davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25

was with reference to the sale of land.
| ana was not in writing. and no note oil
memorandum thereof expressing the
consideration was in writing or sub
scrioed by the person or some person
autnorixed by him, Is insufficient as q
oeIense and subject to demurrer.
.. Pleading and practice; derense
under general issue in action of as
sunlpsit In an action of assumpsit
where the plaintiff seeks to recover up
ON an account stated, II is error with
OUT injury for the court to sustain i
demurrer to plea setting up a want
oi consideration, since in such an ac-
tion, under the plea of the general IS
sue, the defendant can have the benefit
OF the same evidence which would have
oeen sumcient to sustain the special
plea.
:. Action to recover commission for
saic OF land; what necessary for recov-
ery.-In an action brought to recover
commissions agreed to be paid for ne
sotiating and effecting a sale of land,
performance on the part of the agent
OF MS contract by making the sale is
prerequisite to his right to compensa.
tion; and unless this is shown there
can be no recovery
b. Action on account stated there
must De consideratfon.-In an action
upon an account stated, to authorize re-
coVery there must be shown a consid-
GRAFTON to support the promise relied
on; ana IL there Is shown to be no con-
sideration for the alleged promise, the
plaintiff is not entitled to recover.
Reversed and remanded.
Opinion by Sharpe. j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25

RUSSELL v. PURYEAR, Admir-
Proceedings to Relax Costs.-Appeal
from the Chancery Court of Lime
stone.
/. Motion to retax costs; when prop
erly overruled.-Where a motion is
made to retax the costs charged by a
register in a chancery suit, upon the
ground that. in preparing the tran
script which was the principal item of
the cost, the register charged for each
figure copied in the transcript as for a
word, in contravention of the statute,
which provides that each amount or
number expressed in figures shall con-
stitute one word regardless of the num-
Der of figures therein" (Code, Sec.
1869, but it is not averred or claimed
in the motion that the transcript was
made after the enactment of the Sec
ton referred to. such motion fails to
disclose case for the relaxation of
the costs. on the ground of excessive
charge: and a decree overruling it is
not erroneous.
Affirmed.
Opinion by Sharpe, J.; Mcclellan, C..
j.. not sitting.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25

Indictment for Selling Property
Which There was Lien Anne

Indictment for Selling Property or
Which There was Lien.-Appeal
from the County Court of Geneva.
/. Indictment; when insufficient
Al indictment which does not conclude
with the words against the peace and
dignity of the State" as is required
the Constitution and the statutes. ICON
Sec. III; Code, Sec. $685. is insufficient
to support a conviction and should be
quashed.
2. Indictment for selling property
on which there was a lien; when facts
In evidence insufficient to authorize
conviction.-On a trial under an indict-
ment for selling property on which
there was a lien, where it is made to
appear that the proceeds of the prop
erLy sold by the defendant were paid
over t" the holder of the mortgage, in
which the property SO sold was con-
v-yto, ond that said mortgage was ex-
ecuted by the defendant and the per-
srn alleged to have been defrauded. the
evidence is insufficient to authorize a
conviction of the defendant under the
indictment; the essential element of in
tent not being shown.
Defendant discharged.
Opinion by Tyson, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
GARRISON v. GLASS.

