davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-07-07
HeAd-NoteS Qf the Decisions
 0 Alabama Supreme Court.

4. Same; charge of court to jury.-Tn such a case. a charge is erroneous and properly refused which instructs the jury that they can not find against the de- fendant upon count upon the expressed contract, unless the plaintiff has proven to their reasonable satisfaction that he has compiled with his part of such con- tract; the evidence in the case authoriz- ing the jury to infer that there was an acceptance of the house by the defendant
 as and for the full compliance by the plaintiff with the contract
 5. Same; same-In such a case, a charge asserts a correct proposition and should be given at the request of the de- fendant, which instructs the jury that If the evidence reasonably satisfies them that there was an express contract
 between plaintiff and defendant for the
 construction of the house, then he Is not
 entitled to recover under the common counts for money due on account. and for
 merchandise. goods and chattels sold, and
 for work and labor done or upon any one
 of them-except what may be due, if any thing, for the extra work done and ex. tra material furnished by him-unless the evidence also reasonably satisfies the jury that he complied with the terms oi
 the contract, or that defendant accepted the house as constructed"
 Reversed and remanded.
 Opinion by Haralson. J.
The Montgomery advertiser., 1903-07-07
DANNER, ct all, V CREW.

Statutory Action of Ejectment-Appeal
 from the Circuit Court of Barbour
 l. Pleading and practice: ruling upon demurrer must be shown by Judgment entry and not by bill of exceptions.-The rulings upon a demurrer must be shown hy a Judgment entry and when shown only by recitals in a bill of exceptions such rulings will not be reviewed on appeal.
 ? Judgment; plea of not guilty a waiver of disclaimer.-The plea of not guilty in an action of ejectment Is an admission of possession by the defendant, and the filing of such plea is waiver of disclaimer also filed by the defendant in said suit regarC.ng the same lands.
 3. Unrecorded deed: statutory protec- ton to purchaser and judgment creditor without notice.-Under the provisions of the statute. an unrecorded deed Is inop- crative and void as against judgment creditors and purchasers without notice, Code. Gee. lO05): and if lien attaches in favor of the judgment creditor before notice of a deed duly recorded, the pur- chaser is protected although he may
The Montgomery advertiser., 1903-07-07
EXAMINING TEACHERS,
ONE HUNDRED AND THIRT-z AP-
 PLTCAMTs AT WORK.
County Superintendent Thompson tis Conducting Examination at .the
 Capitol-To Be in Pro-
 gress Several Days.

County superintend snt of 1, Education J. A. Thompson was engaged yesterday in examining the applicants to teach in tine public schools of Montgomery County. The examination was held in the hail of the House of Representatives at the capitol and during the day it was busy place. There were fifty-ffve white and seventy-five colored applicants. The white persons sat at desks on one side of the hall and tho negroes on the other.
 Superintendent Thompson was assisted by Miss Mary Mclean and Mics Kate Ford in making the examinations and the questions given out were those recently prepared by the State Board of ENannfn- CTS and were full and complete in each grade.
 The females were largely In the ma jority and they were as rule, young women, who seemed just to have made up their Nincs to devote their lives to teaching.
 The examination will consume several days and will be strict and rigid, in ac- cordance with the rules of the State Board.
The Montgomery advertiser., 1903-07-07

MOSES. ct al, " BEVERLY, ct al. Action of Assumpsit.-Appeal from the
 Circuit Court of Mobile.
 1. Action to recover commissions for negotiating sale; suff1ciency of com plaint.-In a suit by real estate agents to recover commissions for the negotiation of sale of turpentine rights in certain lands, counts of the complaint which aver that the plaintiff acted in the trans action by the employment of the vendor for the sale of turpentine rights in a certain, designated number of acres of land, and that the consideration prom ised by \the defendant was net price per acre to be paid to the vendors and certain designated commissions to be paid to the plaintiffs, and then aver further that the vendors conveyed the tuTpentine rights in accordance with an agreement between the plaintiffs and the defendants and that the defendant had failed to pay the plaintiff the commits sions agreed on, such counts allege with definiteness a contract between the plaintiffs and the defendant, and the per formance of what was to be done to en- title the plaintiffs to it's benefits and a breach on the part of the defendants. and are not subject to demurrer for in definiteness and uncertainty of aver ment.
 
