davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-09

nas slo power or authority to take any paper writing purporting to De piiI ot exceptions. and treat 1t asa oili or exceptions established. until the same mas been established as such m the manner prescribed bv law: and a state ment in the paper writing purporttng to bn a bill of exceptions by the frial judge explanatory of the failure to en- Ter an order extending the time for signing in time. does not take said paper writing out of the rule just stat cd: nor does 1t suspend the operation of the we'll established rule that a bill of exceptions not signed In time will he stricken from the record on motion. Affirmed
 Opinion by Denson. J.
 Appeal from the Jefferson Circuit Court
 Heard before Hon. A. A. Coleman. Montgomery vs. Henry.--Contest for
 Election of County Oficers.--De-
 ctded November q. 1905.--39 So.
 Rep. 507.
 ute.-Statutes which tend to limit the citizen In the exercise of his right to vote and of having his vote counted. should be liberally construed in his fa- vor.
 e.--Same: Directory Provision ;--The courts, will construe to be formal and directory those provisions of the cleo tion law which are not essential to q fair election, unless the statute by it's terms. declares them to be essential
 3.-Same: Criminal Statute.--The fact that election officers are subject to criminal prosecution for the violation of provisions in election statutes does not render these provisions mandatory as to the elector
 4.--Same; Numbering of Ballots Coust. section 190 authorizes the leeis- 1ature to provide by law the manner of holding election and ascertaining the result O. the same. Gen. Acts 1903. p. 403, section 34 1-2, provides that each ballot shall be numbered by one of the inspectors to correspond to the number of the voter voting the same in the poll list: section IS, ?. 470, requires the in- spector to deposit the ballot in the proper box after 1t is numbered to cor respond with the number on the poll list; section 50, D. 456. makes it a mis- demeanor punishable by fine for any officer to neglect or refuse to perform any official duty required by the act; section S7. p. 473. provides that. if 1t Is impossible to determine the electors choice for such office. his ballot sfa.. not be counted for such office; nor shall any ballot be rejected on account of any technical error which does not make 1t impossible to determine his the act requiring the ballot to be mum bered are not mandatory, and the bal lots which. through inadvertence of the inspectors, are left unnumbered, should nevertheless be counted, where the electors choice can be ascertained from the ballot. and there is no complaint of fraud or evil practice.
 Affirmed.
 Opinion by Denson, J.
 Appeal from St. Clair Probate Court.
 Heard before Hon w S. Foreman
The Montgomery advertiser., 1906-03-09

Sears. Roebuck & Co. vs. Martin. De-
 cided December 21, 1905. (39 S..
 Rep, 722.)
 1. Sales; performance of contract; delivery of goods to carrier.-A con- tract of sale stipulating that goods should be delivered by the seller in c to the buyer in B is not performed by a delivery of the goods to a common carrier, consigned to the order of the seller at B.
 2 Same; same: bill of lading.-A common carrier receiving goods con signed to the seller at B is the agent of the seller and not the buyer. and until there has been an actual delivery of the goods to the buyer or a sym bolical delivery by a delivery to the buyer of the carriers bill of lading, it cannot be said to be performance of the stipulations to deliver the goods at B. to the buyer by the seller.
 Appeal from Birmingham City Court
 Heard before Hon. Chas. W. Fer guson.
 Affirmed Opinion by Tyson, j., Har- alsou, Simpson and Anderson. JJ.. con cur.
The Montgomery advertiser., 1906-03-09

Fitts V. Craddock. ct al.-BiI for Parti-
 tion of Real Estate, decided Mo-
 vember 29th. 1905. (39 So. Rep.
 506)
 l. Partition: Life Estate and Re- mainder-Property held by joint own CTS or tenants In common, where there are several estates, such as life es- tate and remainder. may be sold for partition by a court of equity, even al the suit of the life tenant. it appear ing that the property can not be equit- ably divided.
 2. Same: power Of Chancery.--A court of equity may decree a complete partition at the instance of the life tenant of property held In common, and make such orders as are necessary to preserve to the remainder man his share of the estate at the termination of the particular estate
 Appeal from the Tuscaloosa County Court.
 Heard before Hon. Henry B. Foster. Reversed and remanded by Tyson, J.
The Montgomery advertiser., 1906-03-09

