation of ownership of property and promising to apply the same to the payment of the debt, fails to do so, is indictable under The Code, sec. 1027.</p> <p>2. False Pretenses — Advances—Imprisonment for Debt— Criminal Law — The Code, Sec. 1027.</p> <p>The Code, sec. 1027, making it a misdemeanor to obtain advances on representations of owning property, is not in conflict with the Constitution, Art. I, 'sec. 16, forbidding imprisonment for debt.</p> <p>Douglas, J., dubitanie.</p>

INDICTMENT against D. A. Ewing, heard by Judge H. B. Bryan, at October Term, 1900, of Montgomeey Superior Court.

INDICTMENT against Everett Brown, beard by Judge W. B. Council, at Special (November) Term, 1900, of Catawba Superior Court. Defendant, in apt time, moved to quash the indictment upon the ground that, under said act authorizing the said term of court, there should be “no grand jury summoned at this term of the Court.” Acts 1899, chap. 593, sec. 2. The ■Court sustained the motion and quashed the bill, 'and the Solicitor for the State appealed.

INDICTMENT against Wade C'ostner, beard bv Judge Frederick Moore and a jury, at August Term, 1900, of Catawba Superior Court. Tbe defendant pleaded “not guilty,” and tbe State introduced tbe following witnesses: Miss Claudia Sluman, who testified: “I live near Catawba, at tbe borne of Miss Sue-Abernetby. Was living there July 6. On tbé nigbt of July 6, between twelve and one o’oloek, I awoke suddenly.

INDICTMENT against Samuel I). Bryson, beard by Judge O. H. Allen, at Fall Term, 1900, of Macon Superior Court. Tbe indictment was as follows: “Be it remembered, etc. [giving names of jurors.] The jurors for the State, upon their oath present: Samuel JD.