davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-11
ALABAMA GREAT SOUTHERN R. R
 co. v. BURKS.

co. " BUhkS. Action for Injuries to Llcensee.-(De-
 cided June z, 1906. Al So. Rep.
 63S)
 1. Railroads; injury to licensee; ace tion; pleadings; variance.-Where the complaint alleges that plaintiff was a licensee on the road of defendant and the proof shows the relation of mas ter and servant to have existed, de- fendant was entitled to the afnrma- tive charge.
 2. Master and servant; relation One doing duty as brakesman on a railroad without stipulated pay, on an understanding with the road that up on becoming proficient he should be given a position, was servant and not a mere licensee.
 Appeal from Etowah Circuit Court. Heard before Hon. W. w. Haralson. Reversed and remanded. Opinion by Anderson, J.
 JJ., concur.
The Montgomery advertiser., 1906-11-11
MONTGOMERY IRON WORKS. E

~sf~&&~N MONTGOMERY IRON WORKS, FIT AL va. ROMAN Bill by Creditor of Corporation to Re- duire Stockholders to Pay Ball. ance due on Subscription to Stock. --(Decided June seth, 1906. 4t So. Rep S11.) 1. Corporations; stockholders; transfer of property Defendants par chased the property of another conpa- ny for S25,0oo, agreeing to pay in ad- dftion certain debts of the company amounting to about s4,000. The con sideration' stated in the deed trans ferring the property to them, they procured to be S50,0OO, and they sub Of the new company, which they paid by executing a deed to the property purchased from the other company. and were to receive in addition tt their stock $30,00O, Of ah issue of bonds to the amount of $5o.000. to b. secured by a deed of trust on the property of the new corporation. Of this Issue they received s25000 of bonds. On . sale of the property under the deed of trust the bondholders realz@ ed only twenty per cent. of the amount due on their bonds.The evidence show ed that $50,000 was full value for the property conveyed to the new company. Held, that as the evidence showed sale of the property to the new company for $s0000, winch was to be pad for by &5O,00O of the stock and $50,000 of bonds, the reception of the bonds at a later period does not alter the fact that 1t was one and the same transaction, and for this reason the stockholders were not, at the suit of a creditor of the corporation, en- titled to have the entire value of ths property applied as payment on the stock.
 2. Same; actions by creditors: Iimi- tations.--The statute of limitations does not begin to run in favor of stockholders for unpaid subscriptions to stock, at the suit of creditor Of the corporation, until judgment against the corporation and return of an execution nulla bona.
 3. Judgments; couclusiveness: res adjudicata.--After judgment agains. the corporation and execution return ed unsatisfed, plaintiff sued out writs of garnishment against certain stock holders for unpaid subscription, as authorized by Section 21s2. Code 1896. The stockholders answered denying indebtedness and, no contest being filed, garnishees were discharged. which Judgment was reversed on ap. peal, after which one of the stock holders was. discharged with plaintiffs consent. and two others were fully examined touching their liability. One of these was discharged Ind the judg- ment affirmed on appeal, and plaintiff took non suit as to tho other; Held, that as to all the garnishees, except the one against whom the non suit was entered, the Judgment of dis charge was res adjudicata as to plain tiff's right to enforce their alleged lia- bility by bill in equity under Section S23, Code 1898
 Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayre
 Reversed and rendered in part and in part affirmed.
 Opinion by Simpson, ,.
 Weakley. c. J.. Haralson and An derson, JJ., concur.
 Dowdel1 and Denson dissent on question of res adJudicata.
 Tyson, l., not sitting.
The Montgomery advertiser., 1906-11-11
LEE V. THE STATE.

