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THE NEWS OF NORFOLK ON PAGES TWO, THREE AND FIVE.
COURT DECJSIONS. Notes of Cases Recently Decided, Which are of Interest to Our People. DIGESTED BY W- 13 MASTIN. tExclusively Tor Vlrglnlan-Pilot.) MOREHEAD HANKING CO. V. MOREHEAD. Supreme Court of North Carolina, May 5, 1SU9. WHERE AN EXECUTRIX TOOK UP A NOTE OP THE TESTATOR UV GIVING HKIt INDIVIDUAL NOTE, SHE IS LIABLE INDIVIDUALLY, AND THE NOTE CANNOT HE ' . FORMED, AS THE MISTAKE WAS ONE OE HAW. This was a suit on a n )tc given by an executrix to lake up a note of her tes? tator. Tlie court says: In tills case it appear;: that the trans? action took place between the defend? ant Morehead and Morgan, the cashier of tho plaintiff bank. Morgan says he drew tlie note as he was directed to draw it, and the defendant Morehead says that she signed It as it was drawn, knowing how it was drawn. There wj.i not-n word said then or before by either Morehead or Morgan as to whether she would be personally liable- or not, and no such question was raised until long ufter this action was commenced. Fin? ally, tho question was raised aa to whether the defendant Morehead was personally liable or not; and then sir said she did not think when she signed the- unto that she was making herself personally liable, and Morgan said he did not think when she signed the note that she was personally liable. Upon this evidence, the defendant More-head ns!<s a court nf equity to come to her relief ami say she is not liable for this debt, although she admits that in law she Is liable. Suppose the jurisdictions of law and enujty were In separate courts, as they were before the consti? tution of 1868, and the plaintiff had re? covered judgmL.it against the defend? ant Morehead In a court nf law, and site had gone into a court of equity to re? strain 'and enjoin its collection; upon what ground would .-die put her reih f? There is not a suggestion nr fraud, de? ceit, or mistake of tho draftsman In drawing the note, nor a suggestion but What It was'drawn just as the parties wanted it and intended it BhouTd be drawn. Indeed, thi.; Is admitted. ^Vo must confess that wo are at a loss to see any ground for an equitable Inter? ference. And though equity is now ad? ministered In tii" same court, and may be in the same action, the rules taat governed before 18C8 are the same now that they wore before that lime. T > Hilt? the defendant Morehead i.lultn ble Interference and equitable relief, bIic must have such equities as would have availed her?beforc 1808. After giving this ease all the Inves? tigation and reflection wo nre nblo to do, under the light of the very -able ar? gument of defendant's counsel, we *ao not see the error alleged In the former opinion that Judgment appealed from 18 "reversed." This Is a technical error, but does not affect the opinion as to the merits of the controversy. There being no disputed facts,?they having been agreed upon,?there was-ftothing to sun-, mit to the jury. The province, of t'ao Jury Is to pass upon disputed facts, and ! to lind how th"y uiv. Where thor ? arc no disputed facts, it becomes a ques? tion or law for the court: and, upon the undisputed facts, the court sh luid have directed a personal judgment to be entered ?galust the defendant More head, As that Judgment should have been entered ut the trial, it will be ? > entered upon tills opinion being certi? fied to the superior court of Durham county. Petition dismiss< I. SILVER V. MAYOR OF SPARTA. Supreme Court of c; or;;ia. April 21, 1S99. TDK FACT THAT A CITY. AFTER G RANT1 N?S TO A PERSON A LIQUOR LICENSE FOR A PAR? TICULAR SUM AFTERWARDS 13 8UED A LIKE LICENSE TO AN? OTHER PERSON FOR A SMALLER SUM, DOES N>)T GIVE THE FORMER ANY RIGHT OF ACTION AGAINST THE CITY. This was an action , for damages against the defendant city alle;;, i i i have be.-n caused by its action n suing a license to sell liquor to | lalntlff for one year for which he paid the'sum of $1,000, and then afterwards issuing ?' similar license to another pi rson for .? less sum. There was a th ihurrer 1 i the petition which was sustained and plain? tiff a pp ? : !? I. The e >urt says: l. This id a very remarkable ease, and. if the facts averred in the petition be true, a singular and entire mis in? ception of the legal nature of a 1: : ns ' to retail spirituous liquors, its we'd pf the powers and duties of a municipal corporation, exists in the minds of both parties to the caae. In any view of th-.. ease, the demurrer to the petition was properly sustained. The eighteenth section of an act of the general as? sembly entitled "An act to alter and amend, revise and consolidate the several acts granting authority to the town of Sparta, and to etinfer addition? al powers upon the mayor and alder? men of saiii town, and tor other purr poeea," provides that said mayor a:: l aldernien shall have exclusive right t" grant, or. In their discretion, refuse to grant, licenses to toll ma::, spirituous, or Intoxicating liquors within to ? porntc limits or said town, shall pre? scribe the terrr.G on which llcens ? :: be issued, and regulate and control the same." A "llcqhRc'! Is delln? I :?? b tie granting <>f a an sei il privilege one or more persona, not enj >yed by Cit? izens generally, or, at least, not by a class to which the licensee belongs, and three lending id boa are Involved lit the d- iillii in:i -d* .1 "?licence" under the ll(fuor laws: First, it confers a special privilege, or frahchlse, up >h neb ? t persons, to pursue a calling not to all; second, it legaliv.es nets Which, if done without it =; protection, would ho offense against the statute; third, it m a prlviragc, as a part or a system of police regulation, and therein Is dis? tinguishable from taxation. In tho case of it ?ard v. Barrle, ni X. Y. 659, it la said: "These licensed to i-ell liquors are not contracts between the State ami the persons licensed, giving the latter vested right.-, protected on general principles, and l>y the,constitution of the United States, against subsequent legislation, nor are they property. In any legal or constitutional sense. They have neither the qualities of a contract nor of property, but are merely tempo? rary permits to do what otherwise would be an offence against a general law. They form a portion of the Inter? nal police system of the State, arc is? sued in the exercise of its police powers, and are subject to the direction of tho State government, which may modify, revoke, or continue tip in. as it may deem lit." We may. therefore, take it as estahiisbc 1 tint, when a license was issued to tho petitioner by the m tyor and aldermen of the town of Spar:.', she was thereby Invested with no right of property, but that she was only Riven a permit t" otigag ? in tho busl iii ss .?f retailing spirituous ilquors, sub? ject to tin.' controi of the municipal au? thorities of said town, and stich au? thorities had the exclusive right to fix the license fee et stich a sum as in their judgment the best Interest of the people of tiie town required. Having, then, a I crmit to engage in the business, and having clone so according to the tcrths of t'.i" ileense, the petitioner had no right to complain if the constituted au? thorities, In the exercise of the same discretion w'hlch cnused the license to be issued to hrr, granted a similar per? mit to another person. I: is is averred in the petition that the mayor and al? dermen, while requiring from the pe? titioner cash in paymenl of tin- enso fee, accepted from .Marold a tract of hind, of estimated value of Si.f.ou. ami paid to Mandel $500. the different e bi - Iwccn the license f ? and the value of th land. Assuming this to he true, and conceding, as we do; that such action was clearly illegal, bey ad the powers of the Corporation, and of which any citlxen of the town would h ive a right to complain, such act doe* not give her any light, in an action such as is set out In the petition, to have the deed canceled: for. however much Injury such action Plight have done to tho clt? hcemfnt large, .; in no way affected the right of tho petitior.tr to engage In the business for Which she was licensed. It Is trite she alleges thai, by this means and tiio issuance of the license under the e c^rctimntances, she had ? nipo titloti in her business. But, when she applied for and received a license to en rage in tho business of retailing Mpir ItUOUs liquors, site did 80 subject to the power of the municipal authorities of Spart i td grhrtt other licenses tor the same business,?n power which could, not bo alienated nor legally curtailed] by any stipulation or agreement. Whatever may be the effect of the il? legal action alleged in the petition, It is certain that tho petitioner cannot derive any pecuniary b h therefrom in the way of damage,!, nor recover from i-.-, ? municipal authorities any ?Mit (if the sum paid by her as the lb ? ns fee tor the privilege of retailing spirituous1 liquors for the year ism. uh ?! ;? the facts stated in the petition. As fixing the amount of her damages, it is further alleged that, if the corporation St . sr. There's a Time to Sacrifice, And Now's the Time. SUITS. All the too-small and too-large lots. They count up an immense variety of patterns?the nobbiest Fancy Cassimeres and Cheviots. Because we make such an enormous cut. that's no shirking of responsibility. THEY'RE OUR SUITS?and we fully guarantee them to tit perfectly?to bo strictly all wool?to be better values than you can find elsewhere at the regular prices. They are mostly Single-BreaMed Sacks?of some, all sizes?of others, only a f e w._ m want, to Gall Every Parents' Attention to this sale in OUR CHILDREN'S DEPARTMENT THIS WEEK. They are EXTRA SPECIALS?reductions upon reductions?the nearer we clove out a lot?the greater the sacrifice?and the lower the prices fall?the more forcible are the opportunities emphasized. All Suits Marked $5, $6 and $7, FOR a H 8 For All Suits Marked $3.50, $4 and $1.50. 