davidaulloa/AmericanStories huggingface dataset:
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

-
Fan, cashier OF the North Bennington
national bank, for the position. MI
Huling, not ~unnaturally, made a de-
cided objection, claiming ne was per-
fectly competent to manage his bust
ness and insisting that if he wanted
to get married it was his own affair
and did not concern anyone else.
Nevertheless, his contention was in
effectual and Mr.. Hall took charge of
his estate. The old gentleman then
sought an opportunity to see his at
torney, but even this privilege was
denied him, and all one afternoon the
citizens of Bennington witnessed the
edifying spectacle of the old gentle
man being restrained from consult
ing with a lawyer.
His Rights Restored Him.
Such a condition of affairs could not
exist for long, and within a few
days, by the aid of Miss Bissell, Mr..
Huling was enabled to see his coun-
sci, who promptly called the attention
| of the probate judge to the situation
and peremptorily insisted that the. old
gentleman's rights be granted to him.
To relieve the pressure Miss Bissell
was advised to bring a writ of habeas
| corpus, which she did, and after the
hearing the judge decided to dissolve
the guardianship, a physician testify
ing that Mr.. Huling was not insane
and showed ability to manage his
own affairs.
We'll get married now" said the
old gentleman determinedly, immedi-
ately after the conclusion of the court
proceedings.
But l haven't any Clothes" blush
ingly said Miss Bissell, as the gath
| ering in the law office exchanged
| glances of amusement.
CLOTHES or no Clothes" vehement
ly insisted the old gentleman, well
have the whole thing settled right
here and now for good, and we won't
have any more arrests or guardians
or anything of that sort"
Just think of the pretty white
dress I made and wore up to the
uOuSO Lie OIuC hiShS SOiCly " an
wedding" half-protestingly declared
the young woman.
Are Made Man and Wife.
"Oh, that's all over now, firmly de-
| clared Mr.. Huling.s 1--we got the
| license right here in my pocket, and
/ guess we can find a minister who
| will fix us up all right. We won't
take any chances on going out, for
| they might have some other writ or
| summons against me, but wen be
married right here in this Office, and
then they a see where they land"
Miss Bissell could but assent to the
demand of the old gentleman, and a
messenger was dispatched for a min
lister. Rev. c. w. Rowley, Phi. D.,
pastor of the Bennington Methodist
| church, who lives around the corner,
about a block away, was at home and
said he would gladly call at the law
yer's Office and do as requested. aud
in half an hour he was ON hand. In
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

come Mrs. Huling. clad IN garments Of
snowy white and accompanied by her
sister and a girl friend, climbed the hill
on which the Huling dwelling is located.
The trio was the observed Of all OBJ
servers, and seemed not unwilling to
let the porulace know that a most mo-
mentous event was to occur. At the
house the party was ushered into the
parlor, and in a few minutes was joined
by the pastor of the Baptist church,
who was to perform the ceremony.
Where was the groom?> The houSe-
keeper could only say that he had gone
to Bennington a short time previously
in the carriage of one of the opposing
relatives, but neglected to state that he
had been taken by force and that he
had been given no opportunity to ex-
plain his predicament to his fiancee.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

eral health was affected when l began
using them. My feet were swollen, my
eyes pulled, and dizzy spells were fire.
quent. Kidney action was irregular
and the secretions highly colored.
Today, however, / am a well woman,
and l am confident that Doan's Kidney
Pills have made me SO, and are keeping
me WELL"
Sold by all dealers. SO cents a box.
Foster-Milburn Co., Buffalo, N. Y.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

the presence Of the lawyer and two
or three sincere friends Mr.. Hulins
therefore secured his bride.
Then the rooster of victory perched
on the Huling banner and has been
growing Justify ever since.
Young Wife is Pretty.
Miss Bissell lived at the time of her
marriage with a Mrs. Shepard, but pre-
vious to that she occupied rooms in the
house of n Of Mr.. Huling's tenants,
and it was there that the old gentleman
met and learned to admire her. Perhaps
the enthusiastic praise of the young
woman's ~landlady attracted him as much
as anything else, but the principal rea-
son was supposedly her good looks.
However, meetings were arranged and
the couple were occasionally seen on the
streets of North Bennington. This
aroused no particular comment. =.
Indeed, until after the surprised
housekeeper, the night Mr.. Huling was
arrested on the charge of intoxication,
notified the opposing relatives that
there was evidently a wedding on the
tapis for that evening only a very few
persons had knowledge that the old gen.
tleman really seriously contemplated
matrimony. So the whole affair was
actually a sort of connubial bombshell.
Wealth of Bridegroom.
Columbus Huling, the bridegroom, is
said to be worth about 5000, 900. That is
not believed to be an eXaggeration. One
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

