davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-05-16
opinion by Mcclellan. c. J.
SOUTHERN RAILWAY co. v. JACK
SON.

Action by employee aag1nst railroad
company to recover damages for per
sonal irjuries-Appeal from the Cir
cult Court Of Calhoun.
1. Bill of exceptions; when stricken
from the file on appeal-When ball OF
exceptions. copied in the transcript in
case on appeal. contains a. verbatim tim
nesses and further contains much that
was in testimony, such as remarks or the
Judge and of counsel, questions not an
swered and rulings not excepted to-.
which was wholly unnecessary TO be con-
eidered by the appellate court IN passing
on the questions presented for review.
there Is such fragrant violation OF the
ton Of bill of exceptions Code, p 1921.
Rule 3s) that such bill of exceptions Wa.
upon proper motion made. be stricken
from the transcript.
q Action against railroad company for
negligence; sufficiency of complaint-In
an action against railroad company
by an employe to recover damages Tor
personal injuries sustained while the
fsndart. a complaint which AYERS that
at the time of receiving the injuries sus-
tanned the plaintiff was in the discharge
of his duties as conductor OF switch
engine. ala while assisting in getting out
ears from the yard of the defendant
then AYERS that after said cars had been
coupled up. he gave signal to the en-
E.nee.. tc pull out, and then got on a
4 dauuer on tue emu VI ohe vi tiiC Val a,
or near the rear end of said train OF
cass. preparatory to riding to another
part of the yard of the defendant, as l,
was his duty to do to. discharge his du-
ties as such conductor. - whereup-
on said engineer paming him) negli-
gently did something unknown to plain
tiff. but known to such person. which
caused said car upon which plaintiff was
hcid.ne to by the ladder thereon. to give
q. violcnt and sudden jerk or lurch which
caused pia.ptiff to be jerked or thrown
off of said car and ladder and under
said train OF cars. whereby he was in
5ured,n sufficiently states cause of &C.
13cn.
& Same; contributory negligence: suf.
1cdency of plea-In an action against a
The Montgomery advertiser., 1902-05-16
How Do You Begin a Sentenced

New York Evening Telegram.
THAT interview is a fake" said the
young journalist to the old reporter, as
they laagered in Herald Square. He
pointed to an alleged talk with one OF
the big men of Wall Street, who Is noted
for his steadfast refusals to speak for
publication.
BET it isn't fake" replied the old
reporter. after scanning the article in
question rather closely.
How do l known Because OF the
catch phrase. il 1 may call 1t such. OBJ
serve that about every other paragraph
begins, AS l was saying. or AS 1 said
before He hadn't said before Or re
fered to what followed Nobody taxing
an interview would have made such a
blunder Either Old Blank sent that in
teryiew to the paper himself or some re-
potter took 1t shorthand.
NEARLY every man has some catch
phrase With which he invariably intro
duces a new subject. What's yours"
greer" said the young journalist, who
had wiifully or ign )rantly mistaken the
purport of the wise old reporters query
The Montgomery advertiser., 1902-05-16
MARKS & GAYLE v. WOODS.
Statutory trial of the right to property
Appeal from the Circuit Court OF

Appeal from the CIRCUIT Sou1V VI
Lowndes.
1. Executions; statute requiring item
lied statement of bill of costs applica-
BILE to alias and pluries writ-The stat
ute requiring that executions shall con-
tain an itemized statement Of the bill Of
costs Code Section 1889 applies to
alias and pluries writs Of execution. as
we'll as original executions; and without
such itemized statement of the Dill OF
costs, all exceptions are illegal and void.
2. Same; when items of cost insuffi-
cient-The statement of costs attached
to an execution as follows: Clerk g
fees fees on former fl. ia. $5.75
. Sheriffs fees Fees on former Il.
ia. SEES" is not the statement OF the
several items composing the bill of costs
as required by the statute Code. Section
1880. and an execution to which such
statement is attached Is illegal and void
and the levy of such execution Is Ike
wise void.
Affirmed.
Opinion by Mcclellan. C. J.
The Montgomery advertiser., 1902-05-16
Whole island May Sink.
FLORIDA EXCURSION.

