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The Montgomery advertiser., 1906-11-16
WoLMAR. ct al vs. LEHMAN-DURR
 COMPANY.

WoLMAR. ct al vs. LEHMAN-DURR
 COMPANY.
 BIll by Appellee to Set Aside volun-
 tary Conveyance as a Fraud on
 Creditors of Appellant.-(Dec
 April 2sth, 1903.-4f So. Rep. 75U.)
 1. Pledges; Assignnient of Debt; exhaustlng coRateral.--CompIain assigned to one of re DOT dents the note of B. but did not ssfgn the coliaterals held to the note note, a though 1t was expressly agreed that they would do so for the benefit of another respon- dent. He'd, that under Section s47. Code of 1896. the compiainants were required 10 exhaust the collaterals withheld before proceeding aHainst the respondent for whose benefit it agreed tn transfer the eof.ateraIs.
 g. Fraudulent conveyances; want of sonsideration.---A conveyance of land which expresses a consideration of one dallar and loyeeand affection. made by father to his children, is voluntary on it's face. and void as to creditors of the grantor
 8. Reformation of instruments.-- Tn order to maintain a bill to reform an instrument 1t must be plainly alleg- ed and clearly proven that the parties thereto mutually intended that it should be expressed in terms different from what 1t contained. and that this failure or difference of expression was tlfe result of mistake or fraud
 sRehearing denied June 30th. 1906.
 Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayre.
 Affirmed in part; rendered in part. and in part reversed and remanded. Opinion by Anderson. J.
 Weakley, C. J., Haraison, Simpson and Denson. JJ.. concur.
The Montgomery advertiser., 1906-11-16

though the only description given of the knife was that 1t was a small pock- CT knifA.
 5. Witnesses; inconsistent state- ment of witness; effect.--Tbe fact that a witness testified on tffi ect examina- ton that he saw the cutting, and on his cross examination stated that he did not see the killing, while going to his credibllity. was no ground for motion to exclude his testimony.
 sRehearing denied June 30th. 1906.
 Appeal from Montgomery City Court.
 Heard before Hon. ". H. Thomas.
 Reversed and Remanded. Opinion by Denson. ].
 Tyson. Dowdeii and Anderson. JJ.. concur.
The Montgomery advertiser., 1906-11-16

MIDDLEBROoKS VIZ. STEPHENS. Ejectment. Decided June s0th. 1906.
 41 So. Rep. 1851
 l. Deeds, acklow ed cement; sum- "iency.--After showing loss of the original deed, piaintiff offered a prop erty certified transcript of the record v the deed. Objection was made to 3ts introduction because the acknowi- edgement was void.
 The acknnwiedgement was as fol- lows; T, NJ. S. and N. s., in and for said county. hereby certify that M. S. and N s. whose names are signed to the foregoing conveyance, and who are known to. me. acknowledged before me this day that. being informed of the contents of this conveyance, they exc cuted the same voluntarily on the day the same bears dats, Given under my hand his Eth day of January 4. D. 1as7. s. J.. Cumming. N P Fix or. ]. p '' It was shown that g. J. Cummings was notary public at the time the deed was signed, and that he was dead. Held, the acknowledgment was sufEl- cient, and the court erred in refusing to admit transcript.
 3. Trial; objections to evidence; waiver.-The fact that appellant in- troduced q witness, who testified that she did not appear before the officer and acknowledge the dAsd, did not de- prive appellant of his exception to the erroneous ruling of the court in ex- ciuding the transcript.
 Appeal from Barbour Circuit Court.
 Heard before Hon. A. Evans.
 Reversed and Renanded, Opinion by Harslson, !.
 Weakley, c. J., Dowdell and Dem son, JJ., concur
The Montgomery advertiser., 1906-11-16
MONTGOMERY ct all V. PERRYNAN
 AND co.