Action for Breach of Contract.-Apneal
from the Circuit Court of Marengo
l. Pleading and practice: when ac-
tons consolidated by order of court
When. several actions are pending at
the same time in the same court be-
tween the same parties for alleged
breaches of the same continuous or I'M
rescinded contract, they may, under the
statute Code, Sec. 1919 be consoli-
dated by order of the court
2. Contract for sale OF timber; stip-
ulation for forfeiture for benefit OF
vendor may be waived.-A stipulation
In contract for the sale of land or
interests in land, providing for the for
feiture of a contract If the purchase
money Is not paid as IL becomes due is
the reservation for the benefit of tho
vendor and may be waived by him; and
1t Is waived by his seeking to enforce
the payment of the purchase money by
bringing an action for the breach of
the contract.
.. Pleading and practice; estoppel
should be specially pleaded and should
not be set up by demurrer-Estoppels
In pals should be specially pleaded; and
matters of estoppel arising dehors a
special plea, can not be SET up by de-
nurrer' but must be interposed by rep
lication to the plea
idence as to value .fnadmissible.-In an
action brought upon a contract, where
the plaintiff seeks a recovery alone
for the contract price Of timber sold
py said contract, the value of the tim
Der on the land at the time of the sale
Is irrelevant to any issue involved. and
testimony as to such value is mad
missible
b. Same; admissibility of evidence as
TO survey OF land.-In an action for the
preach of contract, wherein IT was
stipulated that the lands upon which
the timber was sold was to be ascer-
tanned by survey, it Is competent for
the plaintiff to introduce as a witness
CIVIL engineer who had made a sur
Vey or the lands upon which the timber
IN question was situated. and upon his
testifying to the correctness OF the nlat
or map made by him, the same can he
introduced in evidence; such testimony
and the plat or, map not being DEPEND
ent Tor its competency as evidence up
on a compliance with the statute reRu
lating the manner of making an ofIcial
survey Code, Sec. $685.
g. Evidence; when proof of title
need not be made by deed-Where in
the trial of civil case, the ownership
or land is collateral or Incidental to the
issue being tried 1t is not necessary
tnat such ownership be proved by deed.
but the same can be proven by parol
evidence.
I. Action upon contract; when
burden is not on plaintiff to prove exc
cution Of same.-In an action upon a
contract which is set out in a com
plant in haec verba, and there is no
plea OF non est factum interposed the
burden is not upon the plaintiff ~
proving the execution of said contract
which the foundation of the suit.
Affirmed.
Opinion by Tyson, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
pany. several months ago. pending

pany, several months ago, pending
the settling of the litigation.
The water system here has failed
and the water of the Chattahoochee
river has been pronounced UNIT for
use, even when filtered. In a card Just
published. the receiver, acting as the
agent of the court, has advised the
people not to use the water now fur
nished for either cooking or drinking
purposes. The city now takes the DO
sition that inasmuch as neither the
company nor the court can furnish
the people water, with the present sys-
tenn. the municipality should be allow
ed to build waterworks of its own.
II the court dissolves the tempor-
airy Injunction the litigation which
has been in progress will come abrupt
ly to an end. The special master APP
pointed to investigate the case has
taken 1000 typewriter pages of testi-
mony, and the lawyers were prepar-
ing to make their argument in the
case, when the recent DEVELOPMENTS
caused the city to decide to apply i'm
mediately to the court to dissolve the
injunction.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
Head-Notes Of the Decisions
Of Alabama Supreme Court

LOGAN, ADMIR-. CENTRAL IRON &
COAL COMPANY.
Action by Administrator to recover
Damages for Negligent Killing OF
Intestate.-Appeal from the Circuit
Court of Bib.
l. Actios by administrator to recov-
er damages for negligent killing of in
testate; sufficiency of complaint.--ln an
action by an administrator to recover
damages for the alleged negligent kill
ing of plaintiffs intestate. a count of
the complaint which AYERS that the in
testates death was caused by reason
OF the negligence of a person whose
name is unknown to plaintiff. who was
In the service or employ of the defend
ant, to whose orders or directions
plaintiffs interstate, at the time of his
death, was bound to conform and did
conform, and plaintiff alleges that said
death resulted from his intestate hav-
Ing so conformed, does not state a
cause of action against the defendant.
and is subject to demurrer for that 1t
fails to show that defendant owed
plaintiffs intestate any duty at the
time he was killed, or that the intestate
was in the employ of the defendant.
2. Pleading and practice; plea Of ne
unques executor need not be sworn to-
A plea of ne unques executor or ad-
is a plea in bar and need
not be verified by affidavit.
8. Sufficiency of plea of former
Observation-Disclosures, in a civil action, the
defendant pleads the former Judgment
for the same cause of action. 1t is not
necessary for him to acquit himself of
collision or fraud in procuring the al
legged former judgment.
4. Judgment of court not open to
collateral attack.-Where a court has
of the parties and subject
matter in a particular case. the judy
ment, unless reversed or annulled In
some proper proceeding is not open to
attack or impeachment by parties or
privies in any collateral action or pro-
ceeding whatever.
s. Recovery of judgment by admin
istrator-An executor or administrator
has full legal title to all chooses in ac-
ton belonging to the estate. and may.
In the absence of fraud or collision.
adjust, settle or discharge any claim
due the estate; and the fact that the
settlement of the claim was made
without authority of the probate court.
does not render such settlement in
valid.
Affirmed.
Opinion by HARRISON, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
WILBOrRN V H1rRr.