April and May are the most beautiful
months in Florida, and the Plant Sys-
TENS special train excursion to Tampa,
May 26th, offers all an opportunity to
visit this delightful country at a nominal
oost-only $500 round trip. Tickets good
seven days. Sleepers and Day Coaches.
Write w. v. Lifsey. Division Passenger
Agent, for reservation. adv-tf.
The Montgomery advertiser., 1902-05-16
WOODS v. THE STATE.
Union by Mcclellan. c. J.

Indictment for obtaining goods under
false pretenses-Appeal from the
County Court Of Hale.
l. Obtaining goods under false pre-
lenses; sufficiency of indictment-An IN
dictment for obtaining goods under false
pretenses, which charges that the de-
PENDANT did make false pretenses TO
Herbert Evans with intent to defraud.
setting out such pretenses. and that by
means of such false pretenses lob
tanned from the firm of Evans Bros. 4
partnership composed of A. c. Evans.
Charles q. Evans and Herbert II. Ev-
ans certain specified goods and mer-
chandise, Is not subject to demurrer up
on the ground that 1t failed to show
that Herbert Evans was either a men,
Der of the partnership. clerk. servant
employee or agent of the firm or Evans
Bros; it not appearing from the face OF
the indictment that there were two PEI
sons bearing the name of Herbert Evans
and the identity of the name being pre-
,sumptive OF the identity of the person.
. Same; every preterse must rot be
false-On a trial under an indictment fol
obtaining goods under false pretenscs, II
Is not necessary to a conviction that ev'
ery pretense charged in the indictment
should be proved: but 1t Is sufficient tc
authorize "a CONNECTION If material
part of the false prctenses charged be
shown and 1t BE- further shown that n
was made with the intent to defrauj
and that 1t induced the person sought tc
be wronged to part with his property.
Affirmed.
Opinion by Tyson. j.
The Montgomery advertiser., 1902-05-16

Prof. Slaby's recent proposal for an inter
pationaI conferences TO regulate wireless teleg
raphy already is engaging the attention OF
Germany the authorities of which country are
now drafting a circular note to be presented
TO the United States. Great Britain ana
France, proposing congress for the purpose OF
Of wireless teIegraphy on the high seas.
The Montgomery advertiser., 1902-05-16
Reversed and rendered.
Opinion by Mcclellan. c. J.
WALLING v. THOMAS ct al.
Bill in Equity for the Cancellation OF q
Deed.-Apneal from the Chancery

Bill in Equity for the Cancellation Of q
Deed-Apneal from the Chancery
. Court of Morgan.
1. Deed; cancellation for fraud or un-
fair advantage.-Where by the practice
Of fraud upon, or the taking of undue
advantage of. one who is infirm with age
and mentally weak, a conveyance OF land
10 obtained for a grossly inadequate con-
sideration, the grantor In said deed or,
upon the death of the grantor. the heirs
can maintain bill in equity to rescind
said contract Of sale and have the deed
cancelled and set aside.
2. Same; same; waiver OF right.-Tbe
right to rescind contract Of sale and to
have the deed OF conveyance cancelled
may be waived by the party in whom
the right resides. whether he be the party
originally injured or his successor In In
terest; ard while such waiver may be I'M
piled from conduct inconsistent with tbs
intention to rescind, as evidenced by long
acuuiescence in the transaction. the mere
delay in institu.ing proceedings to avoid
the deed, Is subject to explanation show
ing that 1t was not caused by acouies-
cence In the sale
g. Rescission Of contract: offer to do
eauity.-While q bill for rescission must
ordinarily offer to do equity by putting
the party against whom the rescission II
directed in statu quo. or returning tc
him the consideration with interest. II
such party has been reimbursed OF his ex'
penditure by what he has received under
the contract sought to be rsscinded. such
cffer to do equity Is not necessary to au-
thorize the maintenance Of the bill.
Affirmed.
Opinion by Sharpe, ].
The Montgomery advertiser., 1902-05-16
INGRAM ct al. v. BUssEY.