Bill to Reform a Mortgage. Decided
 May 8, 1906.e--41. So. Rep. s3S.)
 1. Insane persons; guardian; in- structions from Court Where the guardian of an insane person executed a mortgage on the property of the in- sane person under a decree Of the ehancery court, such guardian had the right to apply to such court for in- structions and authority necessary to execute the trust, as other trustees.
 g. Same; sale of property of ward; confirmation.--The title of the prop erty of the ward being not fin the guardian, but in the ward, when sold under decree of the court. the court
The Montgomery advertiser., 1906-11-16

GAsToN. JUDGE vs. o'NEAL Mandamus to Compel Issue of License
 to Sell Lduior (pecided January
 18th, 1904. s--41 So. Rep. 742)
 Intoxicating liquors; license; statu- tory provisions-The charter of the City of Montgomery Local Acts 1894 g. p 37T) exempts persons procuring liquor license from the city from pay Ing license tax to the county for car rVing on this business. The Act of March 4th, 1908 General Acts, 1903. D. isl) provides for license tax for the counties and repeals all laws, gem aral and special, in conflict with its provisions The Act of September s0th. 1908. General Acts 1903. D. 3sS> confers powers on c umties to levy liquor license tax, but provides that the statute shall mot affect the exemp- tions allowed by City charters. He'd, that notwithstanding the definitions Of local and special laws contained in Section 10. Constitution of 19e1 the exemption contained in the charter was repealed by the Acts of March 4th. 1soS General Acts 1908, D. 1s41 and not revived by the Act of September soth, 1903 General Acts 1908, p 29s.) s sRehearing denied June 3oth, 1903.
 Appeal from Montgomery City Court. Reversed and Remanded. Opinion by Weakiey. G !
 Haraison. Dowdeil and Denson. u, concur.
 Dissen ding opinion by Tyson. J., in which Simpson and Anderson JJ.. con- cur
The Montgomery advertiser., 1906-11-16
InNEs vs RAXTEn-

Attachment. (Decid d June SOth. 1906
 Al So. Rep. Tsl.)
 1. Sheriffs; attachments; levy; au. thority outside of jurisdiction.---An at e tachment Is void that is levied by . sherift on property entirely without the limits of his county.
 2. Attachment; levy; defects; waiv-. CT; forthcoming bond.--The fact that a defendant in attachment gave a forthcoming bond to get possession Of his property taken under a void levy does render the levy valId, nor does it
The Montgomery advertiser., 1906-11-16

ever had any trouble with defendant. and answered Yes. in this way on redirect examination the state had the right to show the nature of the difii- culty without going Into the details Appeal from Montgomery City Court
 Heard before Hon. W. IT. Thomas
 Reversed and Remanded. Opinion by Denson. J.
 weakley c. J.. Haralson and Dow del JJ concur
The Montgomery advertiser., 1906-11-16
GREER va. HERRIN.

 Partition (Deci6ei June 18th. 1S0Ra
 41 So. Rep. 7S3.l
 Partition and division; interest Of uarties: probate court; jurisdiction.- Where the only interest of the psti tioning party in the land sought to be partitIoned was by virtue of the will nf the deceased owner, under which the only interest was right to sharo in the distribution of the assets of the estate after a sale thereof. subject to an adjustment in proportion to ada vances made. the probate court waS without jurisdiction to adjust these matters under statutory proceedings to sell lands for divisions among joint owners.
 .Rehearing denied July 9th. 1906. Appeal from Tallapoosa Probaet Court.
 Heard before Hon. c J. sorreIl. Reversed and Rendered. Opinion by Simpson. J. Weekday, c, J.. Tyson and Anderson. IJ., concur.
The Montgomery advertiser., 1906-11-16

deprive the attachment defendant Of, his right to have the levy vacated unon motion seasonabIy made
 Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce
 AmTrned. Opinion by Haralsnn, J. < Weakley. c. J.. DowaelI and Dem som. JJ.. concur.
The Montgomery advertiser., 1906-11-16
SOUTHERN EXPRESS COMPANY ys.
 OWENS.
Action for Damages for Loss of Manu.
 script. Decided April 2sth. ls0s."