Failure to Work Public Road Joe
 cided June 30. 1906. 41 So. Rep,
 671.)
 Indictment and information; issues. variance; matters unknown to grand jury While Sec. 4901, Code of 1896, dlspenses with the necessity of laying the precise time, ina the indictment, of indictment charges an offense to have been committed in a certain month, and proof is- offered by the State of an of- fense committed at another time. de- fendant Is entitled to show that as to such Offense there was no evidence be- fore the grand jury that returned the indictment.
 Appeal from Hale County Court.
 Heard before Hon. w. c. Christian. Reversed. Opinion by Anderson. J.
 All the Justices concur.
The Montgomery advertiser., 1906-11-11
KING y. SOUTHERN RY. co. Action for Damages for Injury to En- pIoye.-(Decide1 June IS, 1906. Al

UIVyUf- NaEVS4NINF- VE711V ~Vl @VVV' TT
 So., Rep. 639.)
 1. Master and servant; injuries to servant; issues in proof,-Where the alterations were that plaintiff was in- 1ured by the negligence of defendant s superintendent in causing or allowing plaintiff's hand to be caught in the cog wheels of a machine, and also by reason of defects in the ways, works, machinery or plant, such allegations are not supported by proof that plain tiff was directed by the superinten- dent to start the fly wheel of the ma chinery, and to do SO he so negligent .ly placed a. stool on which to stand that he had to catch to the cog wheels for support and in so doing got that hand mashed when the machinery started.
 2. Same; eontributory negligence
The Montgomery advertiser., 1906-11-11
NASHVILLE. CHATTANOOGA AN
 ST. b. RY, V. ALLEN

NASHVILLE, CHATTANOOGA AMI
 ST. l.. RY. V. ALLEN.
 Action for Damages for KnlinS Horse
 (Decided June 7th, 1so6.--4l So
 Rep. 633)
 Damages; injury to property; inter est; recovery; pleadings.-One IS eh titled to recover interest upon the vaIue of the property destroyed from ina time of the destruction until the date of trial, if entitled to recovery Tor the destruction of the property, ana without claiming interest in the com plant .
 Heard before Hon. W. w. Haraisoh'
 Affirmed. Opinion by Tyson, J.
 Weakley, c. J., simpson ana Anoel- 'OA' JOHN V. SHARPE EFT AL. Final settlement of Estate.-(Decided
 Juna T. 19O6 fl So. Rep. 635.)
 | Administrators; accounting; cred it's. legal services.-The administra- tor being an attorney, and hndlng ls necessary to institute suit to recover assets of the estate, associates anotheE attorney with him in the bringing or inc suit, and they jointly render legal seryices to the estate. Held, that on a settlement of the administration such administrator ad is entitled to be credited with the reasonable value of such le- gal service of himself ana assoSla.e: 2, Same; vouchers.-The aumlnis- trator. being an attorney, and having associated another attorney with him, in the bringing of suit necessary to nreserye the assets of the estate ana havtnr the money of the estate in his hands out of which to pay for such legal services. isN entitled to be cred tied herewith on the settlement or fine estate, even though he has not paid the fee to himself and associate. or without having procured receipt from himself and associate or from either of them, or for the, associates part, which was paid before the set-
 Appeal from Jefferson Probate
 Heard before Hon. J. P. Stiles.
 Reversed and remanded. Opinion by Mcclellan, c. J.
 \ Weakley, c. J., ELaralson, Dowdell' simpson, Anderson and Denson, JJ., concur
 Tyson, J., dissents.
The Montgomery advertiser., 1906-11-11

The proximate cause of the injury, az shown by the evidence, was plaintiffs negligence, hence no recovery can be had in this case.
 3. Appeal; rulings on evidence; re- views--Where the evidence was not competent relevant or material the judgment of the trial court will not be reversed for its exclusion, on mo- tion of either side.
 Appeal from Birmingham City Court.
 Heard before Hon. Charles ". Fer guson.
 Affirmed. Opinion by Anderson, J.
 All the Justices concur.
The Montgomery advertiser., 1906-11-11
cowART v. THE srATB.