ACtl0u OF ASSumpSlI.-AppeaI IrOm Ine
Circuit Court Of Montgomery.
]. Action upon contract to pay prop
erty; what necessary to maintain suit.-1n
a contract to pay property or for the de-
livery OF personal property, an action for
the value Of the property can not be
maintained until there has been demand
made for the property and a refusal or
failure to deliver 1t, unless 1t be shown
that such demand would have been futile;
and the plaintiff upon such a contract
which alleges neither demand nor refusal
nor any facts which would have excused
the making Of It, IL faulty and subject to
demurrer.
q Pleading and practice; when COM
plant filed in the Circuit Court no de-
parture from the complaint In Justice Of
filed in Justice Of the peace court the
plaintiff claims of defendants seven hun
dred pounds Of lint cotton on a waive
note due and unpaid" an amended COM
plant filed in the justice of the peace
court wherein the plaintiff claims Of the
defendants SO the value of 700 pounds Of
lint cotton which defendants owe to plain
tiff and which was due under a
written instrument or mortgage" is not
q departure from the cause tried In the
Justice of the peace court.
8. Evidence; admisslbility Of mortgage
in action Of assumpsit.-In an action of
assumpsit, wherein the plaintiff claims
the value Of a certain number Of pounds
of lint cotton. WHICH 1t Ii averred In the
complaint defendant owed plaintiff under
by the defendant, the mortgage referred
to in the complaint Is admissible In evil
dence: and 1t Is no valid objection to the
introduction OF such mortgage in EVIL
dence that the plaintiff had not shown
that It was given for bona fide subsist-
ing debt.
Reversed and remanded.
Opinion by Mcclellan. c. ].
The Montgomery advertiser., 1902-05-16

LOSS OF APPETITE is also loss of
vitality vigor, tone To recover appetite
and the rest take Hoods Sarsaparila,-
| that strengthens the stomach. perfects di-
eestion. makes eating a pleasure. 1t also
makes the blood rich and pure. and stead
les the nerves. CD
The Montgomery advertiser., 1902-05-16
Garden Hose for everybody.
Lum Machinery Co.,
ct gil and 213 Lee Street.

Don't strike a man when he is down" says
the Manayunk Philosopher The chances are
he hasn't anything. anyhow.
The Montgomery advertiser., 1902-05-16

DO you WANT THE BEsTe
Ross's Antiseptic Barber Shop Il
the place to go. Exchange Hotel
The Montgomery advertiser., 1902-05-16
NoLEN v. poss ct al.


Final Settlement of the Administration
of an Estate.-Appeal from the, Pro-
bate Court of Jefferson.
]. Descent and distribution; when wild
ow 10 entitled to all the personal prop
erty Of deceased husband.-Under the
statute, where person dies intestate and
leaves a widow but no children. the Wild
ow 10 entitled to all the personal estate
(Code. Sec. 1462), and the fact that at
the time Of the death Of the husband. he
and his wife were separated. does not
affect the descent and distribution a.
prescribed by the statute. provided the
marriage relation In law continued.
Q. Same; same; admissibility of evil
dence.--Where, on the final settlement of
the administration Of decedent's estate.
the material question 10 as to whether or
not his widow Ii entitled to take the per-
sonal property Of the estate. there being
no children, testimony tending to show
that the wife of the decedent. at the time
Of his death. lived apart from him and
cohabitated with another man. holding
herself out as his wife. IL incompetent.
in.material and properly excluded.
8. Final settlement Of administrator;
widow competent witness.-On the final
settlement of the administration OF de-
cedent's estate, the widow Is competent
witness to testify to the fact of her mar
rtage with the decedent.
Affirmed.
Opinion by Dowdell. J.
The Montgomery advertiser., 1902-05-16

ANDREW v MEADOW.
Action upon bank check-,Appeal from
the Circuit Court of Bihb
/. Bill of exceptions; record must show
that same was signed in term time or
The Montgomery advertiser., 1902-05-16
sAavso~ ssssA. .
HEAD NOTES OF THE DECISIONS
OF The ALABAMA SUPREME COURT.
~ ! q . = = > . = = 4 . = . = 4 = 4 4 = =

railroad company by an employe to re-
cover damages for personal injuries, 2
plea which AYERS that the plaintin z
own negligence proximately contributed
to the Injuries complained Of" Is too
general and subject to demurrer. plea
or contributory negligence should aver
iirence interposed as defense.
l. Pleading and practice: pleading over
after demurrer susta ned; error without
injury Where 1t appears that the de-
to his original plea, had. under an
amended plea, the benefit of all defenses
ne was entitled to make under the orig
tnal plea. the rulings Of the court In
sustaining the demurrer to the original
plea. II erroneous, is error without In
jury.
Affirmed.
Opinion by Sharpe. ].
The Montgomery advertiser., 1902-05-16
GLASS & co. v. HAYGOOD.
Bill in Equity to Cancel Mortgage 70
Duress.-Appeal from the CHANGER