f
 ?. Same; Same; Whow may Attack A corporation created under form of | law and exercising corporate fran chises. although irregular in its crea- | tion, Is a de facto corporation. under
 the protection of the same law and | governed by the same legal principles as that of q de jure corporation, and | its user of the rights claim to be con- i, ferred by law. cannot be collaterally at- | tackled. It's existence can Nonly be questioned by direct proceedings on
 the part of the State. B. Railroads; Establishments of | terminus; Construction.-Th incor-
 poration of a railroad to run from one place 10 another place, does not require 1t to stop at the corporatealinit | of the latter place: and it may fix its | terminus at such point in the place to which it is to run, as shall be agreed upon between it and tho municipal l authorities of such place. 4. Same; Same; Same.-Where the city had granted the right of way to q proposed point to the road when in contemplation of being built and said point had been adopted as terminus by resolution of the Board of Direc- tors of the railroad. and it had built its line in that direction from time to ! time as money could be obtained, the fac= that 1t had built it's depot at another point in this terminal city and used it, did not preclude the road from ext ending its line to the original pro- posed point; or show an election to adopt the depot as the terminal point.
 5. Same; Same; same.-It is not necessary that railroad should own property at a point in order for it to make a terminus there and condemn land in that vicinity.
 6. Emient Domain Purpose of Condemnation; Presumption,-Jn build Na a5-t 4tu Ifn0 fn iRzf fnrfFN upon as 8 terminus, the court must presume, in condemnation proceedings that the railroad is acting for the pur- pose of serving the public.
 Appealed from Bullock Circuit Court
 Heard before Hon. A A. Evans.
 Aff1rmed.-Opinion by Simpson, J. Haralson, Dowdell and Denson, U. Con- cur.
 Woodall vs. The State (Deeided nec.
 21st. 1905.D (39. So. Rep. 71s. )
 1. Criminal Law Demurrers not shown by racord.-Where the ruling on demurrers to the affldavite for arrest is shown only in the bill of exceptions, they will not be considered on appeal.
 2. S1me: Bill of Exceptions; chargeS.-Requested written charges not shown by the bill of exceptions will not be reviewed on appeal.
 2. Same; Parol evidence: Collateral issues. It is not error to permit the solicitor to ask the defendant, who was under charge of vagrancy, for what he was arrested and If he did not register as voter at certain place: the evidence sought being coll la.erial t. the main issue, and not with in the rule requiring the best evidence.
 Appeal from Elmore County Court.
 Heard before Hon. II. J. Lancaster. Affirmed: opinion by Haralson, J. Tyson Dowdell, Anderson and Denson. U. Concur.
The Montgomery advertiser., 1906-03-09

Milam,v. CoIey as Adnas. Statutory Ac- tion in the nature of cjectment Decided November 22. 1s05.-(3s
 So. Rep. SID
 l. Ejectment: Equitable estoppel not applicable-In an action of eject ment the rights of the parties are to be determined by the legal title, and the doctrine of equitable estoppel has no application.
 2. Husband and wife; conveyance between; Wife's Title--Sinee the pas sage of Act approved February 20, 1887 (Acts 1SS6-7. p. so: Code 1896, Sec. 252ol R voluntary conveyance exr ecuted by husband to his wife even prior to the passage Of the Act, con stitutes the land conveyed her sepa- rate property, and vests the legal title in the wife as between her and her hus- band.
 Judgment: parties affected-A de- cree in suit to foreclose q mortgage brought against a purchaser and a third person, which decree subjected the land to sale, did not affect the rights Of the wife of the third per- son. in whom the legal title vested un- der a deed from her husband although she did not record her deed until after the decree of foreclosing: the posses sion being referred to the legal title, and thus being in the wife.
 Appeal from Tallapoosa Circuit Court.
 Heard before Hon. A Fl. Aston
 Reversed and remandcd opinion by Dowdell. J.
The Montgomery advertiser., 1906-03-09

Albert Holman. V. The State of Alaba-
 ma. Prosecution for carrying con
 cealed weapon Decided June 30,
 1S05.-(39 So. Rep. 64G.)
 Constitutional law; local acts. 1903, D. 40. The act creating the Ge. neva County Court. local acts 1903 D. 40. is not repugnant to the constitution and is valid
 ?. Affidavit; signing:-Under section 4600 of the code of 1896 it is not ncc~ essary that an affidavit should be sign ed by the person making it to render it valid as predicate Tor a prosecu- ton.
 B. Same. sufSiciency or.-An affidavit charging that a person, naming him. did carry a pistol concealed about his person is suficient under the statute requiring an affidavit of probable cause for believing. etc, as the basis, of a criminal prosecution. It is more em- pha tic and certain than Is required by the statute.
 Appealed from Geneva County Court. Heard before Hon. P. N. Hickman.
 Reversed and remanded, opinion by Anderson, J. Simpson and Denson. J. J. Concur.
The Montgomery advertiser., 1906-03-09
Motlow ct al vs. Johnson.-Decide,

