davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-09-23
BRADY V. BRADY.


 Bill in Equity for alimony. Appeal
 from the Chancery Court of El-
 1. Alimony allowed although divorce not asked for.-In this State, courts of equity have Jurisdiction to grant alimony to a married woman in the nature of maintenance. disconnected from any proceedings for a divorce; but in a suit where a divorce Is not sought. the allowance of temporary alimony, or alimony pending the suit. is matter which rests in the sound discretion of the court.
 2. Same; same; case at bar.--In suit by wife for alimony in which she does not ask for a divorce, where the undisputed evidence shows that the annual income of the husband is ance of alimony of Sf2.50 per month for the complainant is excessive
 8. Equity pleading and practice; bill for alimony; when decree will not support appeal: mandamus.-Where a wife files a bill against her husband for alimony without also asking for a divorce, decree confirming the re- port of the Chancellor as to the amount of alimony to be allowed. and ordering the respondent to pay a giv- en amount to the Register to defray the fees of complainant's solicitors. and tho monthly payments to com plainant pending the suit; and furth- CT ordering that. in default of the payment of said amounts, the respon- dent should be imprisoned in jail, Is not such a final decree as will sup port an appeal; but, upon a motion being made In this Court for manda- mus and submitted upon the certified transcript, said decree can be vaca- ted by mandamus (Brindley v. Brind- icy. 115 Ala. 474, explained and quail fied.)
 Mandamus awarded ..-.".
The Montgomery advertiser., 1905-09-23
Mandamus awarded. F. Opinion by Anderson,
MOBILE LAND IMPROVEMENT co.
 Ys GASS

Bill in Equity to Have Annulled Deeds >~ of a Corporation.-Appe from the
 Chancery Court of Mobile.
 l.. Corporations; relation of director and officer; when deed set aside.- Where director and officer of a cor poration, in disregard and breach of his fiduciary relation, secures the corpor- ate authorities to convey to him prop eFty of the corporation. such transac- tion is voidable. and the corporation can maintain a bill in it's own name to have the deed conveying the property set aside and annulled.
 2. Same; same: same.-Where one who Is director and secretary and treasurer of q corporation, at meet ing of the directors of said corporation in which it was necessary for such person to participate to constitute a quorum, induces said meeting to au- thorize a conveyance of the corporate property to him, and his vote secured the passage of said resolution. the sub sequent conveyance of the property by the corporate authorities in accordance with said resolution can be set aside and annulled by a bill being filed in equity for such purpose by the corpor- ation itself. .
 3. Equity pleading and practice; when relief can be given under general prayer,-Where bill fin equity seeks to have certain cOnveyances cancelled and annulled upon the ground that they are absolutely void. and the averments of the bill and its prayer for specific relief are based upon such theory. but such bill also contains a prayer for general relief. if upon the .averments and proof 1t is shown that the trans action while not void ab initio was voldable. and the complaint was enti- tied to have the cOnveyances annulled. the relief can be had under the general prayer.
 Reversed and remanded.
 OOfnfOn hv Anderson
The Montgomery advertiser., 1905-09-23
OIotor Chr ExDerIment.

Omaha. Neb., Sept 22.-Motor car No. 2, received it's official test by the Union Pacific Railroad today. making a trip of sixty-two miles during the course of which 1t reached the maxi mum speed of B3.2 miles an hour The car was driven by its designer, W. R. McKeen, superintendent of motive power of the Union Pacific Railroad. and carried several railroad officials including Vice President Mohler and United States Senator Willard
 This car is the first one built for practical purposes A speed of fifty miles an hour was easily maintained. The car Is 55 feet long and is con structed to carry fifty persons. The branches of the entire system will be equipped with the cars as fast as they can be built.
The Montgomery advertiser., 1905-09-23