and other kidney ills,
will find comfort in
the words of Mrs.
Jane Farrell, of COG
Ocean Ave, Jersey
City, N. j., who says:
Il reiterate all l
have said before in
praise of Doan's Kid
ney Pills. l had been
having heavy back
aches, and nv gen
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
Correct,

"Now. gentlemen" said the lecturer on
commerce and manufactures, mention one
of the most important collateral branches
of the oil business"
Writing for the magazines" prompt
w responded the student who keeps
abreast of the times.-Pittsburg Post.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
Applied Art.

First Sweet Sixteen-Oh, my Fritz IS
very musical. He composes heavenly
waltzes.
Second Ditto-So is my Hans. He
even kisses in waltz time.-Translated for
Tales from M~eggendorfer Blaetter.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
A Definition,

Gladys-Mamma, what is a "cursory
glance?"
Mamma-It is the kind of look that your
father gives when he wants to swear but
doesn't dare.-Roslyn News.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

Taylor's Cherokee Remedy of Sweet Gum
and Mullen is Nature great remedy Cures
Coughs, Colds, Group and Consumption,
and all throat and lung troubles. AT drug,
gists, 25c., SOC. and $l.0O per bottle.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

Do not believe Piso's Cure for Consump-
tion has an equal for coughs and colds.CJ.
+. Boyer. Trinity Springs, Ind, Feb. 10, 1900.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
The Rivals.

Mr.. RichfellO-Miss De Slimm is ev.
identity a woman of many fine points.
Rival Belief should say so. Did
you see her elbows?-N Y. Weekly.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
His Turn to Cut.

Hevitt-Why did you cut that fellow
who just bowed to you?
Jewett-I was getting back at him;
| he performed an operation on me awhile,
ago.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02

Some men never seem to be satisfied
with anything until they attend their OWL
funeral.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
JOYS OF Maternity
IA WOMAN'S BEST HOPES REALIZED
Mrs. Potts Tells How Women Should
Prepare for Motherhood

The darkest days Of husband and
wife are when they come to look for
ware to childless and lonely old age.
Many a wife has found herself inca
pable of motherhood owing to a dis
placement of the womb or lack Of
strength in the generatiye organs.
The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1905-12-02
TWICE-TOLD TESTIMONY.
A Woman Who Has Suffered Tells How
to Find Relief.

The thousands of women who suffer
backache, languor, urinary disorders
The Montgomery advertiser., 1905-08-04

action by the administratrix of an in- testate, the word "plaintiff" when used in the pleading. refers to the admins tratrix, and not to the intestate.
 g. Pleading; error without injury The overruling of demurrer to pleas, if error, is error without injury, where the plaintiff gets the full benefit of the principal of law claimed in the demur Ter, under the general charge of the court.
 s. Damages: contributory negligence by young child.-It is a question for the jury to decide whether a child 10 years of age has sufficient discretion to be guilty of contributory negligence.
 {. Same; negligence: combustible ma terial.--It is no more negligent to leave explosives, which have become so dam aged as to be non explosive. and merely combustible, in an open, unguarded house, than 1t Is to leave hay in such manner.
 B. Same; explosives: negligence; nuis- ance-Keeping explosives fin large quantities. in the vicinity of dwellings or places of business, Is ordinarily nuisance, and whether so or not, de- bends on the locality. the quantity and surrounding circumstances. But neg1i- Bence Tn the manner or keeping, or III keeping large quantities. Is requisite to impose a liability in damages occasion ed by an accidental explosion or fire. which it Is incumbent on the party af- flrming. to prove.
 6. Same; contrlbutory negligcnce; representations the age of a child may be important In determining the question of contributory negligence. or the duty of the company after dis covering him. 1t is. in general, no more bound to keep its premises safe from children who are trnspassers. or bare licensees not invited or enticed by 1t. than 1t Is to keep them safe for adults. Ordinarily, a man wh Is using his property in a public place Is not obliged to employ a special guard to protect 1t from the intrusion Of children. merely because an intruding child may be in- jured by 1t.
 6, Appeal: charge of court; bill of ex- ceptions-A charge of the court which Is not set out in the bill of exceptions, will not be regarded on appeal.
 Affirmed. e.
 Opinion by simpson, V
The Montgomery advertiser., 1905-08-04
WASHBURN, Admr.. V. UNION CEN
 TRAIL LIFE INSURANCE co.