Motlow ct al vs. Johnson.--Decided
 December. 21, 1905.--(39 So. 71O.)
 l.-Gaming; Liability of contributors to Joint Funds.--One who contributes to d fund placed as bet on an cleo ton. and receives a part of the win nings proportiened to the amount con- tributed by him. is liable to the loser. under section 2163 of the code of 1896. for his winnings only and is not jointly liable for the whole amount lost.
 2.--Same: Recovery of Money Lost: Statutory Provisions.-It is only by vir- tue of the statute. section 2l69 of code of 1896. that one may recover money lost on a wager to another; and the object of the statue is. besides placing the seal of the laws condemnation on such contracts. to put the parties in statu quo as to all money won or lost,
 S.-Same: Case at Bar-Under the facts of this case there can be no joint recovery, but each one Is liable for the amount of the wager received by him.
 Appeal from Gadsden Circuit Court,
 Heard before Hon. John II. Dlsdu@
 Reversed and remanded.-opinion by
 Haraison. Dowdell and Simpson. J.J.. concur.
The Montgomery advertiser., 1906-03-09

relation is averred to exist between the intestate and the defendant, and no casual connection shown between his death and the conduct of the de- fendant for which 1t can be held lia- bic; and the plaintiff in her represen- tative capacity. can not recover for injuries suffered by her personally.
 2, Appeal; defects in pleading: ap- peliate court can not supply omission. The appellate court has no authority. on appeal. to supply words to make q complain state cause of action when such words would amount to an amend ment of the complaint.
 3. Same; when objection that com plaint does not state cause of action can be interposed.-If a complaint fails to state a cause of action, it will not support q judgment, and whatever the attitude assumed by the defendant in the court below or in this court, in respect of such a complaint, this court will so declare
 Appeal from Birmingham City Court
 Heard before Hon. Chas A. Senn.
 Affirmed Opinion by Tyson, j.. Haralson, Simpson and Denson. u, concur.
 Thomas as Admr V Sloss- Sheffield
 Steel and Iron Co. Decided Decem-
 Der 21, 1905. (39 So. Rep. 715).
 I. Master and servant negligence; intervening cause; death of servant. A complaint alleging that decedent was a servant in the employment of the master to guard the opening of mines. in which the master was work ing conviets. to prevent their escape, and that while so engaged. decedent was shot and killed by a convict; and alleging that decedept's death was proximately caused by the negligence of the superintendent of the master in permitting the convicts to have a pis- toi; in failing to search convicts for firearms, and in allowing ladders in the shaft leading to the opening being guarded by decedent, thus permitting the convicts to reach decedent does not state a cause of action and is sub ject to demurrer. in that it discloses
The Montgomery advertiser., 1906-03-09

an intervening. efficient. independent cause of the injury complained of, and the damages are too remote.
 Appeal from Birmingham City Court
 Heard before Hon. Charles A. Senn. Affirmed. Opinion by Dowdell. J.
 Haralson. Tyson, Anderson and Denson, JJ.. concur.
The Montgomery advertiser., 1906-03-09

Troy V. London.-Decided December
 1q, 1so5.-(s9. So. Rep. 71S)
 1-Insurance: Assignment: insurable Interest; Presumption.--When an eN- ecutrix claims the proceeds ot policy issued upon the life of another and transferred by assignment to her testa . tor to secure an indebteduess' present
The Montgomery advertiser., 1906-03-09
Baggett V. Mason. Decided Decembe
 g. 1905. (3s So. Rep. T2s).

