davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-08-18
DUMAS v PEOPLES BANK. /rNNatAaA nrfl 1H 1908

prTMAs V PEOPLES BANK. DetInue.-(Decided April 2S, 1906. )--
 (40 So. Rep. s64.)
 i. Bills and notes: neEotfabi1ity. "A note payable to B. or order. for sum certain, payable at their office in Mo bile. Ala, providing also TOT paymen' of attorneys fees and costs Of coliec- lion and containing a waiver of ex- ernptions has all the clements of negotiable note and Is governed by the commercial law, under Sec. sss, Code 1906.
 mortgage was given to secure the pay nent of a note otherwise negotiable does not impair its character as com mercial paper.
 8. Chattel nortgage; equitable as- sisrnnent: transfer Of debt secured. - when the note was endorsed in blank by the payees and negotiated at the bank. and the mortgage was delivered but not assigned in writing, to the hank, 1t was an equitable assignment of the mortgage.
 4. Same; right of assignee.-The equitable assignee of a chattel mort rage has the right to use the name of the holder of the legal title to en- force the mortgage at law
 R. sane--When the equitable as- siknee of the mortgage gets possession of the chattels thereby conveyed from the holder of the legal title. 1t may set up the outstanding superior title with which 1t thus connects itself. to defeat detinue for the chattels at the suit of the mortgagor.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Afirmed. opinion by Dowdell, J. Haralson, Anderson and Denson, U ., concur.
The Montgomery advertiser., 1906-08-18
LITTLE BOY KILLED
YOUNG WOMAN ACCIDENTALLY DIS.
 CHARGES PISTOL.
Herbert flames. Four Years Of Age, Slain By His Amt, Miss Annie
 Kinx. Axed Seveafeens xn

Decatur. Aug. l7--(Special.) )--fIer- bert. the 4-year-old son Of Mir and Mrs Henry flames. was accidentally shot late this afternoon by his aunt. Miss Annie King. young woman about r years of age.
 The little. fellow died in few hours after the shooting Miss King makes her home with her sister, Mrs. Henry flames. and this afternoon she was playing with the child in the room ol his parents home. The young woman picked up ss-calibre revolver. no' knowing 1t was loaded. and In some way unknown. the weapon was accioentls discharxcd. The ball passed through the little fellows head. odgtng In tnt wall of the room. =.
 Miss King and the parents of the iit' tie fellow are almost craxed with griel The boy was an exceedingly prigh' child
The Montgomery advertiser., 1906-08-18

WOOD ct al V WEST PRATT COAL co Trover and Case-(Decided April 12,
 1906. 40 So. Rep. 959).
 l. Trover and case; title of plain ltinf; evidence of debt---Where the plaintiffs claim under a mining lease stipulating that the property alleged to have been converted should remain on the land and in the possession and use of lessors until the ore was all mined, and the lessee sold 1t before tbat time to defendants, the question as to whether the lessee. defendants eraee! owed plaintiffs anything Is im- material as affecting the title of either to the property.
 2. ChatteI mortgage; description of property; sufleiency.-While the rule is not so exacting between the par ties to the mortgage, as between the morteaEee and third persons to be af fected bv the mortgage. the description of inc propsrty must be particular; must contain a hint that will direct the attention of those reading it to some source of information beyond the words of the parties to It; and a mort gage on twelve tram cars. nve gross tons tram ear rails, 800 tram ties, 1000 one tinnls ia too indefinite and uncer- tain as to description to be used as evidence on which to build up title for defendant.
 & same: adverse titie; notice to u.ortraRer. where the property when mortpaged was ou the lana and In tho nossssaion of the lessors, this was con structtVe notice such as to put mort aaaee on notice or inquiry and renders nortxareA's claim Inferior to that of the lessors in nossession' claiming un-
The Montgomery advertiser., 1906-08-18

New Orleans, Aug. 17-President Irion of the State Board of Health today received a telegram from the act ing surgeon general of the Marine Hos- pital Service, stating that case of yeI- low fever was taken to Matanzas from Havana on the Italian steamship Mig uel P. Pinsllos. August Is: that the ves- sci had been disinfected and sailed for New orleans. She wil be placed in quarantine ct the Mississippi Quaran- tine station for six day@
The Montgomery advertiser., 1906-08-18
NATHAN V. sT. JOHN.