WASHBURN. Admr.. V. UNION CEN
 TRAIL LIFE INSURANCE co. Action on Life Insurance Policy -Ap-
 peal from the City Court of Gads-
 den.
 l. Forfeiture: waiver of, what con- stitutes,-If after knowledge of all the facts, the conduct of an insurance com pany has been such as to reasonably imply a purpose not to insist upon a forfeiture of the policy of insurance, the law. leaning against forfeitures, will apply the peculiar doctrine of waiver, invented probably to prevent them, and will hold the insurer irre- vocably bound as by an election to treat the contract as If no cause of forfei- ture had occurred.
 2. Same; waiver of irrevocable-A forfeiture occurs, If at all, immediate ly upon the breach of the condition in the contract on which 1t Is based, and a waiver of the forfeiture, once made, whether by declarations, or by acts and conduct, cannot be recalled.
 3. Same; not favored by law.-For- feitures for non-payment of premiums are not favored by law and the courts are always prompt to seize hold of any circumstances that indicate an election to waive the forfeiture.
 4. Waiver of forfeiture. no consid- eration necessary to support.-The con ditlons of a policy of insurance being for the benefit of the insurer, and which he may waive, no consideration Is nec- essary to support such waiver.
 g. Same; insistence upon payment of note taken for unpaid premium.-While the mere retention of note. after de- fault. taken for an unpaid premium without more. would not probably amount to a waiver of the forfeiture of the policy. yet when, as in this case there fs an insistence by the insurer on the payment of the defauited note.
The Montgomery advertiser., 1905-08-04

SOUTHERN RAILWAY COMPANY vs
 WILLIAMS. ADMINISTRATORS. Action for Personal Injuries Resulting
 In Death.-Appeal from the City
 Court of Birmingham.
 l. Actionable negligence.-Actiona- ble negligence has been correctly stated as follows: "Actionable negli- gence is the failure to discharge a le- gal duty to the person injured. If there Is no duty. thero is no negli- gence. Even If the defendant owes a duty to some one else, but does not owe 1t to the person injured, no ac- ton will lie. The duty must be due to the person injured"
 2. Railroad crossings; duty of rail- roads to what class of persons, not limited.-The protection given to per sons and property, at railroad cross- ings. Is not limited to trains using said crossing nor to the passengers and employees thereon.
 3. Same--Where there is a failure to comply with the statutory require- ments imposed on a railroad company at a railroad crossing, the law inn putes negligence and imposes on the company liability for all damages to persons or property resulting from such failure, although no negligence toward the plaintiff personally be shown.
 {. General charge; when error with out injury.-Where the damages sought to be recovered are the same under each of several counts of a com plaint. the giving of the general charge for the plaintiff, on each count. given as to either of them. though wrongfully given as to others.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1905-08-04

Misses Bertha and Valera Copeland. who have been visiting with Miss Pearl Soost, at her parents hospita- ble home on Mon Luis Island, have re- turned.
The Montgomery advertiser., 1905-08-04

on appeal.
 2. Deed; execution; acknowledge mcnt.-Where a deed executed by q person unable to write his name, has the name written thereon by another person. and q cross mark Is placed between the Christian and surname, but the words her mark" are omit ted. and the deed is then acknowledged in proper form before a proper officer, 1t Is valid.
 B. Same; same: burden of proof The party objecting to a oeed which has been regularly acknowledged, has the burden of proof of such facts as would overcome the legal effect of the acknowledgement before his objection will be sustaine.
 4. Same; ssme; same.-Where a husband and wife appear before a proper officer and acknowledge their signatures to a conveyance, the con- veyance Is valid although neither of them actually signed their names. The acknowledgement Is a sufficient adop- ton of the signatures as their own.
 5. Same; description of property Where a deed conveying a body of lands contains an exception which Is void for uncertainty of description, the validity of the deed Is not affected. The invalidity Is applicable to the ex- ception alone.
 6. Same; same.-Where the descrip- tion in a deed contains the words less eighty acres sold w. S. Oates before" the exception is not void for uncer- tainty. as 1t might be made certain by evidence aliunde.
 Affirmed
 Opinion by Denson, J.
The Montgomery advertiser., 1905-08-04
LOYD vs. OATES.