Arbitration roceedings.-Appeal from
the Circuit Court of Perry.
l. Arbitration effect OF Judgment
on award by Justice of the Peace; no
appeal therefrom.-While. under the
statute relating to arbitration, appeals
are allowed from judgments entered
upon an award in certain cases and
under certain circumstances (Code, Sec.
o[Z) such appeals can be taken only
TO the Supreme Court; and when the
award is upon the submission of a con-
troversy which is not the subject of a
olndlng suit, appeals from a Judgment
On such award are limited to such only
as are returnable into the Circuit Court,
ana In such a case where. under the
statute the award is returnable to a
court of the Justice of the Peace, no
appeal is allowed at all from the judg-
court
Appeal dismissed.
opinion by Mcclellan, C. ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
JEALOUSY CAUSE OF SHOOTING.
w. l.. Crenshnw Wounded by G. C. Mar
risOn at Animation

W. LIE Crenshaw Wounded by G. c. Mar.
risOn at AnnistOn.
Admission, June 24.-(Special. w. l.
Crenshaw was shot and painfully
wounded by G. c. Harrison at the home
of the latter on Walnut Avenue yester-
day morning about $3.50 o'clock.
Harrison Immediately surrendered n
Chief Deputy Sheriff LeGrand and Dep.
uty j. w. Harmon. Two warrants were
later sworn out before Judge Crook
charging him with assault with a
weapon on Mrs. Harrison and Mr.
Crenshaw
The cause of the shooting. according
TO Harrison. was jealousy Harrison is
a one-legged man. having lost a Les
while in the employ of railroad. He
was given $1.5oe damages With this
money property was purchased and the
deed to 1t made to his wife. Recently
their relations have not been YER
pleasant, Harrison becoming very zeal.
GUS or Crenshaw, who boarded with
them. Yesterday morning this culni-
mated In row. general fight ensued
III which furniture Jared badly. In the
melee Harrison shot Crenshaw Tbo
ball entered his right arm. inf1ictino -
flesh wound. 1t is stated that Harrison
was attempting to kill his wife at The
time. at ''ie
=, nc ~" started In the kitchen and
II Is alleged that he shot at Mrs. Har-
rison two or three times She ran
through the house, Harrison pursuing
and shooting at her. When thew req ~
ed the front porch, where Crensbo,,,
and other boarders were sitting H.
rison shot Crenshaw. who IN -.
knocked him down with a chair Crer'
shaw Is an aged man. and is one of Tho
most popular conductors on the T,ouis1
vile and Nashville Railroad. He stat
ed tnat there was absolutely no ground
Tor Jealousy upon the part of Harrison
~ Is turther stated that Harrison has
ee orinking considerably the past
re" weeks. He made bond in the sim
ol sow ior mis- appearance at the next
term of County Court. 'e next
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
Phone $50.

that he went to the house of defend
ants brother and told the latter of the
threats made against the defendant,
and that the defendants brother sent a
pistol to defendant by the witness.
8. Carrying concealed weapons;
charge as to apprehension of attack
Good reason to apprehend an attack
does not give one the absolute and I'M
qualified right to carry a weapon con-
cealed about his person; and on a trial
under an indictment for carrying con-
cealed weapons charges which predi-
Gates the defendants right of acquittal
upon his having ~ n notified of threats
of personal violelee being made against
him, and his having good reason to
apprehend an attack from such person,
are erroneous and properly refused.
Affirmed.
Opinion by Tyson, J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
BAH REFUSED NEGROES.


Numbering Mrs. Holloway.
OpeIika, June 24.-(Special.) AT a
recent meeting of the Masonic Lodge.
r. E. Lee. No. ASA. A. F. and A. NJ. of
Dpelika the following officers were
elected for the ensuing Masonic year:
=. d. Power, w NJ; B. E. Brownield.
3. W.; C. M. Warner. J. w: w. E.
Hudson, treasurer: Z. j. Tucker, Sec
Rotary; l. p. Siler, S. D.; J. W. Patter-
son, J. D.; and c., W. Shearer, tiler
A negro man named julius Dawson
was committed to Jail here to-day ON
q charge OF attempted criminal as
eault. The assault was alleged to
have been committed on a negro. wo-
man in Beat 3 in this county.
Ada Smith. the negro woman who
killed Mrs. Holloway at Loachapoka,
June IL, and who has been confined in
the Lee county jail since, had a pre-
liminary trial before Judge F. NJ Rem
fro to-day.
The evidence was about the same as
published in The Advertiser at ,ne
time of the murder Judge Renfro
committed the woman to jail without
bail to wait the action of the Grand
jury. An immense crowd attended tne
trial
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
opinion BY Mcclellan. c. J.
HOUSE V. THE STATE.