Killing AnimalBs~-tDeciuSu 1uus AHs
 1s06.---41 So. Rep. 631).
 1. Criminal law; verdict; polling jury.--Either party has the right to poll the jury in criminal case.
 2. Same; waiver--The accused may waive the right to poll the. jury in misdemeanor case.
 8. Same: irregularity in verdict The jury, while the court was recessed, made their verdict. wrote it upon the indictment and handed 1t to the clerk of the court and dispersed; when the court reconvefed the judge refused to receive the verdict and sent the jury to their room to make verdict. All this was done without the consent of the defendant. Held: That as the judge refused to receive the verdict made and returned during the recess or inc court, the dispersing of the jury did not amount to an acquittal. bu was such an irregularity as rendered the verdict a nullity and it would not sup. port a judgment of conviction.
 Appeal from Dale Circuit Court.
 Heard before Hon. A. A. Evans.
 Reversed and remanded. Opinion by Anderson, J.
 Weakley, c. J., Tyson and simpson JJ., concur,
The Montgomery advertiser., 1906-11-11

LOUISVILLE AND NASHVILLE R. R.
 co. v. HUBBARD.
 Action for Injury to Stock-(Decided
 June S0th. 1906.--41 So. Rep, S14).
 1. Railroads; highway crossings; repair; duty of railroad company When a railroad crosses a public high way the duty to keep the approaches and crossing in reasonable repair for the use of the public is on the railroad
 ?. Same; projecting spikes; negli- gence-To permit an iron spike to pro- trude above the surface of the crossing in such a way as was likely to cause horses and persons to stumble or strike their feet and become injured while using the crossing, constituted a breach of duty on the railroad to keep the crossing safe. and was negligence.
 3. Same; pleadings causes of ac- tion.-A count in a complaint which alleges the negligent and sudden nov ing forward of a train without warn ing, frightening plaintiffs horse and causing him to strike 8 protruding spike, whereby he was injured, presents concurrent causes and is not subject to demurrer as joining two causes of ac- ton.
 4. Same; contributory negligence; pleading.-It is not necessary for the complaint to allege facts acquitting plaintiff '~ of contributory negligence. That is defensive matter to be taken advantage of by plea.
 B. Same; defective crossing; injury to animals; evidence.-In an action for injuries to a horse caused by a spike protruding above the surface on a pub ilc crossing, 1t was competent to show that there were line of show cars on a side track near the crossing, to show the conditions existing at or near the place of injury.
 G. Same:-It was permissible to show the erection of sign board by the railroad at the crossing, as tending to show the public nature of the same. -. Same; instruetions.--A charge as- serting that if the plaintiff by hls own act of negligence. proximately com tributed to the injuries of his horse. etc, he could not recover, but not postulated upon the acts of negligence
The Montgomery advertiser., 1906-11-11
ALLEN v. THE STATE.

ALLEN V. THE STATE. Murder,-(Decided May 31, 19o6.-41 So.
 Rep 624)
 1. Criminal law; evidence; night flight of accused, together with the facts connected herewith, are admis- i sible
 2. Same; surrender-The State hay Ing introduced evidence tending to show that after the difficulty defend ant ran off. 1t was error to exclude | evidence offered by defendant tending to show that defendant went from the scene of the difficulty to the house of | a white man h the neighborhood, to whom defendant surrendered, and by whom defendant was turned over to the Sheriff.
 3. Same; curing error The fact that defendant was permitted to testify that he went from the scene of the difi- culty to the house. of a neighbor, to whom he surrendered, did not cure the error in excluding such testimony of- fered by other witnesses. {. Same; instructions; province of Jury--It Is invasive of the province of the jury to instruct them that under the undisputed facts in this case de- fendant bore a good character, and such charge was properly refused.
 5. Same; instructions misleading An instruction that mere words whether opprobious or not. If used by the defendant to deceased. would not warrant deceased in striking or att tempting to strike defendant with a piece of wood was misleading and properly refused.
 6, Same; record; venirei indictment: service on accused-It should appear of record. that an order was made requir- ing the sheriff to serve copy of the indictment and venire on accused one entire day before his trial, as requir- ed by section of 5273, Code 1896. !. Homicide; instructions; self de- fense-A charge asserting that while the burden of proof is on defendant to show self defense, yet, if on the whole evidence, the jury have a reasonable doubt as to whether defendant acted in self f-defense or not he should be acquft- | ted. falling, as 1t does to set out the clements constituting self defense, is bad and properly defused. Appeal from Limestone Circuit oCurE
 Heard before Hon. D. W. Speake.
 Reversed and remanded-Opinion by Denson, ]
 dell. JJ.. concur.
The Montgomery advertiser., 1906-11-11