 count of the complaint which ayers that the defendants agreed to pay to plaint- ifs a certain designated sum in consid- eration of the services performed by plaintiffs in bringing about said sale and agreed to pay said sum on the execution of a satisfactory conveyance by the vend- ors as agreed upon between the plaint- ifs and the defendant. and a failure on the part of the defendant to pay the plaintiffs the sum agreed upon. ayers with definiteness a contract between the plaintiffs and the defendant and the per formance by the vendors of what was to be done to entitle the plaintiff to it's ben eft and a breach of said contract on the part of the defendant. and such count is not subject to demurrer for indefinite ness and uncertainty of averment
 3. Action upon special contract; what necessary to entitle plaintiff to recover variance fatal.-In order for the plaintiff to recover in an action upon Q special contract, he must prove the contract substantially as averred; and a variaUce of any material matter of description Is fatal to the right of recovery.
 Reversed and remanded. Opinion by Sharpe J.
The Montgomery advertiser., 1903-07-07
BARNES V. WINDHAM.

V.
 Action upon Contract for Building House
 and on Common Counts for Work, La
 bor and Material.-Applead from the
 Circuit Court of Mobile.
 1. Action upon a special contract for building house; recovery on the common count for work done-Under a count on a special written contract for building a house, a recovery can not be had without proof of the full performance according to it's terms; but recovery may be had under the common counts for work. la- bor and material. on proof that the de- fendant moved into the house before com pletion, continued to occupy it after the contractor quit work upon it, and that it vas of benefit to the defendant, or that the defendant accepted the house as com pleted.
 9 Same; same; question for the jury Tn an action to recover the amount all legged to be due the plaintiff for the con- struction of a house, where the plaintiff counts upon written contract and also seeks by the common counts to recover for work. labor and material. the ques- tion as to whether the contract has been performed according to the terms, or whether the fact of moving into and using the building amounts to an acceptance of the work and full compliance on the part of the pleader with his contract, are questions for the determination of the jury upon a consideration of all the facts and circumstances in the case.
 Action upon contract for building house; when general affirmative charge should not be given.-In an action to re- cover an amount alleged to be due the plaintiff for the construction of a house as provided for in a written contract where the complaint contains a count up- on written contract and also common counts for work, labor and material and the evidence is conflicting as to whether the plaintiff completed the house accord ing to the terms of the contract, and as to whether the defendant moved into the house and accepted it as completed. it is error for the court to give the general affirmative charge in favor of either party.
The Montgomery advertiser., 1903-07-07
RETTIS Y. McNIDER

Action for Money had and Received
 Appeal from the Circuit Court of Ma
 rengO.
 1. Effect of assignment of dover; widow entitled to rents of land assigned After dover is assigned, the widows seiz- ure relates back to the date of the death of the husband. and the widow is entitled to the rents of the land collected prior to the assignment of dover and also the rent falling due after the assignment
 2. Same; same; not destroyed by trans fer-Where. prior to the assignment of dover. the administrator of the intes- tate's estate- rents the land, taking the tenants obligation for, the delivery of cotton, and he transfers this obligation
The Montgomery advertiser., 1903-07-07
WILL ENTER CORNELL.
Successful Examination of Three
 Young MontRoYnerfans.


 Three young Montgomerians have just passed a favorable examination for ad- mission to Cornell University at Ithaca. N. Y..
 The young men are Henry W. Alexan- der. Dixon Kendrick and James Dewitt Wilcox. They recently underwent ex- animation by the College Entrance Ex- animation Board of New York for admis- sion to scientific courses at Cornell Uni- versity.
 Substantially the result reported by the board Is as follows:
 Mir. Willcox-Passedi without conditions in English, German, elementary algebra, plane and solid geometry, plane and spherical trigonometry. He will proba- bly, be required to make some deficiency in history and advanced algebra. His grade on plane geometry'was 95 and on plane trigonometry 100.
 MT. Kendrick-Passed without condi- ticns in English. elementary algebra. ad- vanced algebra, plane and solid geometry. plane and spherical trigonometry Con. ditional on history and German He made a grade of 100 con plane trigonome- try.
 MT. Manufactured without condi- tions in English, German, history, ele- mentary algebra, advanced algebra, plane and solid geometry and plane and spheri- cal trigonometry Mir. Alexander reached the required standard in all subjects set for the examination aud in most of them his grade was far beyond the requirement.
 As these young men purpose entering scientific courses. they were not required to stand examinations in Latin and Greek. They were recently graduated with honor at the Starke University School of this city.
The Montgomery advertiser., 1903-07-07
Petoskey and Mackinac SleeppinR Car Lines