Baggett V. Mason. Decided December g. 1905 (3s So. Rep. T2S)
 1. Detinue: claimant; right of prop erty.-In q suit of detinue against two defendants, where both are served, the court cannot try a claim suit lnstitu- ted by one of the defendants. as the authority to try claim of property involved in q detinue suit, is statuto- ry (Section l474, Code iS96.) and the claim can only be interposed by per son not a party to the suit.
 . Courts; Jurisdictions: consent of parties.--Courts having no jurisdie tion to try a case, cannot acquire juris- diction through consent of parties
 Appeal from Bessemer City Court.
 Heard before Hon. William Jackson,
 Appeal dismissed. Opinion by Ty- son, J.
 simpson. Anderson and Denson. u. concur.
 E. Forbes Piano Co. V. A. L. Will
 son.
 Action of detinue for piano by tho vendor against the vendee under written instrument retaining title.- Undecided December 2i. 1905. (ss So Rep. 645).
 l. Detinue: instrument retaining ti- tie; judgment.-The recovery of judgment by vendor against the ven de on an instrument retaining title in personal chattelS. does not divest the title of the vendor.
 2. Same; pleadings.-A plea alleging the recovery of money judgment by the vendor against the vendee on a written instrument retaining title, that does not allege the payment of the judgment is bad and subject to demurrer. (Overruling contra dicturl in Davis V. Millings,--Ala.--S7 So. Rep. 737).
 Appealed from Coffee Circuit Court.
 Heard hefore Hon. H. A. Pearce.
 Reversed and remanded.
 Opinion by Tyson, J., Haralson, Dow dell. Simpson and Denson, JJ., concur. Merchants L.aclede National Bank of
 St. Louis, Mo, V. Troy Grocery
 Co. Attachment. Decided No
 vember 22, 1905. (39 So. Rep. 476).
 1. Courts: decisions Of Federal Court; authority.-The construction placed upon a federal statute by the United States Supreme Court is bind- ing upon the State court
 ? Banks: national; actions against; risdiction.-I'nder Rev. St. T.. S.. Section 5242 tU. s. Comp. St. 1901. D. 851T). providing that no attachment shall issue against a National Bank
The Montgomery advertiser., 1906-03-09
Head-Notes Qf the Decisions
 Qf Alabama Supreme Court

Collins vs. the State. Decided Decem-
 Der 31, 1905. (39 So. Rep, 726. ,
 l. Bill of exceptions; signing The last order extending the time for sign ing the bill of exception allowed thirty days from September 12, 1905. and the bill was not signed until October 1S, 1905. Held. not signed in time, and the bill will be stricken from the record on motion.
 Appeal from Mobile Circuit Court
 Heard before Hon. O. J. Semmes
 Affirmed. Opinion by Dowdell, J.; Tyson. Anderson and Denson, JJ.. con cur.
 Hudgins, Judge of Probate, vs. state
 ex rel A. L. Hicks X Co. Decided
 December 21, 1905. tS9 So. Rep.
 7iT.)
 i. Local statutes: constitutionality of duce.-An act approved September 2S, 10 sale of liquor in Pickens County, Ala, is repugnant to the Consultation, on acountN of failure to comply with Section 106 relative to notice
 2 Mandamus: costs. officers liable A Probate Judge is properly taxed with the costs of mandamus proceedings brought to compel him to issue license 10 sell liquors which he has wrongfullY refused to issue.
 Appeal from Piekens Circuit Court. Heard before Hon. $. H. Sprott
 Affirmed. Opinion by Simpson. J, Tyson, Anderson and Denson, JJ., con cur.
The daily sentinel., 1906-07-11
THE AMERICAN DEFOREST
WIRELESS TELEGRAPH SYSTEM


This system was successfully us.
ed in the Russo-Japanese war, and II
was the only system to be allotted
contracts by the United States, Brit
ish and Indian governments. These
contracts were allotted after com
petition and thorough tests. The
ed and pending, covering the entire
field of wireless telegraphy.
The proposition will stand the clos
est investigation, and you can not fail
to be impressed with the fact that
the possibilities of the American De-
forest company are almost beyond
conception. 1t has never made a
failure. and stock in this company
cannot fail to sell at very advanced
prices. as well as pay large dividends.
When the Bell telephone succeeded
ed in sending messages sixteen miles
its stock sold at $t.00 per share
Ten dollars invested then would have
yielded more than a quarter of mil
lion.
Development of the De Forest sys-
tenn will soon advance the price of
the stock beyond the reach of people
of ordinary means.
While the Western Union Teid
graph has s97,000.000 of common
stock American DeForest Wireless
company has only $1,500,000 shares
of common. stock and $780, shares
of seven per cent preferred stock.
All stock issued by the American
DeForest Wireless company is full
paid and is non-assable. Par
value is $1,000 per share.
The daily sentinel., 1906-07-11

