him of rest, was a sufficient recompense for the sacrifices he made, admits at least of a very grave doubt, and whether the effects of these labors did not tend to shorten his life is a still more serious question. For three years he was an honored and useful member of this court. As a judge he was conscientious and laborious. He made it a point to understand fully the facts of the case before him, and to find them out he dug deeply into the records. His decisions are clear and concise, and bear the evidences both of learning and labor. It was characteristic of him always to do his best; whatever he undertook he considered should be well done, and therefore he gave to it all his ability. For this reason Judge Crawford never made a failure. In whatever position he was placed he appeared to advantage, because he made it a point always to succeed. This rule he carried with him upon the bench, and its effects can be seen in all his decisions. At the close of the last term of this court, and after finishing up all his duties, Judge Crawford returned home for rest and recreation He had planned an extensive tour for the summer, and was looking forward to it as likely to afford both benefit and pleasure. Though never a robust man, yet he had by great prudence and self-denial so preserved his health and strength as to be still in the full enjoyment both of bodily and mental vigor. His fellow citizens held him in high esteem, and considered him worthy not only of the honors already received, but of still higher positions of trust. Truly it can be said that he was in the very midst of life. No man seemed more secure in the present or more promising in the future. Thus did he return to his home and meet his family and friends. But whilst their greeting was still warm, and he was still in the very bosom of his family, he was stricken with disease. For days and weeks he lay upon his bed. All that skill could suggest and loving hands could execute, was done for him; but slowly and steadily he wasted away, until on the 22d day of July, 1883, and just as the Sabbath day was drawing to a close, Martin J. Crawford died. He was buried in the cemetery at Columbus, where he was so highly esteemed in life, and where his name and memory will ever be honored. The public life of Judge Crawford was one of which his family and friends are justly proud. It was without spot or blemish. His hands were clean, his character unsullied. In 1842 Judge Crawford married Miss Amanda J. Reese, a sister of Judge Augustus Reese, of Morgan, and lived with her in great happiness for forty-one years. By her he had five children; the first died in its infancy, the second just as she was budding into womanhood. His three sons survive him, and to them he leaves as the richest heritage, a spotless and honorable life. As a husband he was loving and true; as a father he was watchful and kind. His wife was his onfidant, his boys were his friends and companions. His knowledge of the world, his strong common sense and cool judgment, rendered him a most valuable counsellor and friend. His keen sense of humor, his genial manner and extensive information, made him a most desirable companion. In the highest and best meaning of the word, Judge Crawford was a gentleman. He was incapable of a mean or unworthy act. With him the question was, "What is the right thing to do?" And in coming to a conclusion, he did not allow his interests to control his judgment. The public good was of greater importance than his own, and he preferred to be right rather than to be popular. The life of such a man is a blessing, not only to his family and friends, but to the whole state, and his death is a public calamity. These facts the committee submit to the court and respectfully ask. that such action may be taken as will testify to his family, to his friends, and to the public, the appreciation in which this court has to the character and services of MARTIN J. CRAWFOrd. JOHN PEABODY, Chairman. L. E. BLECKLEY, A. M. SPEER, W. A. HAWKINS, WM. M. REESE, A. T. MCINTYRE, JOHN W. H. UNDERWOOD, HUGH BUCHANAN, Chief Justice JACKSON responded as follows: Committee. Gentlemen of the Bar: In responding to the report and resolutions in honor of my deceased colleague and friend, respect and affection mingle in my thoughts. Respect, because in a long and useful life, he added lustre to a name already famous in the annals of Georgia. Wm. H. Crawford, George W. Crawford, Martin J. Crawford, the last of a trio which made one name illustrious and illustrative of the state, has gone. The first, a senator in congress, American minister to France, secretary of the treasury of the United States, and prevented only by a stroke of paralysis from the presidency of the Union, went to the grave full of honors as of years, with Georgia's ermine around him as Judge of the Northern Circuit and president of the convention of judges when they assembled in banc to make the final exposition of the law of the state, prior to the organization of this court. The second, representative for years in the general assembly from the county of Richmond, governor of the state, secretary of war of the United States-as law-maker, as chief magistrate, as cabinet minister, contributed to the glory of the Crawford name, and added rays to the star which represents Georgia in the constellation of the old thirteen states, set by the fathers to shine forever on the