Bill in Equity to CANCEL Mortgage for
Duress.-Appeal from the Chancery
Court of Montgomery.
!. Duress Of goods: when party entitled
to cancellation Of contract-When the
possession of ones goods II unlawfully
held against him. and he has such an i'm
portanf. urgent and immediate occasion
for their possession and use as can not
be subserved by a resort to the courts to
recover them. he may avoid any con-
tract he enters into with the wrong-doer,
in order to regain possession of his goods
the duress Of the goods under such cir
cumstances rendering the contract In
valid.
Reversed and rendered.
Opinion by Mcclellan. C. J.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The UNION is in receipt of the an
nual number of the St. Paul Trade
Journal, which is most elaborate pub
LEGATION and is a grand industrial re-
view Of that city. One department of
the publication is that of ''Ad Advice, :"
and it contains reproductions of some
of the best ads to be found in the
weekly papers in the State. One of
the ads that it reproduces is that of
Jesmer's Department Store that ap-
peared in the UNION last July. The fol-
lowing is the comment made on this ad:
II expected to find we'll set ad in the
Princeton UNION, the paper published
by the genial State auditor of Mime
sofa, bob" Dunn, and I was not dis
appointed. The advertisement in ques-
ton is that of N. E. Jesmer and the
whole effect is excellent from a tvpo-
graphical standpoint
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

UP TO DATE but one legislative candidate in
this district has placed himself on record on
the merger question, but we presume the 9TH
ers have overlooked the matter temporarily.
It is understood an effort will be made to re-
peal the law forbidding the consolidation Of
parallel lines of railroad and we desire to know
whether the candidates for legislative honors
are for or against this proposition River
Star-News. TT.
We would like to inquire OF our Elk
River contemporary by whom 1T is
understood an effort will be made to
repeal the law forbidding the CONSOLE
dation' of parallel lines of railroad?''
A few weeks since an item was going
the rounds of the Republican press to
the effect that a Democratic senator
would introduce bill in the next leg
islature providing for the repeal of the
law in question. Will some one please
locate that senator? We challenge the
Star-News or any other merger batting
newspaper to mention that prospective
senator's name.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

Gov. VAN SAINT deserves a reflect
lon' and he ought to be reelected by a
handsome majority. Every depart
ment of the State government for
which he is responsible has been we'll
and wisely conducted. We may not all
endorse some of the governors policies,
but no one questions his rugged hon.
esty and sincerity of purpose. On the
whole his administration will compare
favorably with that of any of his pred
ecessors. Minnesota is a Republican
State, Mr.. Van SAINT is the Republican
nominee for governor, and we know of
no good reason why any Republican
should vote against him.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

UNLESS a member of the legislature
has proved false to the interests of the
people he is entitled to the courtesy of
second term. Hon. Emmett Mark,
the representative from this county.
may not be an ideal legislator, and he
certainly was not the UNIONS first
choice two years ago, but there is no
valid reason why he should not be &C.
corded a second term. Two years
hence the UNION will favor a candi-
date from the central or northern end
of the county, but this year the Repub-
licans of Mile Laos should bunch their
votes at the primary election for Mr..
Mark.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The land owners and citizens of
Douglas county, Wisconsin, will petit
ton the legislature next winter for
special permission to bond the county
for sl50,000. The money from the sale
of the bonds will be used in the con-
struction of good roads through that
county; It is planned to limit the
amount to $500 per mile. You mi ght
as we'll expect a man to live without
veins and arteries as to expect coun-
try to be prosperous and develop with
out good roads. No country will ever
miss it by mortgaging itself for good
roads, provided the money is; judic-
iously expended and the proper kind
of roads are built.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14
CHINCH BUG TRAPS.
State Entomologist Tells How to Prepare
@I f. -.....--s Them. -