Are now in operation via Pennsylvania Short Lines and G. R. I. Railway The Fishing Line"-leaving Louisville 3:SO p. m., Cincinnati 100 p. m and TOO p. m. Petoskey, Harbor Springs and all resorts on Little Traverse Bay, and Mackinaw Island are reached next morning. Tourist tickets at special rates. For particulars address R. H. Lacey, S. P. Agt, Nashville, Tenn. adv-tu.
The Montgomery advertiser., 1903-07-07
BOARD OF REVENUE.
Routine Business Transacted
 Weekly Meetiuc

The Board of Revenue of Montgomery County held a short session yesterday and transacted routine business.
 The county feed supply for the month was awarded to W. M. Hudson & CO. their bid being the lowest submitted
 A committee was appointed by Presi- dent M. B. Houghton to exchange some of the mules of the team of Road Over sers Stacey and Rives
 On recommendation of Dr. Charles T Pollard, County Physician. the Board authorized the clerk to buy one ana a half barrels of cleo carbolene for the dis infection of the county jail.
 After passing on the county bills for the week, the Board adjourned
The Montgomery advertiser., 1903-07-07
Killing in Dallas. Tex.

Dallas. Tex. July 5.--L A. Moore, Sec retary of the city of Dallas was shot and alnaost instantly killed at o'clock this evening by his son, Ernest. aged p years Moore, 1t is alleged, had been drinking and attacked his young son. The othc0 son. Ernest, was remonstrating with the father. who turned on him when the son fired the fatal shot. Moore was well known in Texas. having been a deputy sheriff of Dallas County in the early his tory of the city.
The Montgomery advertiser., 1903-07-07
Distillerv is Destroved

Opelka. July 6.-(Speclal )-The large distillery of s. l.. Shore, located a mile east of the city on the Columbus road was destroyed by fire this morning The warehouse was saved. The distlllery building, stills. engine and boilers was a total loss as well as all materials on hand. The loss Is a little over $4.5lO with $1,50O insurance. Mir. Shores came here a year ago from Shore N. C., and his bus mess has been very successful.
The Montgomery advertiser., 1903-07-07

the transfer of the tenants obligation by the administrator prior to the assign ment of dover, does not operate to de- feat the widows right to the recent of the lands assigned to her as dover; and after the assignment of dover the widow can maintain against the transferee to whom the cotton had been delivered and who had sold the cotton. an action for money had and received.
 Reversed and remanded.
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-07-07

have had notice of the deed at the time of his purchase.
 1. Purchaser at execution sale; notice of deed previously executed.-The rights of a purchaser at an execution sale can not be affected by prejudice by notice on that date of sale of a claim of another under deed previously executed, if. by failure to record said deed within thirty days, as required by the statute. Code, Sec. 1OO5). the rights of the judgment creditor are not affected by notice of such deed.
 Affirmed. Opinion by Haralson. <
The Montgomery advertiser., 1903-07-07

GIlIdDlS SOI III ' u at tim es, especially at night or when over heated.
 The cause of Ecze- ma is a too acid and general unhealthy con dition of the blood. The terrifying itching and burning is pro- duced by the overflow through the glands and pores of the skin of thC
The Montgomery advertiser., 1903-07-07
STATE V. BARKsrREssER.

Habeas Corpus Proceedings Appeal
 from the Order of the Judge of Pro-
 bate of Tallapoosa.
 1. Habeas corpus; when appeal does not lie on part of the State from a judg- ment admitting petitioner to ball. Where. after commitment to jail with out bail on a preliminary hearing by a committing magistrate on an affidavit and warrant charging murder. the per son charged with the murder is subse- quently admitted to bail in habeas cor pus proceeding. an appeal does not lie on the part of the State from the judgment in the habeas corpus proceeding admit ting the petitioner to bail: the statute authorizing appeals by the State Code, Sec. 431D not applying to cases where the petitioner was committed to jail by the committing magistrate on affidavit and warrant charging him with murder
 Apeal dismissed. Opinion by Dowdell,
The Montgomery advertiser., 1903-07-07

Hon. C. D. Gardner has resigned tho office of Register in Chancery for this County. and A. c. Worthy has been ap pointed in his stead.
The Montgomery advertiser., 1903-07-07
COURT AT TROY.
Docket is Light and the Term Will
 Be Short.