WILLIAMS EFT AIA V. FINCH ET AL. Actfon on Detinue Bond.--SDecided
 June 30, 1906. 41 So. Rep. ss4.l
 1. Plaadings; defenses; plea---De- lenses that must be sustained by proof or that may be rebutted by evidence, cannot be avaIIed of by demurrer, put must be presented by plea
 g. Evidence; judicial notice; State nssscers; courts.--while the courts take judicial knowledge of the duly com Tnfsgfoned State and County officers, they are not required and do not take Judicial notice of de facto officers.
 3. Detinue; bond; complaint; issue and proof.-In an action on detinue bond the complaint alleges that the writ was issued by C. who was notary public and ex-ofhcio a justice of the peace, and it was permissible 10 prove that said c. was justice Of She peace, de facto.
 Appeal from Coosa Circuit Court.
 Heard before Hon. S. l.. Brewer.
 Reversed and remanded. Opinion by Denson, J.
 Weakley. c. J, Haraison and Dow dell, u, concur.
The Montgomery advertiser., 1906-11-11

be determined by the efficiency or in- efficiency of the mode of allotment pro- vided by Sec. 316o. Code of 1s96. but Is determined upon whether 1t can De equitably diveded in kind by the court in which the partition is sought.
 3. Same; proceeding in chancery.- - The party desiring a division should proceed in chancery for an equitable division where the remedy by allot- ment in the Probate Court is intellectual to an equitable division in kind.
 4 Same; sale.--Where the lana sought to be partitioned cannot be equitably divided in kind, and sale is sought, either the chancery or Pros bate Court has Jurisdiction.
 5. Judgment; final decree; conclu- siyeness: jurisdiction.---Where the di- vision is sought in the Probate Court, whether in kind or by sale, final decree is conclusive, until reversed on appeal, excluding the jurisdiction of the Chancery Court, unless some spe- cial grounds for the interposition of equity exists.
 6. Courts; concurrent jurisdictions; cquisitioh.--While the Jurisdiction giv- en by the statute to the Probate and Chancery Courts to partition property Is concurrent, the court first acquiring Jurisdiction is entitled to exercise the same to the exclusion of the other.
 "Rehearing granted June 30. 1906.
 Appeal from Bibb Probate Court.
 Heard before Hon. W. L.. Pratt
 Affirmed. Opinion by Tyson. J.
 Weakley, c. J., Haralson, Dowdell, Anderson and Denson. J.. concur.
 Simpson, l.. dissents.
The Montgomery advertiser., 1906-11-11

BAKER V. HUTCHINSON. Trover-( Decided June 6. 1906"--41 So.
 Rep. S09.)
 1. ChatteI mortgage; conversion; !; wrongful taking; complaint--A count in a complaint which alleges that de- fendant took possession of and con-
The Montgomery advertiser., 1906-11-11

consideration Is not of itself sufficient grounds for cancelIing a lease. 1t must be so gross as to shock the conscience, fraud
 f*Rehearing denied June 30, 1908.
 Appeal from Jefferson Chancery Court.
 Heard before Hon. John J. Altman
 Affirmed. Opinion by Tyson, ,.
 Weakfey. C. J., Simpson and Ander- xnu IT rANPur
The Forrest City times., 1906-03-16