State Entomologist Tells How to Prepare
EZ Them. -"=
Professor F. L. Washburn, State en-
tomologist, is sending out circulars
telling farmers how to DEAL, with the
chinch bug, which is making its ap-
pearance in certain sections. These
circulars say:
We DO not know of any means of
killing the chinch bugs in the grain;
they may, however, be trapped and
killed without much labor after thew
leave the grain and start to attack the
corn. Flow furrow around your corn
IN such way that the sleeper side is
towards the corn. Drag a small log
back and forth in this furrow until it
becomes very dusty. It must be kept
dusty. Bore post holes ten to twelve
inches deep, or even less, along the
bottom of this furrow at intervals of
about a rod. If the furrow is we'll
made, the bugs cannot cross it, and
finally collect in the post holes, where
they may be killed by kerosene or hot
water.
In wet weather the dust furrow is
impossible. At such times the bugs
may be stopped by means of a tar line.
Pour tar to the width of two or three
inches around your corn field or upon
the side of the field attacked by the
bugs. While. this tar line remains
sticky the bugs will not cross it. It
should be renewed occasionally. Bore
post holes on the side of the tar line
away from the corn and the bugs
travelling along the line of the tar to
lind means of crossing will fall into
these holes, where they may be killed.
Even if the bugs have reached the
outer rows of corn, they may be
stopped by dust furrow or tar line be-
tween the outer rows and the remain
ing corn, and the bugs in the outer
rows may be killed with kerosene
emulsion, one part to ten parts of wa
ter. Pure kerosene may also be used
ii one does not care to save these outer
rows OF corn. Farmers should practice
clean farming; that is, in the fall rub
Dish should be burned as far as posi-
bic. For chinch bugs hibernate in
rubbish collected in corners, in old
straw, in hay stacks, in corn shocks
and in rubbish generally. The grain
fields nearest these sources where the
bugs pass the winter will probably be
the first to be infested the following
spring.
Where necessary, the entomologist
or his representative will visit the in
tested locality and render all help pos
sible.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

THE editors of northern Minnesota
have just finished their compliments
to the mining and kindred interests of
this State and northern Michigan, and
now the editors of the State associa-
ton will take trip over the iron
ranges and down the lakes and 20 the
editors up in the woods one better, but
they will have to hump themselves if
they do so.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

THE Prohibitionists of the State will
campaign in an automobile that will
carry several persons. Some one said
It.. would be propelled by a turbine
water wheel but this is not so. It will
be sent over the turnpike by twenty
eight horse power gasoline engine,
and the campaigners will visit all the
chief points Of interest in the State,
which will Of course include Princeton.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The government has at last con-
cluded to abandon the Missouri river
to its fate and to give it up as means
of transportation. The treacherous
old stream has eaten up millions of
dollars of the peoples money that has
gone the rivers and harbors" route,
but then it has helped many a poor
congressman.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

MINNEAPOLIS has got another new
mayor and chief of police. What she
will have next month is hard to say.
One thing she is sure of, however, and
that is the primary election.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The crop estimate for Minnesota and
the Dakotas as given by the CONNER
cial West is placed at 17S, $4,000 BUSH
els, the smallest wheat crop with one
exception, reported in several years.
Minnesota is credited with 80, $50, 900;
North Dakota, 100000, and South
Dakota, 100000 bushels.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

HERE is a little piece of gratuitous
advice to J. Adam Bede: When you
write another personal political letter
to an editor read it over carefully; then
re-read it; then burn it.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The Wright County Times was
printed last week with blue ink. It
looked like regular wash-day edition.
We trust that the color did not express
Editor French s feelings.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

THE Cannon Falls Beacon has been
purchased by Jack Brynildsen of New
Paynesville. Mr.. Lewis, who has pub
lished the paper for the past twenty
three years, will retire.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

AT the present writing there are two
announced candidates for the senate
and three for the house, all Republi-
cans, in the 45th district, but no one
can tell whatya day may bring forth. ~.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14
"Blueberry" Train.

The Chicago, Great Western road
has its milk shake'' train and now
the Great Northern has it's "Ayer" and
its ''Blueberry'' train. The train that
now runs through to Cass Lake has
been thus dubbed because it carries so
many bluberries that it can't make
time.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

IT is claimed that leather will in
very short time be dearer than beef
steak. 1t certainly cannot be any
tougher.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The forty-third annual fair of Min
nesota will be held the first week in
September and will be bigger and bet
ter than ever.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-08-14

The inheritance tax law of the State
is dead. It has had varied career.
Will the gentleman from Grant county
please perform the obsequies?