Troy, July 6.-(SpecialD-The jury term of the Criminal Court convened here this morning with Judge T. l.. Boron pre- siding. There is light docket. however. and the term will not occupy all of the week
The Montgomery advertiser., 1903-07-07

The continuous rains which have been falling daily throughout this section will doubtless injure the cotton crop. hut corn Is very promising.
The Montgomery advertiser., 1903-07-07

grew worse, and I was convinced that was afflicted with Eczema. com suited several phy ysicians and a num- Der of specialists, and used several ex- ternal applications, receiving but slight temporary relief. In February l decided to try 8. s. s., and in less than a month I experienced a change for the disappeared, and found myself entire- ly cured, and have had no return of the disease since. W. P. BRUSH,
The Montgomery advertiser., 1903-07-07

A Guaranteed Cure for Piles. itching. Blind Bleeding or Protruding Piies Your druggist will refund your money R PAZO oINTMENT fails to cure you. 50 cents.
The Montgomery advertiser., 1903-07-07
ECZEMA :'as s11s Q. 1"F 5n1s

No disease much bodily discomfort tche and burns like Beginning often with slight the skin gradually spreads pusules bl which gummy sticky fluid which and bad looking different the body but oenest the back hands, veTtabe & 1ses @ R @
The Montgomery advertiser., 1903-07-07

land l h rea chair carsa  Cmcnna thushPu unman Aeers to p and NaN  wYOrka sleeper to Chicago thug Pullman deepes nomN cilnau 
 
  For Q rat, routes and schedules H w.
 auon
The Montgomery advertiser., 1903-07-07

Delightful Rail and Water trip to the East via Norfolk or Savannah Apply to c. S. Adams. s. F and P. A. Moses DuiidIng. Mont gomery Ala, for full informal ton. Charles F. Stewart. 4. O., P. A.. Savannah. Go.
 spaIlY exeepr Sunday.
The Montgomery advertiser., 1903-07-07

Manager Stockman's AdVertlblng Agency
 Station A, Kansas City, Mo.
 fiery posons with which the blood-current is over oaded While external applications such as washes, soaps, salves and powders aresoot hing and cooling they do not enter into the blood itself or ouch the real cause of the disease. but s. s. s. loes, and puri6es, enriches, and strengthens the anses and builds up the general system, when the ma with all it's terrifying symptoms disappears. ,ok on the Skin and it's diseases No charge for 1zHE SWIFT SPEcIFEc COsp ATKANEAs GAs
The Montgomery advertiser., 1903-07-07

Pullman S@ns sng New York
  Mac Il a m p. G. C. A. P A. P. A andG M. Ga
The Montgomery advertiser., 1903-07-07
Schedule Effective Apth r2th. 1908

S:svImi Union SpsingA Ala, andI points Seaboard betweenl Montgomery and Ft. Davis lSolid train for Uniont Springs: change of caFs.l S:I5am l
The Montgomery advertiser., 1903-07-07

thin acid blood and clea skin clears of and Eczei
 Send for our free bo' @edical advice.
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01

a naturalist while visiting Great
Sangir, one OF those islands of the In
dian ocean known az the Celebes, or
Spice islands, found curious time re-
corder lodged ut the house of rajah.
Two bottles We're firmly laslIed togeth-
or and fixed In n wooden frame. A
quantity of black sand ran from one
bottle into the other In just half an
hour, and when the upper bottle was
empty the frame was reversed. Twelve
short sticks marked with notches from
l to II were hung upon II string, A
hook was placed between the stick
bearing the number of notches CORE
spending TO the hour last struck and
the one TO be struck next. The sentry
announced the time by striking the
hours on large gong
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01


In Gold Hill, New. In 1877, one of
the mining bosses-Tole by name-had
trouble with some of the laborers In
his mine. One night three of them at
tackled him In Il barroom, Two of them
pinned him down. while a third stood
over him with II revolver. The muzzle
almost touched his stomach. Once,
twice. thrice. n fourth and II fifth time
the weapon snapped. Tole closed his
eyes. Each moment he expected to be
his last. The Disguised rutfian threw
his disappointing weapon on the floor.
with an oath, and Joined by his aids,
left the place. Tole wiped the cold
sweat from his brow, mechanically
picked up the discarded weapon, went
to the door and fired Off every charge,
remarking that 1t was just his luck
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01