and that when defendants were re- ouested by complainants to pay on d prior mortgage on the same lano' oe- fendants refused, and also deciineo to make further advances, and threaten ed to foreclose their mortgage, unless complainants made them an aosoiute deed, but sayinlg 'all we want IS se- curity for our money, ana you can have the land back at any time you nav us" and that thereupon defend- ants executed the deed, such aver ments are sufficient to maintain the bill.
 ? Same: Iaches; what constitutes. -Whateyer may be the rule as to laches, where fraud is relied on to yacate a deed executed by a mortgag- or to a mortgsgee. conveying his equi- ty of redemption. 1t can have no appli- cation when the gravamen of the bill is to have a conveyance absolute on It's face declared a mortgage. (explaining Goree " Clements, 94 Ala. 33I)
 3. Same; right to redeem; on what depends right to re- deem, in such case, does not depend upon his repudiation of the deed on &C., count of fraud, but to the contrary his asserted right is in recognition of the validity to the extent that 1t Is bind ing as a security for the debt he may owe the mortgagee.
 f. Same; misjoinder of complain ants; what is not.-1n such case, complainants owning jointly entire tract of land conveyed to secure debt for which each was liable have a com mon interest in right of redemption, and are properly joined, though one of complaInants has no interest in home stead of the other in the land. which homestead was not conveyed by the deed.
 ,. Same; usury; averment unneces- sary.--Where relief sought by the bill Is redemption under deed. which is averred to be, in legal effect, a mort gage. an averment of usury, whether sufficient or insufficient, is wholly nom essential to the equity upon which re- lief is sought.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-09-23

E,.c,ric ltpbted dining cars are on trains I and 4 hetWeen Birmingham and New or leans, Lebanon and cinciunati; also on Nashville Service la carte.
 New and handsome chair cars tseats free) operated on trains l and between Cincinnati and New Orleans. High back seat coaches and chair cars are also run on all through trains between CincinnStL Nashville and New Orleans.
 Train No. carries through Pullmans from Chicago, Cincinnati and New York to New Orleans. Also through day coach and sleeper between St Louis and Montgomery. through tourist sleepers to San Francisco
 Train No. carries through Pullmans from Cincinnati and New York to New Orleans and St. Louis to Jacksonville; also leaving Montgomery at S:3o p. m. Tuesday.
The Montgomery advertiser., 1905-09-23
ALABAMA CONSTRUCTION CoMPA-
 NY V. D. J. MEADoR.

Action of Assumpsit.
 1. Secondary evidence, when pred icate for admission not sufficient Where in an action on an account the plaintiff testified that he received a letter from the defendants, that the letter was left with his attorneys, and no evidence was offered to show that their evidence could not have been procured, the fact that plaintiff made searches in their office and with them and did not find it, did not establish the fact that it was lost or beyond their control, and a sufficent predicate was not laid for the proof of the con- tents of the letter by parol evidence.
 Reversed and remanded.
 opinion by Anderson, J.
The Montgomery advertiser., 1905-09-23
J. A. CHoATE V. SOUTHERN RAIL %= WAY COMPANY.

w <A 1-%NSp4A AAN
 Statutory action in the nature of an
 action of ejectment.
 l. Condemnation proceedings in the probate court: when Irregularities cannot be complained of.-Where after condemnation proceedings in the pro- bate court for a right of way over cer- tain lands were regularly completed and a decree rendered on the verdict of the jury assessing the amount which was to be paid by the plaintiff and the defendant received the amount and executed qutt-claim deed for the plaintiff for the right of way, the deed not being signed by the wife and the land over which the right of way ran, being the homestead, but the defendant did not appeal from the decree of con demnation. he cannot complain of ir- regularities in the proceedings on col lateral attack.
 2, Same; when conveyance not nec- essary.-Where under a petition In the probate court condemnation proceed ings were regularly completed and a decree rendered on the verdict of the jury assessing the amount. which was to be paid by the plaintiff, there is no | necessity for a conveyance by the de- fendant to the plaintiff. as under sec tion 1721 of the Code the decree of condemnation vested the title on pay- ment of the money.
 3, Same; parol evidence of what is covered by verdict of the jury.-In such case the record of the condemna- tion proceeding is the only evidence as to what the assessment was intended to cover and that cannot be contra dicted, varied or explained by parol testimony as to what was in the mind of the jurors, as that the damages as- sessed were only for the value of the crop and not for the land.
 4. Same; defendant estopped from denying that he had the legal title 10 the lands.-Where on petition tried in the probate court certain lands are condemned as belonging to the de- fendant ad the proceedings and the | defendants own acts treated them as his lands, he is estopped from deny ing such ownership.
 Affirmed.
 Opinion bV Simpson I
The Montgomery advertiser., 1905-09-23
AMERICAN ICE AND INDUSTRIES

