davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1901-10-22
EEK PARTE MILLER.

Petition for writ of mandamus or pro-
 l. Inipnction: acts committed before injunction bond given not d breach of unctton-Whcre an injunction bond has been granted, but Is not to go into effect until the bond is executed acts done between the time of granting the injunction and the execution of the required bond. do not constitute a breach of the injunction. placing the defend ant in contempt of court, although such acts would be violative of the writ if it had become fully operative.
 2. Same; same-Defcndants in a suit where an injunction has been issued cannot eva 1e, the responsibility for vio- lating the writ of injunction, by doing through subterfugo. that which in terms is not violation of the writ yet pro- duces the same effect by accomplishing Suh'tantially that wkich they were en joined from doing.
 3. Sdmt: suing out writ of possession t1 ejectment suit violative of injunction contempt of court-Where upon bin filed to enjoin the defendant from the further prosecution of a suit in eject ment. an order is granted authorizing the issuance of write of injunction up on the execution by the compliments of a bond conditioned and payable as provided by law, and between the date of the order granting the injunction and the executions of the bond, judgment is recovered in the eJectment suit. but not until after the injunction bond has been executed and the writ was served upon the defendant, is the writ of pos- session issued upon the judgment in the ejectment suit under which the com plainants are dispossessed of the lands involved in the controversy, such act on the part of the defendant in suing out the writ of possession, constitutes a breach of the injunction. and subjects him to the penalties of contempt, in disregarding the orders of the court.
 4. Same; same; same-It is no objec- Gfon to the contempt proceedings in such a case that there was pending at the time of the filing of the petition for an attachment. in the contempt pro- ceedings, a motion involving the equities of the bill, which had not been dis posed of.
 5. Same: same; same-Gn such a case, 1t is not necessary for the defendant to be served with notice of the contempt proceedings, when he appears and de- fends against such proceedings.
 Mandamus denied
 Opinion by HaralsOn
The Montgomery advertiser., 1901-10-22
NASHVILLE x DECATUR RAILROAD
 co V. THE STATE.

Contest over Assessment of Property for
 Taxation.-Appeal from the Circuit
 Court of Limestone.
 l.. Assessment of railroad property; Jurisdiction of State Board of Assess ment-Under the provisions of the stat ute Code, Secs. ss67: 396S). the State assess only such items of railroad prop erty as are, under the law. required to be returned to the Auditor by the railroad companies,
 ! ?. sarne same.--It iH of no consequence how indispensable said property may be to the operation of the railroad, or what is the character of such property, If 1t is not by the statute, required to be re- turned to the Auditor, the State Board of Assessment is wholly without jurisdic- tion to assess it. and 1t must be assessed by the tax assessor of the county where in such property is situated.
 ]. Same: same: what property should be returned.-Under the provisions of the statute providing that railroad companies should make returns to the Auditor or certain property, and that the State Board of Assessment can assess only the property so returned Code, Secs. SSe4- 39e), said State Board of Assessment has no Jurisdiction to assess any property of the railroad companies, except the right of way. the road bed, side-tracks, main tracks, together with locomotives and cars and supplies carried on trains for sale to employees
 f. Same; same; same; meaning of right of way.-'rhe words right of way used in the statute for describing the items of property of railroad company re ouired to be returned to the Auditor for the purpose. of being assessed for taxa ton by the State Board of Assessment. mean only the easement of the railroad in land over which it had right of way, and pot occupied by it's main track ck property as may be situated or located upon the right of way; and; therefore: structures of all kinds on the right of way and owned by the railroad company is property assessable by the assessors of the county in which such property is found. +-
 4. Same; same: same.-Depots, plat forms, station houses or water tanks owned by~a railroad company and sit,lat- cd on it's right of way are not subject to be assessed for taxation by the State Board of Assessment. but must be as- sessed by the tax assessors of the coun- ties wherein such property is situated; and this is true. although such property, is indispensable anC essential to the op-' eration of the railroad.
 Affirmed
 ODfniOn bV Tyson
The Montgomery advertiser., 1901-10-22
woFFoRD " MEEKS ct al. Action against Publishers of Newspaper !. for incl "A meal from the City