Action for Damages for Loss of Manus
 script. Decided April 2Sth. lsOs."
 -Al So Rep. 754)
 |. Carriers. carriage of goods; limiting liability; negllgence.--A car rier, cannot, as a paid b4ilee, limit the extent of It's liability Ror the neEii- gence of itself or It's serv ants oriHgsnts hv an.agreed valuation upon eonsldera- ton of reduced charges for carriage If goods. where such agreed valua- ton Is disproportlcna to the real value of the go ds although the con- tents of the package. or it's real value are not disclosed to the carrier.
 2. Contracts; evidence; judicial mo- tiee; foreign decisions.--While 1t is true the. contract is governed by the law of the place, this doctrine must be invoked by pleading sustained hv proof of the laws of the jurisdictlon in which the contract was made. for the courts do not take judicial notice of the decisions of other states.
 8. Carriers; action for loss of goods: evidence: admissibi ity Where the ac- tion was for the loss of a manuscript. material to be used as text book upon a subject on which no textbook had been published. all though such manuscript had no mar ket value. 1t was proper to permit plaintiff to testify to the time and la- bor spent in the preparation nf the and to w nat he thought It was worth.
 slsehearng denedi June 30th, 1908.
 Appeal from Anniston City Court.
 Heard before Hon. Thomas W. Cole
 Affirmed. Opinion by DSnson. J.
 weakley. c. J. Haralson and Dow dell. JJ.. concur
The Montgomery advertiser., 1906-11-16
BENTON vs wrLLIAMs et al

BENTON vs. WILLIAMS. ct al. Detinue. (Decided May 18th. 1sO6 s--
 41 So. Rep. 7s3.)
 Bill or exceptions; signing: time aI- lowed.-A bill of exceptions signed af- ter the time allowed for It's signing has expired. will not be considered on appeal
 'Rehearing denied J2sa goth. 1908. Appeal from coosa Circuit Court. Heard before Hon. S. L. Brewer. -Afirmed Opinion by Simpson, l. Weakley, c. J., Haralson and Dow dell, JJ.. concur. /
The Montgomery advertiser., 1906-11-16
Rock IsIand Treaeurer.

New York, Nov. 15.-The directors of Ahe Chicago, Rock Island and Pa cifc Railway Company today elected as treasurer. George T. Boggs Mir Boggs has been assistant treasurer oi the company B. F. YoKim was elect. ed a member Of the executive commit taa Ae sueessa ", R Looda,.
The Montgomery advertiser., 1906-11-16

coLQUITT. ct al, vs. GILL ct al Bill to Remove Administration from
 the Probate to the Chancery Court
 (Decided July 9th. 190e.--41 So.
 Rep. 7s4.)
 1. Courts; removal of administra- ton from probate to chancery eourt.-- LeRatees or distr bute may maintain a bill to remove the administration of the estate from the probate to tho chancery court without assigning any cause. general or speeial. for equitable interpretation, where 1t appears thoro in that the probate court has not talk. en Jurisdiction for the specialS pur- pose of making a final settlement of the estate.
 9. Same: allegations. of bill.-Ths hill for removal need not allege that decedent was dead. or that there were assets of the estate in the county. theS~ facts being referable. to the grant ok letters of administration by the pro- bate court. to which alone Section 55. Code 1896. applies
 Appeal from Crenshaw ChancSry Court.
 Heard before Hon. W. L. Parks
 Afhrmed. Opinion by Anderson, J.
 Weakley. c. J., Tyson and Simpson. IT,, concur.
The Montgomery advertiser., 1906-11-16
MONTGOMERY STREET RAILWAY
 