LOMPANf, EFT AIS. V. CRANE, Bill in Equity to enjoin corporation
 from issuing bonds Appeal from
 the Chancery Court of Jefferson.
 l.. Corporations: when bond issue invalid.--A corporation in this State cannot issue bonds except for money. labor done. or property actually re- ceived Constitution, sec. 234; Code. sec 1270;) and. therefore, where the officers of a corporation have author ized the issuance of bonds which are to be distributed among the stockhold- CTS, such issuance is unauthorized and may be restrained at the suit of Q stockhoider.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-09-23

Wednesday and Saturday via New Orleans and Southern Pacific
 Train No carries through PuIlmans from New, Orleans to New York and Cincin- natl and Jacksonytlie to St. Louis, making connection at Nashville with through sleep CT to Chicago.
 Train No. carries through Pullman sieepers from New Orleans to New York, Cincinnati, Chicago and through day coach and sleeper Montgomery to St. Louis with out change.
 at Cincinnati, Evansville, St. Louis and New Orleans for all points North. South, East and West.
 For further information pertaining to rates, routes and schedules consult ticket agents l.. & N. R. R.. write or call on ". M. Wood, T. P. A, 22 Commerce St, phone 1495. Montgomery. Ala. or S. n. Surratt, Union Ticket Agent. 2,
The Montgomery advertiser., 1905-09-23
To Drive Out Malaria
 -.- K...anA

And buIId up Inc system. Take the Old Standard GROVES TASTELESS CHILL TONIC. You know what you are taking. The formula is plainly printed on every bottle. showing 1t Is simply Quinine and Iron in a taste less form. The Quinine drives out the malaria and the Iron builds up the sys- tenn. Sold by all dealers for 27 years. Price 30 cents. sat.
The Montgomery advertiser., 1905-09-23
Opinion by Simpson. J,
SAMUEL GERsoN. EFT AL. v I

N1E7l ' I11@ 11 1-F17N7+E' I1 T lAIl ', LD-
 MCND DAVIS EFT AL
 Bill in equity to have absolute con-
 veyance declared mortgage and
 for an accounting and redemption.
 Appeal from the City Court of
 Montgomery. in equity
 1. Declaring absolute conveyance 10 be q mortgage; avermsnts of bill. what suficient--on a bill filed to have q deed declared a mortgage, where 1t is averred that previous to the making of the deed. complainants were in. debted to the defendants. which debt was secured by a mortgage on land,
The Montgomery advertiser., 1905-09-23
Reversed and remanded. Opinion by Dowdell, J.
CARY W. BUTT, EFT AL. V. CLAUD
 Fl. MASTIN.
Statutory action in the nature Of
 etectmcnt


 etectmcnt
 l. Tract book; admissibility of as evidence.--A certified copy of the en- tries on the tract book in the once or the judge of probate Is not admissible in evidence. the original patent or certificate copy of the same oeing the highest and best evidence of the grant from the government to the patentee.
 2, Same,-The fact that the plalntlns did not have the original did not tablish a predicate for the introouC' ton of the certificate. not peins suel within the provision of section ISIS of the Code. -
 3, Ejeetment. evidence of eommnn source of title. when not ess estAnlSnc., ~, Where the plaintiffs attemp.ea D with them from a common source, such fact was not establishes oy showing that the defendant eAS'ileU
The Montgomery advertiser., 1905-09-23
Looking for substantlal Benents

Houston Post.
 The failure of tsKpaying voters to take a greater interest in local public affairs Is due to several causes, but per haps the chief reason Is that they have reached the deliberate conclusion that energy expended in business channels is rewarded with more substantial ben- efts. and. this being a utilitarian age, the substance and not the shadow Is what is most desired.
The Montgomery advertiser., 1905-09-23
WITH IMPURE DRINKING WATER