w.. Action against Publishers of Newspaper for Libel.-Appeal from the City
 Court of Gadsden.
 1. When publication libellous per se.- publication which imputes to public officers the prostitution of the public finances for wicked, corrupt or sel1lSn motives. and charges that in awarding contract which their duty requires, they gave the preference to person or tneir political faith. when his bid exceeded the offer of another. solely because he was of their political faith, Is libellous. per SC.
 2. Same: case at bar.-The publication in newspaper. with the, heading ''Wholssale robbery-the way Etowah County taxpayers money goes, and which, after reciting instances, which, If true. show the prostitution of The Coun- tvs, funds by the commissioners or the county then states that in several fn- stances where bids were received for con tracts. the contract was given to the highest bidder. and by way of explana- ton of this it is stated that the person who got the contract was of the same political faith as were the commissioners and he had rendered more party ser vice" than the other bidder, is libellou: per SC and actionable.
 8 Libel; actionable when referring ts particular class.-Where a libellous pub lication is directed to a particular clas' of persons. each of the persons compos ing the class, or any one of the class may maintain an action therefor. upor showing that the words applied to him.
 3. Same: same: commissioners court.- Where a publication is directed to the commissioners of a county. any one oi the commissioners may maintain an ac- ton to recover damages for such publi- cation.
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1901-10-22
TRUITT V. CROOK. Statutory Claim Suit.-Appeal from the City Court of Anniston.

i. Assignment of insurance policy; void if for security merely though absolute in form.-Where the transfer or assignment of an insurance policy. after the loss, but before the adjustment, though absolute and unqualified in form, is in fact made merely as security for an indebted ness of the assignor to the assignee, there is reservation of benefit to the as- sgnor and such assignment or transfer is void as to his other creditors.
 2. Same; same; case at bar.-Where an insurance policy, after the loss has oc- cured hut before the adjustment thereof has been transferred or assigned by the assured to a creditor, with the under standing that if less than enough was realized from the policy to pay the ls- sureds debt to the assignee. the amount so collected on the policy was to be cred ited on the debt. but if more was real ized than was sufficient to pay the debt the surplus was to be returned to the as- sured such an assignment will not be held to be security for the debt, as op- posed to an absolute conveyance; but such assignment is valid as to other crcd- itors.
 Affirmed
 Opinion by Tyson. J.
The Montgomery advertiser., 1901-10-22
-TINNEY V. CENTRAL OF GEORGIA

TINNEY V. CENTRAL OF GEORGIA
 RAILWAY co.
 Action against Railroad Company to re-
 cover Damages caused by Firc iron
 Sparks from ocomotive.-Appeai from the Circuit Court of Shelby.
 l. Appeals; when rulings upon demur- Ter will not be reviewed.-When the rul- ings upon demurrers are only shown by a record entry, apparently copied from the bench notes of the trial judge. that 'defendant's demurrers to the first count defendants demurrers to the second count are sustained," such entry does not constitute a judgment upon the demur- rers, and will not authorize review of the rulings thereon by the Supreme Court on appeal.
 ?. Action against railroad company to recover damages caused by fire, alleged to have resulted from sparks emitted from locomotive; when plaintiff not enti- tied to. recover.-In an action against a railroad company to recover damages re- suiting from fire, alleged to have been caused by sparks emitted from a loco- motive running on the defendants road, where in the complaint the plaintiff al- leges that the defendants train was so carelesSy and negligently operated that sparks Of fire from the locomotive draw ing said train set fire to and destroyed' the plaintiffs property. and that by reason of said carelessness and negligence in operating its train the plaintiff has sustained" the damages claimed but there is no averment in the complaint of any defect in the locomotive, or want of prop CT appliances on the locomotive to pre- vent the escape of sparks in dangerous quantities or of dangerous size, the plain tiff is not entitled to recover upon the bare proof that the fire which destroyed his property was caused by sparks emit ted from a passing engine; and the giv- ing of the gene ,'al affirmative charge for the defendant upon such proof alone is free from error. CTyson and Sharpe, JJ., dissenting)
 | Affirmed. e.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1901-10-22
.s~~~*~~**.~S .
 ;. HEAD NOTES OF THE DECISIONS OF THE ALABAMA SUPREME COURT.