Subscribe for the Daily Sentinel.
G. E. Gibson, of Hotchkiss, was in
town last evening.
Trade at the Progress. Up to date
bakery and grocery house.
They are first class liverymen, are
Barton & Platt. Their service is not
to be excelled.
]. A Wingard, of Kearney, Neb-
raslla, an old time friend of Harry
Burnett's is in town today.
C. B. Haines and Miss Ruth Haines
of Henderson, North Carolina, are
making a short visit in the city while
en- route west.
One fare plus $500 to Omaha. Chi
eago, st. Louis, Memphis, Kansas
City and intermediate points. Long
limit.-Colorado Midland.
If you want any change made in
your heating plant or want figures
on a new one. we will give you fair
price.-Lewis 6 Salee 124 N. Fifth
street, Phone 1851 red.
Coz. A. NJ. Tinker, of Washington,
n. =. who has been in the city for
several days. the guest of Superin-
rendent Burton, of the Indian school
left this morning over the narrow
suaEe.
w. II. Purdy and family leave this
evening on No. 6 for Meel1er where
Trey will reside in the future. Mr..
Purdy will have charge of the Meek
or telephone exchange. The family
has resided in the city for long
Ieriod and many warm friends re-
gret their departure.
Tomorrow the members of the
Methodist Sunday school will enjoy
their annual picnic. The day will be
spent among the cottonwood trees
over on the Gunnison. Those who
expect to enjoy the outing will meet
at the church tomorrow morning at
nine O'Clock from which place the
start Will be made.
The daily sentinel., 1906-07-11
ON TO DENVER VIA THE
DENVER AND RIO GRANDE

Many Grand Junction people will
probably take advantage of the low
rate to be made Sunday by the Den
yer and Rio Grande railroad from
Grand Junction to Denver on account
of the big convention of Elks.
Local Agent Hum announces that
rate of $12, for the round trip Will
be made. good neither the morning
or evening trains on Sunday, with
stop over privileges en- route at Glen
wood and Colorado Springs for pas
sengers on morning train. Ample
Pullman accommodations will be pro-
vided.
On July 10th the rate will be SIS
for the round trip. The final limit on
tickets will be July 23.
The trip over the Rio Grande will
be a pleasant one and all who can
should go over Sunday getting advan-
tage of the low rates. For tickets,
sleeping car berths and any informa-
tion desired Mr.. Hum should be
seen.
The daily sentinel., 1906-07-11

Rapid progress is now being made
by Contractor Lumsden's force of
men on the new ditch at Palisade.
At a well attended meeting of the
Odd Fellows last night work was done
inthe third degree. The session was
quite lengthy and very interesting.
This evening the city council will
meet in regular monthly session and
large amount of business will be
transacted. Mayor Pro Tenn o.
Boyle viii preside.
All day in the gem city of the
Rockies. The ouray excursion on
Sunday next will provide you with
an outing never to be forgotten. Get
your tickets from S. G. Hum. Den
yer & Rio Grande agent. today.
A lady of our city has found a
sure cure for broken dishes. If the
dish to be mended can be tied to-
gether with a stout string then place
It in boiling milk and leave one hour
you can never tell the dish has been
broken, and it can afterwards be put
in boiling water without the pieces
coming apart. This experiment has
been tried and proven and many are
the broken dishes which were
thought TO be useless which are now
as good as new-Ex.
The daily sentinel., 1906-07-11

Subscribe for the Daily Sentinel.
There is no place like home. A
meal at the Boston Lunch will remind
you of home.
HAMMOCKS~ AT ALL PRICES
NOT EVEN BEAT IN DENVER, at
the Postofiiee book store.
The semi-annual report of the
county treasurer will he issued short
ly. 1t is now being prepared.
When in need of first class plumb
ing work at a reasonably rate call
on Lewis e Sallee the Independent
plumbers.
There was a meeting of the school
board last night but no business of
Importance was transacted. A large
number of bills were allowed.
John Jensen, the man who was
badly burned at the smelter. n not
ice of the accident was given yester-
day, is much improved today.
This evening four candidates will
be taken through the rank of knight
or the third degree at the session of
Junction lodge, Knights of Pythias.
| Application for membership will also
be acted upon.
Evidently the grasshoppers are
| holding a national convention in
Grand Junction this week. and the
delegates have arrived by the hun
dreds. Around and under nearly
every arc~light in the city last night
there We're to be seen great swarms
and gatherings of grasshoppers.
Many of the runaways that have
occurred in the city lately have been
due to the carelessness of the driv-
ers and teamsters. There is an or
dinance against leaving a team stand
ing unhitched in the streets and every
man who does so lays himself liable
to heavy fine and also open to a dam
age suit. Such carelessness is abso-
lutely ineXcusable.
The daily sentinel., 1906-07-11
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A. B. CAMPBELL. Mgr.