Statutory Action of Ejectment.-Ap-
 peal from Circuit Court of Henry
 County
 1. Trial of court without jury; finding on facts; appeal.-Where a case Is tried by the court without a jury, and no special finding of the facts is made TO requested. and the facts Is made or requested, and the clusion of the judge stands as the ver- dict of c jury, and cannot be revised
The Montgomery advertiser., 1905-08-04
McLENDoN V. MKIssACK.

MCLENDON V. MK1SSACk.
 Motion for New Trial.-Appcal from
 Circuit Court of Henry County.
 1. Charge of court; argumentative charge.-Writtcn charges, which are argumentative in form. are properly re- fused.
 2. Charge of court: commingling of goods.-The merely commingling by person of his goods. with those of an. other, does not destroy the owners property rights in his own goods. un- less by such commingling the identity of the goods be lost, or unless such commingling was done with . fraud ulent intent and purpose.
 8. Charge of court; motion for a new trial; evidence-On a motion Tor new trial, the same should not be grant cd because the court refused charge which confines a party in meeting the burdens of proof placed on him by the proven circumstances. to the fntroduc- tion of other evidence, and ignoring his right to offer evidence explanatory of facts and circumstances introduced by his opponent.
 {. New trial; conflicting evidence.- A verdict of jury will not be set aside on appeal. merely because party ex- amined on his own behalf, makes con tradictory statements, the opportunities for determining the weight and sufi- ciency of the evidence by the lower court and the jury. being better than theppportunities of the appellate court.
 5. Same; newly discovered evidence. Where by a proper examination Of party testifying in his own behalf. cer- tain facts might have been shown. such facts are not proper matter upon which to base motion for new trial on ground of newly discovered evidence. A new trial on the ground of surprise will not be granted unless the movant claimed at the trial to be surprised.
 Affirmed.
 Opinion by Dowdel1, J.
The Montgomery advertiser., 1905-08-04
DUDLEY vs. FITZPATRICK.
'pinion by Haralson. J.

Application for mandamus.-Appeal
 from the Circuit Court of Jefferson
 l. Constitutional law; local laws: notice.-The notice required by section 106 of the constitution, is not required therein to be signed by any one. and an unsigned notice. If otherwise in ac- cordance with tho provisions of that section, is sufficient.
 2. Same; same: journal.-An omis- sion in the printed Journal of the House of Representatives. may be cured by reference to the original Journal. when the omission is thereby shown.
 2. Same; same: same-Though the section 106 of the Constitution requires that notice of a local law. and proof thereof. shall be spread upon the jour nals, 1t Is sufficient compliance there with to paste written or printed copy thereof on such Journals, as such ac- ton shows a legislative construction of the requirements of the Constitution, which will be followed by the courts.
 {. Same: same: same.-Where notice IS given that application would be made to the Legislature. to authorize suits in one court to be transferred to another. the transfer is the subject of the law, and provisions of the act pass ed under such notice, prescribing the duties of the judge in making orders of transfer and of the clerk in forwarding papers, and copies of minute entries. etc, are no part of the substance of the law, but merely matters of detail, with out which, the act would nevertheless be complete.
 Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1905-08-04

KANSAS CITY. MEMPHIS AND BIR-
 MINGHAM R. R. CO, V. BUTLER. Action for personal in5uries-Appeal
 from the City Court of Birming-
 ham.
 1. Jurisdiction.-The act approved March 5, 1903, requiring suits for per sonal injuries to be brought in the county where the injury occurred has no application where the injury was sustained and the suit based thereon was commenced, prior to its passage.
 ?. Motion to strike. when ruling on. not reviewable.-A ruling of the trial court will not be reviewed on appeal. when the same is not set forth in tho bill of exceptions.
 g. Expert opinion-Upon facts hypothesised In a question to him q physician may state his opinion as to whether an injury is permanent. or whether the injured person would like ly recover
 4. Evidence; declaration of sick per- son as to bodily feelings. when admis- sible.-Whenever the bodily or mental feelings of an individual are material to be proved. the usual expressions of such feelings, made at the time In ques- tion. are original evidence.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-08-04
The News of Mobile