Notice K hereby given that at th. May term, I9Oa. of the Ghaneery Court for St tranels county, tn the State nt Arkansss we Will apptF t6 said court for a decree con hrming our titles It. the following lands.
 ihe ha-f hall at the Northwest quarter Of Section E'Uht, in Township Four North aua III Range One East. In St Francis C,ount, ArkanEar. purehaSed hy us ut a tax sai, Mau" pS the Collector of said st Francis tounts. ArkaasaS. on the 18th day Of Jun. lo'o Tor th" enforcement ot delinquent taxe- assessed against said Tract for the year lsa- aha which We hold under deed made by T [. merwin. County Clerk CT said conutv nnr, snant ta said safe. dated February Is faGs
 The Northwest quarter of the Northeast qatf'sf oi section Twenty eight. in Town ehip rive North and Tn Range One East n st. Francis County Arkansss purehased nv lis At q taA safe. made by the Guieetor Of eald St nfaneis County on the 18th day uf June, toI Tor the enforcement of delfnouenf taxes assessed against said tract for tn. year le'ei and which We hold under a dset made py T,C. Aerwin. County Clerk of said county pursuant tp said safe, dated Feb ruary 10th i40s
 The East bali oi ih- North vest quarter ot ! Secloa I~fhty-three. fn Township Four. N9tth' had m lfanpe One East. In >t Fran eis county. Arkau-a@. purchased hy us af X taA sale made ny the Collector of said St Francis County. an the Ilth day of Juue ia*V' Tor The enforcement 0f delinquent taxes sest'-sea HsafuSt said tract for tho year 1sg9 ah4 which ~ e aald under deed made bY I. 6s NetA5a. touafy tieHk ot said couutY. puf- saant fa ssi1 .tte. dated t#ebtuHrf i8. l99a The unai Hidea one ba#fat rhe Ea-t half of tbe Southwest quarter of section Fourteen n Township tHFef North. and jH Range One Easf. iu -t Francis County, AfkaBsas. pur- chased af us ai taN sate made hs the Col. lecior at sad st Francis County. on the IItu cay Of June. ltO8 for the enforcement of dc hn4ueuI taxes assessed against said tract for the year ls.A. and which Nr kold under deed made hy f C. MerWip, County Clerk of said county. pursuant to -atd safe. dated i February 10th. lsAk
 e call npou ali persons " ho can set ub ans ! rigbi To the lands so purchased in eoase- qucuce 0t any IrfeQularity or iuformalit, connected "ith sand sales or either of them 70 snow cause, II any they can at the said May term. l45 0f tbe St Francis Ghaneery Court, why the sales SO made to us should nor he confirmed March 2. loO6.
 A BECKER
 CHARLES LEWIS
 \ \ NORTON solicitor.
The Forrest City times., 1906-03-16
CONFIRMATION NOTICE.

Notice IS hereby given that Richard q. Hobbs. Tbomas e. kimbe er. and James A. kimber have this day filed m the office oi he Clerk or the thSncsry Court for the county nf st. Francis. in he State of Arkansas. their petition m which they ask ,hat thelf ,itle ie section wenty-one in Township Five. North ot Range Five East, tsec 2l l 5l in St Francis county. Arkansas, be confirmed and quieted.
 Therefore. hereby call on sil persons vi no claim any interest m said land 10 appear in said Court at its May term. 19o5. and show cause why the iirle of the said petitioners sboud not be confirmed. March lst, 1eD8
 q. F. MALLORY,
 ClerkChaDeery Court.
 St. Francis County. Arkansas
 Ky NJ. W. SEAL BORN. n C &nRTnr
The Forrest City times., 1906-03-16
N II. DEAN.
 ROY F. DEAN F RED r.. DEAN
CONFIRMATION NOTICE

\ W MORTON Soltciior
The Forrest City times., 1906-03-16
A GUARANTEED CURE FOR PILES

Itching, Bind. Bleeding, Pr0tfuding Piles. Druggists are authorized to refund money if PAZO OINTME ENT fails 10 cure in $ to Ii days S0e
The Forrest City times., 1906-03-16
CONFIRMATION NOTICE.