cerulean canopy that covers freedom as it floats over land and sea. The third, the subject of your memoir, representative in the general assembly, Judge of the Superior court of the Chattahoochee circuit, representative in congress, delegate from Georgia to the convention of southern states which made the Confederate Union, participant in peace and war in that second struggle which "tried men's souls," commissioner of the Davis government to Washington City to adjust, if possible without bloodshed, the relations between the two governments, Justice of the Supreme Court of this state and martyr to duty to Georgia on this bench and in yonder room, where midnight oil burned to light legal lore and developed opinions stereotyped on the pages of Georgia reports, showed, by his whole life, that the blood of the Crawfords in him fed a brain as sound and a heart as true as those of the kinsmen he had buried. The courteous gentleman, the incorruptible magistrate, the laborious judge, the conscientious guardian of the rights of all, the firm follower of honest conviction, wherever it led, the pure patriot, faithful to Georgia in the anguish of her defeat as in the pristine pride of her unpolluted sovereignty, the true friend, the contemptuous scorner of hypocrisy and guile, the husband with a single love, the father with tender sympathy and painful anxiety, the hater of vice and lover of virtue, "the chevalier without fear and without reproach," the last of the eminent Crawfords, has gone "to that bourne whence no traveler returns." Georgia will never embalm with her tears a nobler patriot or a purer man. Of all the sons left our beloved State to weep over his bier, I shall miss him most. The lines of our lives first touched each other in the springtime of aspiring manhood-he a representative in the legislature from the county of Harris, I, from the county of Walton,the home of my youth, the nest that warmed a fledgling's ambition, the spot of earth dearest to me. There at Milledgeville our first acquaintance was made. Ten years thereafter, those lines converged again in the city of Washington, both representing there the commonwealth of Georgia. The strong attachment of both of us to Howell Cobb, then secre tary of the treasury, drew us often together at the hospitable hearthstone of the grandest specimen of big-headed and big-hearted humanity I have ever known; and there the ties of youthful acquaintance were drawn into a knot of friendship never to be severed. In the evening of life we met again closely and cordially here, and everything I see reminds me of the friend I have lost. His seat on this bench, yonder rooms we occupied together, my evening walk hence to my home in which almost daily he accompanied me part of the way, the sitting-room there to which I loved to welcome him, the annual commencement of the Georgia University at Athens in our vacation, where we met and whiled away pleasant retrospections with Professor Browne, of old Washington city scenes before the war, at business here, at home with my family, in the Chief Justice's room where we worked together, in the annual holiday of the week's reunion at General Browne's at Athens, free from care of cases and search for legal truth, here, there, everywhere, I miss the friend I shall see no more on earth. All living things remind me of the dead. Scarcely a day passes that something does not recall this friend of a quarter of a century. And if I visit the city of the dead, memory brings Crawford vividly before me, as his heart melted and his bosom heaved and tears flooded his face, when at his request I showed him the spot where all that was earthly of Howell Cobb was mouldering beneath the sod! A brave heart is ever as tender, gentlemen, as that which beats in woman's breast; and beneath that faultless dress, that dignified reserve, that calm exterior, that unruffled courtesy, which characterized him, whose obsequies as a Court, of which he was an erect, strong and polished pillar, we solemnize, palpitated a heart full of human sympathy and devoted friendship. Long may love's flowers bloom on his own grave and friendship's tears freshen their fragrance! Let the memorial be entered of record on the minutes of the court, and let the court be now adjourned in honor of his memory. Justices Hall and Blandford expressed orally their concurrence in the sentiments of the Chief Justice, and their esteem and respect for Judge Crawford. INDEX. ABATEMENT. 1. Misjoinder and non-joinder are matters for plea in. Merritt 2. Former recovery, when pleaded. Ibid. 3. Pendency of former suit, when pleaded. Ibid. 4. Pendency of former suit good in abatement; except when. 5. Aliter of scire facias to make parties. Ibid. ACCOMPLICE. See Criminal Law, 37. ACTIONS. 1. Sue for estate of decedent, right in administrator. Mason et al. 2. Heirs may sue, when. Ibid. 3. Right of action after suit brought, not make good. Ibid. 5. Impounding cattle wrongfully by city marshal, remedy of own- er. 6. Sci. fa. to make parties is not new suit, but continuation of old 7. Homicide of father, adult son cannot recover for. Mott vs. Cen- 8. Substituted debtor to pay part of note, right of action against 9. Against county for bad bridge, constitution of 1877 not affect. ADMINISTRATORS AND EXECUTORS. 1. Demise in name of S., executor, bad, title being in S., trustee. 2. Deed and order of for sale show title, without producing let- |