The Montgomery advertiser., 1901-11-21
fABRITIS WILL APPEAL
FRUIT STAND MAY STAY ON
 CORNER MANY MONTHS.
The Supreme Court Must Decide the Knotty Question, "who Shall
 Run the Fruit Stand at Com
 msrce and Montgomery sts'' -S

Pietro Pennacchio, uncle of Antonio f@tritis, was overjoyed when he learned yesterday that Judge A. b. jayre of the City Court had dissolved the tenn poisry injunction granted by Judge w: Il. Thomas restraining the city from re- moving the fruit stand of Antonio Fab ritis from the sidewalk at the corner of But Pietro PtDnac silio, uncle of Antonio Fabritis. will be sad this morning when ne learns that owing to the cruel, aye, unmerciful system of iurisprudence ob- may Continue to defy, the city of Mont gomcry for many months to come.
 Pietro Psnnacchio. has grudge against Antonio Fabritis. By the same token 1t enmity toward t'ncie Pietro. The uncle is wholesale fruit merchant. The nephew Is a retail fruit merchant. The nephew has ceased to- buy from, the out of business. The uncle rented the stand of the nephew, paying twice the rental the nephew was paying. Nephew Fner, deeasd Ms. ,G move s0rss hasdS, persistent. Move. h1 would not. Tue landlord appealed to tho Mayor of Mont gomery. Fabritis went on his way sell ing bananas. The Mayor appealed to the
 No nova" said Fabrisis.. -.f ;g.
 The Chief of Police was yexed. He sent officers 70 beseeeh Fabritis to move.
 SS si snbr s ht anESaEe iS he had read Poe's poem of the laconic- ally inclined raven. he could say nothing but 'Nevermore."
 Fabritis tired of being annoyed in his sages from their Chief and 80 the Italian sought lawyer. The lawyer sought relief in the courts and Judge Thomas granted an injunction restrain ing the city from interfering with Fab ( -.
 asacristi," shrieked Pennacchio when the bad news was borne to him. ,"I gefsa da hotta end of da stick. Montgom "a, him out da stan in a fiva min 1T os
 Then the Indignant Italian threw spotted banana; at hts store cat and car Days went by Tuesday Judge Sayrs set aside the temporary Injunction an, nouncins that 1t would be dissolved nex'
 Then Pennacchio was glad. - -
 He will have some more trouble wheI he learns that the lawyer repreeentinf Fabfitis will this morning file bond ant give notice of an appeal to the .s. ssprsm' yi, continue in litigation for. many montni and that while it' is pending Faoritii will occupy the stand at the corner O
 Commerce and .Bibb Streets ,, ing in its effect. He says in substance that no person has Tight to obstruet tn. sidewalks, and that such an opstrucuol is ar nuisance which must be removed upon the complaint of any citizen. ' the Supreme Court should sustain tn. opinion of Judge Sayre the controvers, between Pennacchio and Fabrits may re suit in all of the fruit stands in thu city being removed from the sidewaiksy, |, Mayor Joseph was asked yesterday | he would permit Pennacchio to oscep' the corner of Commerce and Montgom cry Streets in case Fabritis was removed He replied that Fabriis had not ye
 been removed. adding that this was matter that would have to DC oecide' had placed the fruit stand at his dis As the matter stands Febriis will DC. cupy the stand until the Supreme Cour' decides the case which may DC ''ah' months. h'