"A L
Indictment for Carrying Concealed
Weapon,-Appeal from the City
Court Of Admission.
L. Trial and its incidents; appli-
cation for continuance addressed to dis
erection of trial court; when properly
disallowed.-An application for a CON
tlhuance in criminal case on account
OF absent witnesses, is addressed to
me discretion of the trial court. and,
where' upon such an application. 1t is
hot SHOWN that the absent witnesses
are within the Jurisdiction OF the court
ana there are disclosed no facts which
snow that the absence of the witnesses
Is prejudtcial to the defendant. the re-
tusal of the application for a continu-
ance is not erroneous.
Carrying concealed weapon:
when evidence as to threats is admissi-
oie.-On trial under an indictment
Tor carrying concealed weapons, IT Is
not permissible for q witness 70 Etata
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
TO D1ssovLE INJUNCTION.
CoI1nlbus VIII Make Effort Before
Federal Judge Newman.

Columbus. Ga, June 24-(Special.)
Judge William r. Newman of the
Federal Court, will be asked to dis
solve his temporary injunction re-
.atraining the city of Columbus from
building waterworks of its own. This
application will be made in view of
present conditions, which the Judge
personally inspected Wednesday.
This afternoon the attorneys repre-
senting the city in the litigation went
TO Atlanta, and tomorrow the appli-
cation will be made and will no doubt
be resisted by the attorneys represent
ing the bondholders of the Columbus
,Waterworks Company
Judge Newman granted the temper
airy Injunction, at the request of the
bondholders of the private water COM
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
WHEN CONSTIPATED
MOzley's Lemon Elixir VIII Give Re.
lief Promptly and Pleasantly,


When the liver and bowels do not act
regularly. the entire system soon gcls
out of order. Neglect or improner
treatment results in an accumulation
of impurities which clog up the system
and often result in serious sickness
If the bowels and liver are kept healthy
and regular it Will be impossible for
typhoid and other dangerous summer
diseases to get a foothold
The most satisfactory remedy for
biliousness, constipation, collie. indiges.
ton, sour stomach dizziness. sicx
headache. etc, is Mozley's Lemon Elixir
the ideal laxative. 1t acts thor,
oughly but gently. and takes the place
OF calomel and pills, which are so nau-
seating to most people. and are inturi-
Gus to all. Mozley's Lemon Elixir ia
made of lemons and its value as a lay
ative is recognized by the medical pro.
fession everywhere. soc a bottle at
orug stores tu-thu-sat
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
Cheap Round Trip Ratcs
$17.35 st. Louis and Ro,u,

Dates of sale, July .. ,, 4. .. 6, Good
Is days. " "oou
1918 Detroit Mich, and return Dates
Of sale July >. 6, I, Good returntDst rs es
August 18th by depositing tickets witS
agent In Detroit and paying fee Of 5o
cents. 90
One and one third fares minimum :,
cents. round trip to all points no a,I, o.
Fourth of July celebration ~
sale, July ?, 8, A. Good returntns 20
July Sth.
adV-tf. w L. Reaslo,, ID
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
"Can.t GOING Bnokr nuttons.

Cripple Creek. Colo. June sS,-The Citt-
zens' Alliance has ordered 5000 buttons for
coat lapels bearing this inscriptions They
Can't Come Back" Every man in the dis
trict who Is opposed to the Western Fed
Grafton Of Miners is expected to wear them.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
Excursion Rates to Eastern crrfes Win
Savannah and Steamahfua

lie Central of Georgia Railway and
Its connections will sell excursion tick
sts to Eastern Cities and return via
Savannah and Ocean Steamship Com
pany or Merchants & Miners Transpor-
tZtion Company at greatly reduced
rates. Tickets \ include meals and
berth aboard ship. For further infor-
nation apply to nearest Ticket Agent
or r. B. White, Commercial Agent
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
IVY COAL & COKE co. v. LONG.
Action of Assnmnsit ANIMAL Rrn-. IL.