N@tlee x hereby given that at tht. May term. lBt. of The Chancerv Goui for ~i franeis county, tn the Staie of Arkansas w.. wiil apply lo suid Court for decree confirm ing our title to.
 Tbe North hnif and the Southwest quarter ot Section Fwentv-fnut in Tow wnshtp Five North IT Range Five East in ST Fran, k county. Arkansas.
 We hold said hand through mean cunys, ances rom Francis Y. Garlic. N m ns assignee Of Benjamin W. Ells. on April 2Ut b. 1890 re eeited a tax deed for the whole ot said See ton Twenty yfonr, from j. c. Berry as sberif, and Collector ef Gritiendeu county. Arkan- sas, in which county said land was then sit Dht"d.1 pnrHuant 10 a sal. niad.. March sth fai- Tor thc endorsement af tieiiuat4ent IA S..A for the wears fssi and l.57
 "" call on Nil persons who can set up Hn \ right 10 the lands so purchased, in eops,.. 9ntnc" of any lrTeguiariiy ur informslitV conneied with sad sale tu Benjamin " Ellis t1 sno" eanse If any they can, at The said May term, l9o6 Of the St Francis chanosrs Coirt why the sale made to E enjamin W Ell. and completed ny rhe deed tn his sssivue. Francis '. Garlic, should not be eoufirme,f March 7 lAF
 N. IT, DEAN
 ROY F. DEAN
 FRED F.. DEAN \HaqttS S.I,,.,t.,
The Forrest City times., 1906-03-16

Notice is hereby given that at the May term. IH5, 0t The Ghancery Court of SL Francis County. in The State of Arkansas. the under. signed will apply tO said Court for II decree cOnhrming his title To the following lands. iylng and beingliD St. Fraueis county, state Of Arkansas, tn-wit.
 Right bank Of river. fraetional section t~eOty ~slx t2tl, township SIX l6l north. range four t3l east.
 iie holds said lands by deed executed by The Clerk Of The County Court. oated June i3 llskj said deed being based g sale Q said lands for the taxes for the year 1900 and the under signed became the purchaser Of said land at the sale made by the Collector of the Revenue of said County on The 10th day of June le11 The undersigned calls on xii persons who can set up any right to the land s0 purchased in consequence of any irregularity or in- formaity connected with said sale To show cause 1T any they can at the said May Ierm. l906 of the st. Francis Chancery Court why the sale so made 10 the undersigned should not be confirmed
 Ihis March k l9h
 E l.. ~IGf ARD
The Forrest City times., 1906-03-16

cited are sufficient to establish iusti- ticdtion for the claims made It can be said that in all matters pertaining to rivers and ieveeS the opinion and judgment of Senator Berry command ed the highest respect from the other members of the committee. IL is said over in the house that Representative Burton. chairman Of the committee on Rivers and Harbors, knows more OH the subjects embraced under this head than any other man, and the same is same is said of Senator Berry on his side of the capitol. So implic- itly do some members of the senate committee believe in his judgment that when the subject is under con sideration that affects the Mississippi river and its chain of leyeeS they say Berry knows all about il and what lie says is good enough for us. .
 IL is not b be wondered il, then. that the campaign Senator Berry k now making for reelection K q sub Ject O1 deep concern To senators and representatives from states in which river and levee improvements are so Vitally linked with the material wei fare of their great agricultural in- terests.
 IL can be said of Senator Berry that throughout the length of his senato- rial career he never accepted I rail- road pass or q telegraph frank He is so honest that he almost thinks out fond, and his integrity is and has been from the beginning of his public career unsullied and mimpeachable.
 Commercial Appeal
 \ new gasoline lamp lately installed at Mrs. kirby's restaurant caused a panic among the boarders at 6 o'clock yesterday evening by it's cratic be- havior. The blaze fiared up 10 the ceiling and the device acted like an internal machine for a few moments The blaze was extinguished before any damage was done.
The Forrest City times., 1906-03-16
Operation Successful.

Miss Anna Held had an operation performed last week for appendicitis, and her theatrical friends will rejoice to hear that nothing of q foreign na- ture was found in appendix noth- ing but the very highest quality of Pennsylvania Tobacco and broad-leaf wrapper is found in the Anna Held Cigars, 5e, at Sanders Drug Store.
The Forrest City times., 1906-03-16
Confirmation Notice.

 s W. NORTON, Solicitor.