An amusing Joke was praetieed upon
the examiners at Cambridge, says a
London paper. 1t had been said that
the examination In mathematics had
been becoming far too difficult, and
very real complaints had arisen from
tutors. TO the establishment of the
university, all the eighteen or so So
lutions appeared on the day before the
examination In the Granta, worked
out, we believe. by our office boy"
How the miracle was performed re-
manned a secret until 1t had been suf
ficiently wondered at The editor of
the Granta had secured the services of
number Of recent senior wranglers
who in privacy Ind deliberately set to
work to master the problems which the
university dons had been concocting
for months past The task had TO be
accomplished within twenty four hours,
and the printers were up all night set
ting the solutions In type. Naturally
the Granta sold by the thousand that
week.
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01

A certain good bishop was In Italy
for his health. and while walking in
the country one day he met small
girl who was tending some pigs. The
animals were giving her n great deal
of trouble and the good bishop offered
20 stay and watch the ones that were
grunting and roofing In ditch while
the little shepherdess went to catch
two runaways that had strayed from
the fold When she came back, the
reverend gentleman strOked the UNI
kompt curly head of the child and ask
Cd her how much she earned by her
hard work and was told that she re-
ceived 1 Soldi day.
"Do you know" said he, that j, too,
am II shepherd? But earn much more
si,~,t rts,,, -
"Ah, yes" answered the little peas
ant, but, no doubt, you tend many
more pigs than | do"
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01
How He Got II.

A good story Is told about former
member of the Missouri legislature.
Before his election he was chronically
''broke." When he returned from JEFF
ferson City, he exhibited $500 In good,
crisp greenbacks. Some of his friends
sjollied' him about his prosperity.
You didn't have cent when you
went to the legislature, did you,
Jonesf" said one of them.
Not blamed cent" said Jones.
AS n matter of fact | lent you half
your railroad fare, didn't r.
81 believe you did"
"Well, you were down In Jefferson
City about forty days. You got So a
day Now. what the gang wants to
know Is how you managed to save $500
out of total income of 5000"
Come closer" whispered Jones, land
I'll tell you how did 1t. had my
washing done ut home."-Kansas City
Journal
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01
European and American Oy.ter.

The oysters of America and Europe
differ greatly. European oysters are
smaller and have II coppery taste. Our
southern oysters are larger than the
northern. They are dredged along the
coast and transferred to oyster beds in
creeks close to shore, where they fat
ten. In London oyster statesmen some
times keep oysters for Il few days In
water TO which oatmeal has been add
ed, for the purpose OF rendering them
more delicate and of better flavor.
When out of season during spawning
time-the oyster Is soft and milky and
not ut TO be eaten.
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1903-04-01
M. THEIRS AT HOME.
The Peculiar Habits of the His.
torian's Daily Life.

torian's Daily Life.
The daily life of Theirs was very pc
culiar. He rose always at very early
hour, about o'clock in the morning,
seldom later After cup of coffee and
a light repast he would work steadily
for many hours. Then he usually took
walk or would perhaps play a game
of tennis before breakfast, which meal
was served at the usual French hour.
Then he would speak to his friends and
go out for a drive, sometimes pay visits
and return little after 4, when he
went regularly to bed and slept till it
was time to get ready foy dinner. For
some extraordinary reason his dinner
hour was 80, and he was very pune
tual. After dinner he always slept for
twenty minutes or half an hour and
then would remain up chatting and
talking to late hour. His brightest
moment was always subsequent to his
after dinner sleep. No one could be
more agreeable in conversation, more
easy or natural or more ready to i'm
part information without being prolix.
He was true Provencal In all his
tastes and habits. He loved the bright
sun Of his native Provence. He thor
oughly appreciated the peculiar charm
of the coast near Marseilles, the beau
ty of the gray olive groves and the
smile of the Mediterranean. He pre-
ferred the dishes of Provence to almost
any others. He used to mix oil liberal
~ with his food, AMI | remember at a
dinner at the Duchesse Galliera's a
fair sized bottle of oil was specially
placed next his plate. and he consumed
1t all.-Cornhill Magazine.