 | CO. vs LEWIS. Action for Injury to Passenger. CDe- cided June s0th. 190S.--41 So. Rep.
 736.)
 l 1. Street railroads; operation; reKu- lation; statutes.-SectiOn 3441. Code tse6. requiring all trains to stop a hundred feet. from a crossing is ap- | plicable to street railways. l l 2. Carriages; street railroads: injur- les to passengers; negligence; plead ing.--A complaint by passenger on a street car for injuries in a wreck at railroad crossing, which alleges that those operating the c IT negligentlv ran the car on the railroad crossing with cut first kniowins that the track was clear, and that by reason of such neEli- Kence plaintiff was injured. was not demurrable for an insufficient attempt to particularize the negligence; the said complaint suff1ciently alleging violation of Section 344i. Code of 1898.
 3. samS; injury to passenger: will fui injury; evidence-The evidence stated and held to afford differences the servants in charge of the car nn which plaintiff was a passenger were guilty of a will'ul violation Of See- ton 3441. Code 1S9s.
 Same: instruct 'ons.--An instruc- tion asserting that there was no duty 1n the operatives of the car to come to full stop with the car before going upon the railroad crossing. unless they knew, or mad reasonable cause to know. that a train was approaching. Is erroneous. as contravening the aT- press requirements of Section s44L Code 1s9s.
 6. same.-A charge which asserts that it was the duty of the persona in charge of the train rc bring the train to a Full stop within not less than one hundred feet of the street car cross ing, and that the operatives in charge of the stgeet car has a right to assume that the said train of cars would be SO stopped. is erroneous and properly re- fused. the same being misleading, and Ignores the duty or the car operatives 10 stop as required by Section s441. Code 1896.
 G. Pleading: demurrer; pleadings good for certain purposes; nesligence. Ut is not error to overrule a demur- rer to a count in the complaint which Is good as count in simple negii- gence. although in said count 1t is insuficiently attempted D al!ege will fTi or wanton negligence.
 !. Appeal; assignment of error: waiver.-This court will treat as waiv- cd an assignment of error not insist ed on in appellants argument and brief
 Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre
 Affirmed. Opinion by Denson. J.
 Weakley, C. J, Haralson, Tyson, Simpson and Anderson. JJ.. concur.
The Montgomery advertiser., 1906-11-16
PARKER vs. THE STATE.

Crime. Decided July eth. 1s06.--41
 So. Rep. Ts4.)
 i. Appeal. record; bill of exceptions; signlng.-Unless it aiirmatively ap- pears of record that the bill of ex- captions was signed within the time required by law 1t will not be consid- cred on appeal
 Heard before Hon. H. H. Blackman. Affirmed. Opinion by simpson, J.
 Weakley. c. J.. Haralson and Denson, U, concur.
The Montgomery advertiser., 1906-11-16
head Notes Of the Decisions
 of Alabama Supreme Court

becomes the vendor. and until con firmed by the court the sale is in-l complete and confers no rights on the purchaser.
 3. Same; mortgage of wards prop erty; confirmation by court.--When 8 decree was entered by the court au- thorizing the mortgaging of the wards property, but the property to be mortgaged was not designated by the decree, but left to the selection of the guardian, such mortgage is$void, un- iess the making thereof is reported to and confirmed by the court.
 {. Reformation of instruments; .alidity.-The mortgage being void. in that it's making was never confirmed oy the court granting the right to sxecute 1t. 1t could not be made the ,asis of bill to correct mistakes of .escription therein,
 Rehearing denied July 6, 1906.
 Appeal from Jefferson Chancery Court. -S
 Heard before Hon. A H. Benners.
 Reversed and Rendered. Opinion by Tysons !.
 weakley. c. j.. simpson and Ander- son, JJ.s concur.
The Montgomery advertiser., 1906-11-16
COTTON BAGC..NG.

BR. Sabel 6 sons. Call for secUnd-hand BaERing and Ties, gcod as new. I0?-i04 Bibb St. Phone 72.
The Montgomery advertiser., 1906-11-16
DRUGGlsTA

E. c. 0DanR.
 Pure Virgin olive OIL Best in the world fer saiadA 100 Dexter Ave Phone %.
The Montgomery advertiser., 1906-11-16

CEMEN f, LAME, ETC.
 CaEOlina Portland &mene Co. Also Plaster. Fare Brlck. Ro0ttng Paper. Stocks stored in L. & N warehouse, Mont SOm ry. Ala. Ad- dress inquiries to Atialta, Ga
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19
A Wedding.