Use HOrsROrd's Acid Phosphate
 Destroys the germs of typhoid and other levers. Makes a refreshing and cooling summer drink. tu-thu-sat
The Montgomery advertiser., 1905-09-23
WALKER vs. THE STATE.

nSnt Lof murder.--Appeal lTOHl
 the Circuit Court of Walker.
 t Constitutional law: act creating Fourteenth Judicial Circuit local law ana unconstitutional.-The Act of the Legislature, approved March 6. 1903. "to create the Fourteenth Fsdicia1 Circuit or the State of Alabama. and fix the time of holding. court therein, etc" tActs 1903. p. s). is a local law within the meaning of Section 110 of the Con- stitution of 1901; and notice of an in- tentton to apply to the Legislature for the passage of such law not having been given as provided by Section 1o6 or the Constitution. such law Is un- constitutional and void.
 2. Trial and It's incidents; when Judgment of conviction void.--Where the trial of a criminal case is had at time not authorized by law for the holding of the Circuit Court trying said case. the judgment of conviction rend- cred in such case Is void. and will not support an appeal
 Appeal dismissed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1905-09-23
Quarantine
 Proclamation.
Mayors offica City of Montgomery, Ala,

City of Montgomery, Ala.
 Under and by virtue of the power vested in the Mayor of this city by the Legislature of Alabama and the City Council of Mont gomery. and in accordancs with the rec- Smmendations of the Board of Health or Montgomery N County, now. therefore
 l. c. P. McIntyxA Acting Mayor of the City of Montgomery. do hereby proclaim auarantine against the city of New Or leans. Louisianz- and persons living In any of the towns lying along the line of the Louisville and Nashville Railroad, between the said city of New Orleans. Louisiana. places that are nov or which may here after be infected with yellow fever. to the erect that no person or persons from such Infected point or points shall be allowed to come within ten miles of the city of Mont gomery, except under such regulations and restrictions as have been imposed by the state Board of Health. or for the purpees until public notice shaI: have Been gives or the disconttnuance of this quarantine.
 In witness whereof. I have hereunto set my hand and the seal of ths city oS montgomery, this 2Ith day of July, 1905.
 c. P. MINTYRE
 tsEA~A Acting Mayor.
 Mayors Office,
 City Of Montgomery, .Aia.
 hereby offer a reward of $1Oo for in. 1ormation that will lead to the arrest with evidence to convict. of any person who may hereafter enter the city of Montgomery ,I ,n viciation of my proclamation of Quaran- 'ine oated July 24th. 1908.
 Acting Mayor.
The Montgomery advertiser., 1905-09-23

.alae .,.S 10 a part of subdivision of which the land in coutrovsrsy was 6 part, but was distinct from the por- tion claimed by the plaintiff.
 opinion by Anderson. I,
The Montgomery advertiser., 1905-09-23
Low Round Trip Rates to Summer
 Resorts Via Southern Railway.

Montgomery to Asheville. N e. .sf7 SA montgomery to Hot Springs, N. c. i7.60 montgomery to Lake Toxaway. - N. .. 19.Ee montgomery to Waynesville, N. c. 1s.60 Montgomery to Tate Spring, Tenn ls go Montgomery to Asbury Park, N. J. .Ae. 50 Montgomery to Atlantic City. NJ. A7. .6o Montgomery to Long Branch.
 N. J. ............s.......s Ae.ee Montgomery to saratoga Springs.
 N. Y. ...........ss.a...sss bS.0S Montgomery to Newport. R. L... 61.70 The Southern Railway takes pleas-' ure in advising that tourist rates are on sale to various summer resorts, Car- olinas, Virginia. Tennessee. New York, New Jersey. Canadian Provinces and etc.
 Through car service to New xosk. Double daily trains.
 For rates. schedules and other tnfers nation call or address.
 John Metcalfe,
 T. P. A. Southern Railway
 Montgomery. Al&s Phone 2OI.
The Montgomery advertiser., 1905-09-23