he contractual dispositions do not pre- .ent the creation of an equitable estop- ,el by acts or declarations made by the ,wner of such property
 3. Same; same; equitable estoppel- Where deed conveying a right Of way to a ra:lrcad company Is invalid by req son of it's not being executed as required by the statutes to convey homestea ad, but the owner of said homestead allows the railroad company to>proceed to To- cate and construct it's road on his lands and to 1e2pend large sums of money for this purpose and in the improvement of terfering or forbidding it. to proceed. such owner; is equltebly estopped from asserting title in the lands so occupied by the railroad company, for the pur- pose of maintaining a suit which would take from the said company it's improve ments, as we'll as the easement for the operation of it's trains. ss.
 1. Equity pleading; cross bill necessary for defendant to obtain affirmative re- Iief--As general rule, before the de- fendant in chancery slfft can obtain plainant. it Is necessary that he should file a cross bill, or make his answer statutory cross bill
 5. Same; same: bill to enjoin an action of ejectment-Where a bill is filed by railroad company against the owner of lands across which its road Is construct ed, to enjoin the defendant from the prosecution of an action of ejectment, to 1T railroad the court will not. in the ab- sense of a cross bill asking such affirm ative relief. provide in its decree for the payment of compensation to the defeDd- ant for the lands so occupied by the com plainant-
 6 Purchaser at judicial sale; what he acquires-The purchaser at judicial sale acquires no other or greater interest in such property than was possessed by the original owner at the time ofSthe sale, and is charged with all equities adn existing defects in the title. '. Bill to enioin action of eJectpent; ; proper decree-Where a bill is filed by a railroad company to enjoin the prose- cution of an action of ejectment to re- cover from the complainant the lands occupied by it as it's right of way, and an equitable estoppel is set up as ground for the relief prayed for. and the bill ayers that the complainant is occupying as a right of way strip of land one hundred feet wide, but the defendant denies this in its bill and the proof shows that the lands used by the defendant for railroad purposes is not as much as fifty feet in width. upon de- cree being rendered in favor of the com plainant, the injunction should apply only to, that part of the land which was occupied by the defendants road bed including it's cuts, fills, etc.
 Affirmed
 Opinion by Sharpe, J. .
The Montgomery advertiser., 1901-10-22
CORNWALL LEAVES CANADA.
Prince Alexander of Teck the Victim
 of a Robbery.

Halifax. Oct. 21.-Duke and Duchess of Cornwall and York left Canada this morning in q heavy snow storm.
 Prince Alexander of Teck was the victim of robbery yesterday, a gold watch an heirloom, which had been in the family for generations. and a purse filled with sovereigns having been taken from his cabin on the royal yacht Ophir.
 The Duke of Cornwall and York has Minto, the Governor General of Canada, in which he says he Is anxious to make known through him with what regret he and the Duchess bid farewell to people who. bv their warm heartedneas and cordiality have made us feel at home amongst them from the first moment of our arrival on their shores"
The Montgomery advertiser., 1901-10-22

the credit of the husband. Subsequently the money 50 put to his credit was draw out by the husband and used in the pay ment of his own debts and for other pur poses of his own. The husband was with out authority to indorse the check for and in the name of his wife. The check was given by the lender of the money to the wife, and the money collected on 1t was ' a mortgage upon the wife's property. which mortgage was duly executed PH her The purpose of the wife In obtaining the loan was to raise money to pay on her husbands debt and enable him to carry on his business, and she knew that her husband had gotten the money on the loan for such purpose. Held: That the wife can not maintain an action against the bank for money had and received.
 Reversed and rendered.
 Oninion by Mcclellan. c. J.
The Montgomery advertiser., 1901-10-22
HENDRIX V. SOUTHERN RAILWAY : COMPANY.

Bill in Equity to Enioin Action of Eject
 ment-Appeal from the Chancery
 Court of Cherokee.
 l. Equitable estoppe; when owner of land estopped from maintaining eject ment-When the owner of land has knowledge of the fact that railroad IS proceeding to construct its road on his land and allows it to expend large sums of money for this purpose and for sub, sequent improvements upon said road bed and right of, way without interfering or forbidding the company to proceed such owner is estopped from eVicting the railroad company by action of elrctment'
 , Homestead; exemptions; when ap- proDerty-The constitutional and statuto- " requirements respecting the convey ance of a homestead apply only when
The Montgomery advertiser., 1901-10-22
FIRST NATIONAL BANK OF GADS
 DEN V MORAGNF.