Mr.. Vance Brigham, of this
city and Miss Lavinia Graham
were united in marriage at Isacs
on Sunday at the home of the
brides brother, Mr.. M. Graham,
Col. l.. Kennedy officiating,
while immediate relatives and
friends rejoiced with the happy
pair. The bridegroom is well
known in this city as one of the
Crystal Bottling Works on Cen
trail avenue and his bonny bride
is said to have many admires and
friends. They will make their
home in Fitzgerald and the En-.
terprise joins in bidding them a
hearty welcome.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

The butcher. Phone 1917. If
There is no change in the con.
dition of Mrs. Van Buren,.
Prof. James T. Saunders has
gone in with the r. J. Prentiss
Insurance Agency.
Fresh meat at Byrds on
Central ave. opposite P. 0. 1O2.1m
Misses Nellie and Eula Gar.
butt came home yesterday from
Meridian, Miss, where they
have been attending school the
past term.
Hot and cold baths at the
Grant Street Barber Shop, P. b.
Owen, Proprietor. tt
Wanted:-Southern mineral
lands, Cobalt. manganese, gold,
graphite, tale, copper, soapstone,
kaolin. Devenny, Eighty Wall
Street, New York.
Foster Dwight Coburn, an ex-
pert farmer of Kansas, says he
would rather stick to fields and
crop figures than 60 to Congress
and has positively refused the
senatorial toga.
The Winona Heights Co., has
let the contract to c. w. Hayes
for 1000 lineal feet of tile side.
walk and 1000 feet of same in
their suburb at the south of Lee
and Main street.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19
Bankrupt Sale.

By authority of an order of Hon.
Alexander Proudfit,, Referee in Bank
ruptcy for the Western Division OF
the Southern District of Georgia,
passed in the case of e. o. Williams,
Bankrupt, in Bankruptcy. wherein
the undersigned were appointed Com
missioners to sell the personal proper
ty belonging to the estate Of said E..
o. Williams, the undersigned will ex-
pose for public sale, at the times and
places stated below, to the highest
bidders for cash. the following de-
scribed property
First, The stock of merchandise,
consisting of dry goods, shoes
notions, fancy goods, etc. and the
funiture and fixtures contained In
the store occupied by the bankrupt
at Fitzgerald, Georgia. which will be
offered as whole. Said sale to tax g
place on the 2Sth day of June, A. D.,
1905, at the hour of ten o'clock a.. m.
on the premises at Fitzgerald.
Second. The stock of goods, con-
sisting of shoes, hats, house furnish
ing goods, clothing, notions, fancy
goods etc., and the furniture and
fixtures, contained in the store
houses occupied by the bankrupt at
Cordele, Georgia. Said property
will be DIVIDED into lots and sold drst
as loss, and next offered as whole,
and whichever method of sale real
ICES the most, will be accepted by the
Commissioner. Said sale to take
place on June 20, 1905, at 10 a. m. on
the premises at Cordele.
The successful bidders will be re-
quired to deposit ten per cent OF the
amount of their respective bids with
the Commissioner who will then re-
port the sales or the court for confirm
alton, the balance to be paid on CON
firmation. If not confirmed said ter
per cent deposit to be returned to thu
bidders.
OLIVER ORR and A, Fl. HEYwARD,
| COMMISSIONERS
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