2 3^ ssncd 236 MAIN St. Ii 1 I not issued the license to Mandel, she would have sold $30)000 ,>f liquors during the year, and realized a profit of $!n.inn'. where.is she realized no profit .? t all. If, up to this point, trie plaintiff had made out a ease entitling her to damages, the amount of which was to 1) m asured by the profit s'ae would have made, the petition would still bo. subject to demurrer. Affirmed. Carbolic Acid, C'.e. pint at Trotter's Drug Store, corner Main and Church streets. For Over Fitiy Years MRS. WIKSLOW'S Soothing Syrup lias liT-n used for children wldto tooth' Ins. It soothes the child, softens tlu Elims, allays all pain, cures wind colic, regulates the stmach and bowels, and Istha liest remedy for diarrhoea. Twenty live cents a houi<\ sold by all druggists throughout the world. $$i>> DR- ANNA CiERM, I7 Wfsn of hint, rciniie. v,-c. I V Afi >4 ??Wo ooiiioouml fSf , iHZfflH fem.ilu Cuittnl.-ilni* \ '?ViKMl ,: 10 Mlly Welt? ??'rfy'rillo V\iv?? without cnii 'ty- "Sir*;\\L*:Lm Sf ?W3 13 llaltiniote UuJMinoi c. tij. www wro? wm. m, www mm?? mm m m i. SPECIAL! 25c. Dress Goods for \2':C. \ This tine cnilx)dics a Rood assort- j ment of all-wool Dress Goods, hi \ both black and colors. ' Cut this out and note (hi Give us a call Monday and get some valuable points on__how to economise hi your Dry Goods buying. Note the four startling SPECIALS in the four comers oi this announcement. These are for Monday only. film???????!!??????????!???1 SPECIAL! Our oittlro stock of Ladles' and Gents' Neckwear, consisting or s:.tk and Satin Dows iir.it String Tics, all colors, one w. ek, told before for less than 23c.?to Sc. Else In. Goods Have you visited this peerless department lately ? If not you are standing woefully in your own light. We are showing all the latest weaves in both plain and fancy fabrics and offering them at surprisingly low figures. Give us a call and we will place greal bargains within your reach, no matter how flat your purse. . We mention a few : 4S-lnch Russian Serge?cheap at 51.00 ?yours for 73c. 62-inch English Serge Suiting, haul finish and splendid weave, 7.">e. 44-Inch Kreuch Cashmere Serge, very fine weave, worth 73c, our price 59c; 44-inch All-wool Littstcrless Granite Cloth, very handsome, 50c. 40-inch Nun's_Cloth, jet hind; and very stylish, 50c nines Common linings that stretch and fade often spoil the effect of an otherwise handsome suit. Our customers never have these troubles to contend with. We call your arteniion to a few arti? cles contained in this depart? ment : 40-inch Sponged Irftmb's value; can't be beat?60c. Hair?big Caihb .-?.11 Many r.the appreciated that must be :;con to be 8- DOZIER r.est dressmaker) colors. 4c. French Twilled Selisias, 10?. Those popular Near-silks, that look like silk and wear better, 13 and 20c. Canvas for facing, nil ;;r.id<:;, all shades and nil :>rlccs. Hustle Linings in abundance. We are headquarters for Hair Cloths of all kinds?English, Fraiich and domestic. A peep at tliT.e article.", whjch con? stitute the foundation and fuudam ntal part of "My ready's Robe," will con vinco you of their morl'.s. Table Furnishings. This aggregation in our estab? lishment has reached the summit of excellence. We are showing the best things and giving the biggest values, embodying the most desirable commodities of both domestic and foreign mar? kets. A daintily furnished table always sharpens the appetite and improves the flavor of the viands. Let us fit you oul in tableware. We can do ii to your entire sat? isfaction and for a surprisingly meagre consideration. Note the following: 72-inch extra heavy Show White Scotch Damask?pure linen; dainty de? signs; very lino etuullty and will wear; like lent It x? cheat) at $l.D0, our price $1.00. 72-inch Imported Damask, all linen? the $1.00 kind wo are offering at 7."?e. This in a very popular .number and is way above oompetitloh. Our extra wide All-linch Damasks, at .'ft and 60c, nre far above the average. Many others, for many prices, both higher and lower, than the ones men? tioned. . DO! S, BT El & :.t . U % 0 In fitting out your household this .article, with its many uses, plays no unimportant part. COOD flannels at low prices are hard to find, but we are showing them in abundance, in all shades, all widths, all weights and all degrees of fineness, and at prices the mere mention of which will soothe any troubled spirit. We have handled flannels from every mill of any size in the csuntry, consequently know the best values and procure them di? rect from the manufacturers and in large quantities. We are showing a splendid line of embroidered flannels at prices that are simply sensa? tional. Blankets. When buying your blankets for the cold winter that's coming consult your own interest and see our line. We are showing a large and varied assortment of these essen? tials at rock bottom prices. See the five dollar ($?.00) tine svool blanket for sale here at 53.98. These are new and fresh goods just from the mill, the 11x4 size, and each pair will weigh full five pounds. They come with pink, blue and red borders, and are as soft and tine as the lamb's coat itself. Remember the price, 53.98, and this is ??.00 value. S. DQZSER. S. DOZIER, r SPECIAL! J Fine Crocheted Quilts, full size, A the regular St.25 kind, for the rjdicu- K, jj Ions price of y i o 19 Is 206 Main Street, = = Academy of Music Building. Cars stop here. Phone S22. I SPECIAL! l , V a ()ne $55 Domestic Sewing Machine, ^> just from the factory, a noiseless run- t\ ncr, only this one will be sold for [