Action for Money Had and Received
 Appeal from the City Court of Gads-
 den.
 1 Action for money had and received; when can not be maintained-In an ac- ton by a married woman against haS1k for money had and received, the follow ing facts were disclosed: A check was drawn. payable to the order of the p'ain- t:ff and delivered to her husband. The husband presented the check at the de- fendant bank unindorscd by the pay 'e. | Upon his attention being called to this fact. the husband, pretending to have au- thority to indorse the paper for and in the name of his wife. wrote on the hack of the check his wife's name per him self ThereuDor the defendant bank cashed the check and nut the money to
The Montgomery advertiser., 1901-10-22
WELLS STILL
 ON THE STAND
(Continued from Page one.)
nianatches as Testimony.

Dispatches as IeSLlmOuy.
 MT. Hanna then put in as testimony dispatches Nos. 5 and both from Ad- miral Schley directing a strict blockade at Cienfuegos and the latter enclosing the MoCalla memorandum. The witness was again questioned concerning the receipt of more than one copy of the McCalla memoranda, but he maintained that he remembered only one copy at the same time admitting the possibility of the re- ceipt of another copy.
 Asked when he had first seen the dis patch introduced by Captain Cotton, the witness said he did not remember to have ever seen it. This Is the dispatch sent to the Harvard saying that the Spaniards were probably at Santiago. MT. Hanna said that he had not been able to ma the original of this dispatch among Ad- miral Schleys papers. He remarked ln- cidentally that there were others or Ad- miral Schley's papers missing.
 Going back to arrival of the Dupont and Iowa on May %, the witness said it was possible they brought dispatches and also possible that they brought the Mo- Gala memorandum. Still he thought that if there had been duplicate copies, they woulI have been found among Ad- miral Schley's papers. MT Hanna then questioned Lieutenant Wells closely about Admiral Schley,s- papers and he repeated
 
 turned them over to Admiral Schley in 1898, he had not seen them until he saw them recently at the Navy Department. Under what circumstances did you ex- anime them at the department?"
 T examined them to make copies of certain papers. They were handed to me and I made such copies as l desired
 Lieutenant Wells repeated his testimony concerning the departure of the flying squadron from Cienfuegos to Santiago He said the Commodore had made no special communication to him that he meant to take his imminent departure for Santiago. but that he had gotten the inn pression from letters and dispatches writ ten then by Commodore Schley, that 1t was his purpose to leave the night they did. Lieutenant Wells said that he had never had any conversation with Com nodore Schley concerning the retrograde movement.
 Heading for Santiago
 My own idea was that we were head ing for Santiago" he said. He remem- bered discussioRs as to the possibility of going to Goravfves Bay to coal, but his recollection was that it was only to be done in certain contingencies.
 Among other dispatches read by MT. Hanna and one which the witness was questioned was one dated May 2Sth from Commodcre Schley to the Navy Depart ment giving Information of the capture of the Restormel with coal for the Spanish fleet. This was the day of positive location of the Spanish ships in the haroor at Santiago MT. Hanna asked:
 What was the purpose of Commodore Sch hley in regard to the Colon on May GIsto"
 "i.i7 idea was to go in and fire on her with the larger guns, hoping [" ost shsf
The Montgomery advertiser., 1901-10-22
Mississippi Manufacturing,

Washington, Oct. 21.--A preliminary statement concerning the manufacturing interests of the State of Mississippi was issued today by the Census Bureau. The statement places the value of the manu- featuring products for the census year of 1900 a $40. 429, 600, an increase of 116 per cent over the production of 1890: the num- Der of manufacturing establishments at 4'G3, an increase of 1S1 per cent the av- craze number of wage earpers employed at z6 433. an increase of g. per cent; total wages. S47S.644. an increase of 52 per
The Montgomery advertiser., 1901-10-22
McALEsTER MANUFACTURING GO. V IcI NIs IIfIfHE, COTTON & IRON co