served and good time had by all pre- snet.
 The Herald tonight issued an edition of 12,000 copies for free distribution in the Mobile territory, to allay any un- necessary alarm and to let the gen. erai public know of Mobiles unexcell- ed healthful conditions, her scientific method of handling fruit vessels and other similar matters of general in- terest.
 It Is Q bit of public enterprise on the part of The Herald that received high praise from Mobilians, and espe- ciaIly her mercantile and other busi- ness men.
 Mayor Pat Lyons at noon today opened bids for the erection of a city stable for shelter of horses and wag- ons of the city street department. There were live bidders, the lowest be- ing Gabe Chamblin. to whom the con- tract was awarded. The stables will be of brick with composite roof and the stalls are to be well ventilated and lighted.
 Mary H. Rchnwick today filed e suit against the Home Telephone Company for $10,000 damages. She alleges that on May "A. in crossing Cont and Com merce Streets, she came in contact with a fallen wire of defendant com pany and was thrown to the ground and sustained a broken limb.
 Lieutenant Ed Nelson of Battery A. Alabama State Artillery, has returned from Montgomery, where he spent few days after the breaking of camps.
 Lieutenant Nelson. while in Mont alectod a n Der of Battery B. of Montgomery.
 Leslie Turner has returned from an extended tour of the west, where he went in search of health. He left this evening for Biloxi. Miss, where he has large timber interests.
 Misses Bertha and Valera Copeland, who have been visiting with Miss ble home on Mon Luis Island, have re- turned.
 Mobile Society News
 Speaking of handsome homes. one of Government Streets greatest orna- ments now Is the new home of Mir. and Mrs. E. J. Buck, formerly the Toxey place. which will shortly be ready for occupancy. Standing on a terraced lawn--or what will presently be a lawn-the simple lines of the building give a restful appearance of dignity and strength which Is most att tractive. The Cawthons will live with the Bucks and they expect to take possession before leaving for their summer trip.
 Colonel and Mrs. D. R. Burgess left last evening over the Southern for Asheyille, N C. where they will snend some weeks. later going North. Work will soon be begun on the Burgess new home which is to be erected on one of the Rapier lots on Government Street. and will be very handsome.
 Miss Louise Sprague has returned from a visit to New York. called home by the illness of her brother. Mir. Fred Sprague.
 Mrs. F. w. Bromberg of Birming- ham and children are in the city, visit ing MT. and Mrs. J. Blocker Thorn ton.
 Mrs. w. H. Monk. Jr.. and daugh- ter. Katherine. left over tho Southern last evening for Muskoka Lake. Cam ada.
 Captain W. F. Tebbetts left today for New York whence he will sail for Europe to be gone six months. Miss Mollie Thames left today for Rock Bridge Alum Springs to join her sister. Mrs. Walker. Mir. w. H. Mcintosh left today for Blowing Rock. N. C.. to join his fam lily.
 MT. and Mrs. E. c. Hughes are spending this week at Point Clear.
The Montgomery advertiser., 1905-08-04
Head-Notes @Me Decisions
 @ Supreme Court Alabama

HARDEN EFT AL vs. BADHAM Bill in Equity to Enjoin Suit and Re-
 scind Contract of Sale.-Appeal
 from the Chancery Court of Jeff
 ferson.
 1. Contract of sale; right of recis- ion.-Where by the fraudulent repre- sentation of a vendor in relation to material facts concerning the title of land, the falsity of which he has not the means of ascertaining and could not ascertain by reasonable diligence, one Is induced to invest his money in the purchase of land, the purchaser can by bill in equity rescind the sale, and have the contract of purchase an nulled.
 2. Same; same.-If the vendor of lands falsely represents his title to be good. when 1t is not, and the pur- chaser relying on such representation, is thereby induced to enter into a contract to purchase said land, such misrepresentation. though made under an honest mistake as to the sufficiency of the title, entities the purchaser to have the contract rescinded.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-08-04
Opinion by Dowdell. J.

CHAMBERS, ADMx., V. MILNER COAL
 AND RAILWAY co. Action for Damages for Negligence. Causing Death.-Appeal from Cir cult Court of Jefferson County. 1. Pleading; who is plaintin.-In an