Ivy COAL d COKE co. v. LONG
Action of Assumpsit. Appeal from the
Circuit Court of Walker
i. Pleading and practice; when
amendment constitutes a departure
Where the original complaint in an ac-
ton OF assumpsit contains the common
counts and the plaintiff seeks to re-
cover as transferree. alleging that the
sum claimed is due by an account stat
co between the defendant and the
transferror, which said account had
been transferred to the plaintiff a
count added by amendment in which
the plaintiff claims the amount sued for
as Que from the defendant on an ac-
count stated between the plaintiff and
the defendant, is a departure from the
original cause of action and upon prom
er motion should be stricken.
2. Action of assumpsit; sufficiencv of
plea.-In an action of assumpsit. whore
the complaint contains the common
counts, plea which AYERS that the
contract sued on Is void for that II
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25

Denver. Colo. June ss.-Emil L, Johnson
n miner who was deported from crippss
Creek by the mfitAr-. committed suiclu-
here today, He was respondent because
his wife and small children were left des.
titute in Cripple Creek,
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
FIGHT At PICNIC
Ed spivey Kills Charles Hilton NJ Adj,
an, On

Adrian, Ga. June 24.-At n nicrto
here today, Ed spivey of Adrian. ana
Charles Hilton of Vidalia. became ~
volved in a fight. in which Spivev shot
and instantly killed Hilton Spive,,
claims he shot in self defense.
His clothes were cut and a knife was
found IN the dead mans hands. The
trouble was brought about by Hilton
occupying a seat which Spivey had va
Gated for a short time to get some wa
ter. Both young men bore good repu-
tations and the tragedy is depIored.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-25
+ lies.

Just received one soIid.car
load of Window and Door
Screens. new designs, and
for sale at prices never before
known in Montgomery.
Special prices to dealers.
Mail Orders solicited.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-01-07
The 8ismarek Tribn,1e,
BY N. n. JEWELL.
THE DAILY TRIBUNE.

S Published every afternoon, except Sum-
day, at Bismarck, North Dakota, Is deliv-
cred by carrier to all parts Of the city at
30 cents per months, or S per year. The
daily sent to any address in the United
States and Canada, postage prepaid, S per
rear; s. for six months; $3.50 for three
months. r e%
THE WEEKLY TRIBUNE.
Published every Friday; eight Kages,
containing q summary Of the news af the
week-local and foreign-particular atten-
zion being paid to state news. Sent to
any address, postage paid, for 800 for
one year; so cents for six months; Is cents
for three months. "a -. .,-.
The Bismarck Tribune is the Oldest
newspaper In the state-established June
1878 It has a wide circulation and Is
q desirable advertising medium. Being
published at the capital of the state Il
snakes a feature Of state news, of SEMI
Official character, and is therefore particu-
larly interesting to all who desire to keep
the run of state affairs-political, social
and business. ..,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-01-07

eclat. Crimson vests were formerly
the thing, but since young Jake
Tschetter left for s. D., the young
Ward McAllisters have not followed
the fashion he set. Pince-nez with
shoestrings had quite a run, but as as
they failed to 60 well with overalls
they were discarded. All the males
Of the smart set now wear tooth
brushes in their upper left-hand vest
pockets next to their combs thereby
showing to the world chat they wash
their teeth. All the members wear
handkerchief about their necks at
their hoe downs and all have cold
feet when it comes to paying the
fiddler. .E d 4. /. s.s .%.s.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-01-07

It is not so easy to harmonic the
democracy. At the recent Mcclellan
dinner in New York, Ex-President
Cleveland refused to come, remember
ing the sights once put upon him by
some Of those prominent in arranging
the dinner. w. J. Bryan was not in
vited; Senator German and Judge
Parker of New York were not present.
Dave Hill was there, but great many
left the room before he finished speak
ing. Altogether, it seems to have
been a rather doleful affair, and indi-
cative Of the disharmony that prevails
in democratic councils
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-01-07

The LaMoure Chronicle seems to be
engaged in putting up STRAW men" to
be knocked down by the young and
frisky editor of that sheet-or else
Taylor sees ghosts every time he
thinks about republican leaders in this
state. Taylor is "afeared" of the
bosses and seems to be endeavorine
to butt in closer than Winship even
next to the people. ..