F. MONROE CARLYLE V. THE STATE Indictment for murder. Appeal from
 Circuit Court of Marshall.
 l. Organization of grand jury in cap ital case, motion to quash indictment when record does not show.-Where the case was tried at the term at which the indictment was found and it ap- peared that the clerk had not written up the minutes. a motion to quash the Indictment on the ground that the record did not show an organization of the grand jury. is properly overruled i; section 2641 of the Code providing that the minutes must be read each morn ing being directory.
 2. same.--WheFe 1t appeared from the record that the case was tried at the term at which the indictment was found a motion to quash the indictment on the ground that the organization of the grand jury had not been recorded, was properly overruled, where it also apneared that the organization was written up before the court adtourned tor the term.
 s. Motion to auaah indictment. eesi- 6sncN ot grand jUror--A motion to bpash the in4jetnlHnt on the ground that one of the grand jurors was res kdent Of another county, Is properly oyasrnled. where 1t appeared that the
The Montgomery advertiser., 1905-09-23
Seaboard Air Line

Oait@htguI rau and water trip to the East via Norfoik or savannah. Apply to Jno H. Ketner. c. A; s. T. Suratt. U. T. A., Mont Gomerv Ala for full particulars, or Charles F. stewart. A. G., P. A.. Savannah
 Daily except Sunday
The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1905-06-03
STATE VS. ELUS LEBLANC.
Editor Of Messenger:
Mr.. Editor:

Editor OF Messenger:
Mr.. Editor:
The Attorney for the defence In the
case of the State vs. Elus Leblanc did not
consult with the Court and decide to dis
charge the Jury. as you stated last Sa-
tmrday, but on the contrary he objected
to the discharge Of the Jury and feeling
80 confident of an acquittal the attor-
ney for the defense proposed in writing
to try the case with the eleven remain
ing Jurors. as had been done before in a
case in this parish. waving all objec-
tions to any inregularity that might
arise during the trial Of the case.
In simple justice to a man charged
with numbering his wife, especially
when the whole evidence is circumstan-
tial, the press should report facts as they
are and not report rumor calculated 10
create prejudice.
l herewith copy the objection Of coun-
sci relative to the discharge of the jury.
viz:
State vs. Elus Leblanc.
Extract from minutes.
This was objected to by Counsel for
accused ON the grounds following:
LIST. Because the most material part
of the States Evidence had already been
heard by the Jury.
2nd. Because the accused could le-
gally be tried by Jury of Eleven Of the
IL Jurors, accused consenting thereto
and waving any further objection to
the legality Of any verdict that may be
rendered by said Elsyen Jurors.
3rd. Because no Juror shall be ex-
cused for any sickness without ascer-
tanning from the Parish Physician OF
Coroner. that his sickness il such that q
continuance of the trial would endan-
ger the Jurors life.
4th. Because the Sick Juror, II sick
enough to cause the discharge OF this
Jury, he living eight miles from the
Court House. could not possibly be
taken there tonight; that the Court
House where said Juror is now, Is airy
and has just been renovated, and said
Juror could have been easily taken care
Of for the night with chances that he
may be well enough In the morning Il
continue on the Jury.
9Th. That only three entries could bt
made In a case Of this kind. tO-wit
Guilty, mot Guilty, or "Mistrial".
xxx
The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1905-06-03

Over eighty persons from st.
Martlnville took advantage of the
excursion to BreauxBridge lastSnu
day to witness the game of base
ball that took place in that town
between Lafayette and Breaux
Bridge. Our married men club
had gone over too, to play, but on
account of the train returning SO
early the game was call off after
the first inning.
The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1905-06-03

We have pretty large stock Of
cuts of all kinds for the good dis
play Of advertisements or job work,
we have the type to please any bo-
dy and the material to do the work.
If you want the best job work, or
want to advertise to the greatest
number of readers, the Messenger
Office is the place.
The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1905-06-03

When a man applies for a Ii
cense to run a steamboat he has to
prove that he is competent to man.
age her. 1t might be good thing
for the country if he had to do the
same thing when he applies for q
license to marry a woman.
st. Bernard Voice.
The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1905-06-03
YOU KNOW WHAT YOU ARE TAKING

When you take GROVES TAsTELEss CHILL
Tonic BECAUSE the formula is plainly
printed on every bottle showing that 1t
IL simply Irou and Quinine in taste
less form. No Cure. No Pay. 30 cents