Ex.Mayor Tom. Wilson made
a business trip to Ashburn TO-
day.
Good mich cow for sale.
1O5.2t A. G. Brown.
Mrs. c. E. Snyder continues
quite i'll at her home near the A.
B. & A. depot.
M. B. McEwen, a leading
lum herman of Bushnell, was in
this city on business today.
The most fastidions house
wives buy Royal -four. If.
Mr.. James Mcdonald, took the
train for Valdosta and will re-
turn this week.
Mrs. Rose Tebeau Wheel
wright and her daughter Edna
are visiting old friends in this
city.
Mrs. r. J. Abrams hopes to
recover her health 10 the noun
tains of Tennessee where she is
now enjoying the benefit of
Whitley Springs.
Townsmen J. B. Warner, w.
C. Wilkerson and Jerome Butts
each representing club of ten
demonstrating Ashdown. Arks.
in which they are shareholders.
They will spend at least a week
in their prospecting tour and
make a thorough inspection Of
the new colony and it's outlook.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

DR.. ]. L. Frazer, who bought
the Crawley home just south of
Col. Eldridge Cults on south
Main street, will take possession
and move his family in about the
first of the month. He has In
vested in Fitzgerald realty in a
manner that indicates his confid-
ence in the best town in wire
grass Georgia.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19
Sanitary Notice.

To real estate owners. After
June goth. will begin posting
lots that have not been cleared
of weeds and rubbish and that
means extra cost of so cents per
lot to cover cost of posting. So
clean up and save extra expense.
Sidewalks included.
r. C.. BUTLER.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

PROPERTY OUT OF COLONY DOMAIN
Acres. Lot. District.
1886 221 4th
All the above described property
levied upon and 20 be sold 90 The:
property Of unknown parties to satls-l
~ certain tax q fas issued by w. W.
d. Branch, Tax Collector for state
and county taxes for the year 1905.
This Goth day Of March, 1908.
D. A. MOINNIs, 0hoRtk.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

Get busy at something useful.
Mrs. A. l.. Hutto, is visiting
in Triton.
Mrs. G. Seagroves. is visiting
in Ashton.
G.. c. Ball, returned to his
mill at Bushnell yesterday.
Oleomargerine. High grade
at Whitchards. 131-tf
Col. D. B. Jay, made a pro-
fessional trip to Triton yesterday
IF it's in cans and marked Van
Camps it's good. 34-tf.
Mr.. and Mrs. F. E. Stubs,
took the train yesterday for
Triton.
Mrs. r. C. Butler and children
and Mr.. Buffers mother are
visiting in Brunswick.
Have you seen the art supple
ments to such songs as the Cow
boy girl, at Oxfords? If.
Supt. PolIitzer and his bride
arrived Sunday and are at home
at the Stratford.
Mrs. Thomas Troupe, daugh-
ter.in.law of Mr.. Peter Troupe
was buried last Sunday.
Mrs. Rose Tebeau Wheelright
of Columbia, S. c., is spending
a few days in the city. Mrs.
Wheelright has many friends
here who will be glad to see her
in Fitzgerald, her old home.
Mr.. and Mrs. C. c. Brewer
have returned from their bridal
trip and are living at the Lee
Grant.
Cover Deyo spent Sunday in
this city with his wife and yes
terday morning went to Triton
to join the Cordele Nine who
played Triton Nine.
For Sale:-Fine Fox Terrier
pups cheap if taken soon-owner
going to California, 216 Orange.
Miss Tansie Colbert, of this
city finished successful term OF
school at Rebecca, and returned
home Saturday.
Presiding Elder H. M. Nor
rison preached at the Central M.
e. church Sunday evening and
held the third quarterly confer
ence Monday afternoon.
FOR SALE: A nice horse.
surrey and harness for about a
hundred dollars less than they
are worth, $165 for the outfit.
Apply at this Office.
Miss Marie Boyer, of Triton,
who has been the guest of the
Misses Julia and Lola Paulk IN
the home of Wiley Whitley in
this city, returned home last
Saturday.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1906-06-19

We desire to express our sin.
cere gratitude and heart felt
thanks to those who so devotedly
and earnestly assisted us during
the long illness and death of our
darling little babe.
Kindness and devotion in the
hour of sorrow will meyer be for.
gotten.
Lovingly
DR.. and Mrs. c. A. Holtzeadorf .