499

REPORTS OF CASES

IN LAW AND EQUITY, ARGUED AND

DETERMINED IN THE

SUPREME COURT OF GEORGIA,

AT ATLANTA,

Part of September Term, 1879, and of
February Term, 1880.

Law Seb

VOLUME LXIV.

CINCINNATI COLL

BY JACKSON & LUMPKIN, REPORTERS.

ATLANTA, GEORGIA:

JAS. P. HARRISON & CO., PRINTERS AND PUBLISHERS,

1881.

22 MAR 1965

LAW

LIBRARY

Entered according to Act of Congress in the year 1881, by JACKSON & LUMPKIN,

In the office of the Librarian of Congress at Washington.

OF THE

SUPREME COURT OF GEORGIA

DURING THE PERIOD OF THESE REPORTS.

HON. HIRAM WARNER, Chief Justice,

HON. LOGAN E. BLECKLEY, Associate Justice,

HON. JAMES JACKSON, Associate Justice, . .

HENRY JACKSON, Reporter,

Greenville

Atlanta.

Macon.

HON. MARTIN J. CRAWFORD, Asssociate Justice,*. Columbus

J. H. LUMPKIN, Assistant Reporter,

Z. D. HARRISON, Clerk, . . .

Atlanta.

Atlanta.

Atlanta.

BRUNSWICK,

HON. GEORGE HILLYER,

HON. CLAIBORNE SNEAD,

HON. GEORGE N. LESTER,

Atlanta.

Augusta.

Marietta.

HON. MARTIN L. MERSHON,. Brunswick.

CHATTAHOOCHEE,HON. MARTIN J. CRAWFORD, Columbus.

CHEROKEE,

COWETA,.

EASTERN,

FLINT,.

MACON,.

MIDDLE,

NORTHERN,.

OCMULGEE,.

OCONEE,

PATAULA,

ROME,..

SOUTHERN.

WESTERN,. . .

HON. EDGAR M. BUTT, . . . Buena Vista.
HON. JAMES L. WIMBERLY,¶. Lumpkin.
HON. CICERO D. MCCUTCHEN, Dalton.
HON. HUGH BUCHANAN,. . . Newnan.
HON. WILLIAM B. FLEMING,. Savannah.
HON. ALEXANDER M. SPEER,. Griffin.
HON. THOMAS J. SIMMONS,. . Macon.
HON. HERSCHEL V. JOHNSON, Bartow.
HON. EDWARD H. POTTLE,
HON. THOMAS G. LAWSON,

HON. J. W. H. UNDERWOOD,. Rome. HON. AUGUSTUS HANSELL, Thomasville. SOUTHWESTERN, HON. CHARLES F. CRISP, . . . Americus, HON. ALEXANDER S. ERWIN, Athens.

JUDGES OF THE CITY COURTS.

CITY COURT.

ATLANTA,.

RESIDENCE.

JUDGE.
HON. RICHARD H. CLARK,.. Atlanta.
CLARK COUNTY HON. HOWELL COBB,
Athens.

SAVANNAH,. . . . . HON. WILLIAM D. HARDEN,. Savannah.

*Hon. LOGAN E. BLECKLEY having resigned, Hon. MARTIN J. CRAWFORD was appointed to succeed him. He qualified February 9th, 1880.

Judge CRAWFORD having resigned to accept a position on the Supreme Court Bench. Judge BUTT was appointed to succeed him. He qualified February 9th, 1880, but resigned in the following May, when Judge WIMBERLY was appointed to succed him. He qualified May 22d, 1880.

NOTE.

By act of 1866 (section 4270 of the Code), the decisions of the Supreme Court are required to be announced by written synopses of the points decided. The decisions thus announced from the bench by Justices Bleckley and Jackson, up to the end of the September term, 1879, are made the head-notes to the cases; the decisions of Chief Justice Warner are published as his opinions, the head-notes being made by the reporters. All other head-notes by the reporters are designated by (R.) Beginning with the February term, 1880, all head-notes are made by the reporters, the decisions being published as the opinions of the Justices delivering them.