MICA LEST Ell AAIN'J AL U RlLN1 SN'' "
 FLORENCE COTTON & IRON co. Action to recover Subscription for Stock
 in a Corporation.-Appe from the
 Circuit Court of Lauderdale.
 l. Powers of corporations; subscription to stock of another The power conferred by statute Code, Sec. 1256, sundiv. 8 up- on corporations organized to buy, sell or improve lands, "to invest their money or other property or assets in enterprises which they deem calculated to advance their interests" does not authorize such corporations to subscribe for stock in prospective corporation, neither does the power ito loan money to individuals or corporations. buying, leasing or making improvements on or near their lands. '' nor "to receive certificates of stock. notes bonds, mortgages or other security for such investments or loans. authorize such subscriptions. ?. Same; same: ultra wires contract.-A contract by corporation vested with such powers for subscription for stock in a prospective corporation Is ultra wires and void. 3 Error without injury in giving and refusing charges and rulings on evidence. Where the undisputett facts authorized the general affirmative charge for the de- fendant this court will not consider at the instance of the plaintiff the giving end refusal of charges or rulings on evil dence, since. if erroneous. they were without injury.
 Affirmed.
 Opinion by Sharpe. ],
The Montgomery advertiser., 1901-10-22
Grau Company at Louisville.

Louisville, Ky. Oct 2l.-Before an au- dle9ce that taxed the capacity of the Auditorium, the largest. building of it's Kind Tn Louisville, the Grau Opera Com pany tonight began its tour of the South. Nine Calve, to see whom ticket buyers seemed to be especially desirous, re- men. The cast included also Mime Raucr- meister and M. C,ilhsrt
The Montgomery advertiser., 1901-10-22
GRAY E,r AL. Y. DENsON.

Bill in Equity to Enforce Subrogation-
 Appeal from the Chancery Court of
 EtOwah.
 1. Purchaser at Judicial sale; what he acquires-The purchaser of property at n judicial sale acquires no other or greater interest in such property than was possessed by the original owner at the time of the sale. and is charged with all equities and existing defects in the title; and such purchaser can enforce no rights which the original owner did not possess.
 ,. Same; not entitled to subrogatlon- One who purchases land at a sale under an execution issued upon monied judg- ment, in paying the purchase money pays his own debt and not the debt of the obligor against whom the judgment was rendered; and, therefore, such pur- chaser is not entitled to subrogatlon.
 Reversed and rendered.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1901-10-22
DOBSON V. HURLEY ct al. Bill in Equity to Foreclose Mortgage Appeal from the Chancery Court o


 Randolph. i. Chancery pleading; sufficiency of plea of res adjudicata.-In bill filed to foreclose mortgage. where the defend ant interposes plea of res adjudicata. in which 1t is averreG that in suit in the circuit court upon a note, to secure the payment of which the mortgage sought to be foreclosed was given. 1t had been judicially ascertained that the de fendant was not indebted to the com plainant. and the judgment in the suit in and it appears that fin an action in the circuit court there was interposed the plea of the general issue, of payment. and of the statute of limitations. and that verdict was rendered for the defend ants, and 1t was not negatived in the plea of res adjudicata that the verdict was not found upon the plea of the stat ute of limitations. such plea Of res ad1u- dicata is insufficient.
 Reversed and rendered and remanded.
 Opinion bv Sharpe. J.
The Montgomery advertiser., 1901-10-22
Faulke Said to Have Accepted.

Washington, Oct. 2.-It is understood that William Dudley Faulke to whom the President on Saturday rendered a mem berahp on the Civil Service Commission, vice Major John E. Harlow. resigned, had ssrepted the appointment ~
The Montgomery advertiser., 1901-10-22
WARNINGoTO MEN.
aaaHMM x1azaszzn

Nine men out of ten sooner later suffer from overwork, a strain the nerves, worry. ex cesses
The Montgomery advertiser., 1901-10-22

When chan has q chance to get horse cheap he ought to drive the bargain.
The Montgomery advertiser., 1901-10-22
DO YOU LOVE YOUR
 HUSBAN ID?


 bark and herbs; pleased money it? million Caets soc months oi Remember tablet stamped
  satisfied Sterling York;
The Montgomery advertiser., 1901-10-22
Atlanta, Ga.

Yes, of course, you do, and you want him fo live and enjoy life, the good things you can give him? Then help him liI rightl When his skin gets yellow and he looks bilious, his eyes red and watery, his breath smells bad, 9S times out ol 100 his liver is logy. Now, if you want a man to look well, feel we'll and be well, keep him in regular habits! Give him plain, wholesome food, and make him take Cascarets to stir up his liver. Big doses of salts and strong medicines mae