NATHAN Vs ols JOHANs Garnishment--(Deci April 2S, 19o6., --(40 So. Rep. 970.)
 Garnishment: liability of garnishee Judgment of debtor; compromise oi Judgment "A judgment awarding SO iicitor's fees to defendant in execution against garnishee. and the complain ant and garnishee and attorney agreed after service of the garpishnent upor garnishee.---the defendant to the other judgment.-.to compromise and settle the judgment for a sum certain which was paid by sarnishee and the Judg- ment against garnishoe was compro. missed and settled. Held: The garnishet was liable to the judgment creditor oi execution defendant for the amount oi the original judgment against him in favor of the execution defendant.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne
 Affirmed. opinion by Haralson, J. weakley. c. J., Dowdell and Denson, U. concur.
The Montgomery advertiser., 1906-08-18

nine minutes. and was accomplished with a half Nelson and hammer lock. The second was in sixteen minutes. Burns was to have met Demetral. the Greek demon; no holds barred. But the Greek failed to show up. Ali came to challenge the winner and took on the match
The Montgomery advertiser., 1906-08-18
No. 1852.
 NOTICE TO CREDITORS.
nf First Meeting.

of First M~etins. In the District Court oi the United States. Tor ths Middle District of Alabaraa--- In Bankruptcy.
 In the matter of R. N RiehburE. Bank rupt Post Office Montgomery. COuagy Montgomery. Alabama
 Ths aforesaJd party having been adjIt ed . Taanlrlipt under the Act of Congress en- ,t,1ed s.An Act to establish a Uniform sys- lem of Bankruptcy throughout the United statasi. approved v 1st. 1898. a meeting "a fhs creditors of the said Bankrupt is call a at the office of the uadsrsigned Referee tn the united states cous, si. h9Hse' S M Moatsom. nsxt at 10 o'clock O. m, 10 m kks proOt oI debts and for the election Of Trustee, and sueh other matters as are necessary and re- sIired by the Act of Congress aforesaid.
 ASA n sTRATToN.
 AefereA Montgomery. Ala. August iftA isos.
The Montgomery advertiser., 1906-08-18

Charged With AmbuseadIng and Kill
 ing Drake at Huntsville.
 Huntsville. Aug. 17.---James HamiI- ton, wanted here for murder, has been captured In Florida after being a fu- aitive three years and is being held by the authorities here.
 Hamilton, 1t is alleged. ambushed and Killed M D. Drake near New Hope. Drake was looking for Hamilton at the time for paying improper atten- ton to his wife. Hamilton's father re- rnained in jail several months as an &C., oomplIoe, was was released.
The Montgomery advertiser., 1906-08-18
FIGHT CROWS WARM
wHYRLwrxD FINISH IN THE MADr
 SON CAMPAIGN.
Dispensary Advocates Import Speakers and Are F1oodinn the County With
 Lfternfure--The Ansis Not

Huntsville, August 17.--(Special. )-- The last of the regular scheduled series Vi wAo % are running for the iegisIature or, lthe dispensary Issue was held yester- day at Meridianvil1e where there was a big barbecue given and 1t proved to
 n fhe Krsy snS Erie smish shs opgposns candidates. had some hot words ano their friends gathered around them
 prepared for any emergency. Had a
 blow been struck an there ,,r, you you'd very 2, prevailed, however, and the meeting came to an end without further dis order.
 candidates have canvassed the county and debated the proposition from every
 view point. Feeling has been worked up to high pitch over the matter and
 sas hs gh. aas gsssns nesrsr as sas tive politicians ask to be excused from
 predicting the result of the light.
 The dispensary people have resolved
 ss .ss os M4sh. ns 0s srSs ss last night from Rome, Ga. to make
 several speeches for the dispensary. Erie Pettus of Athens spoke tonight at
 the, the weekly d meeting tS Ss the, the % a special edition of The Morning Mer- cury filled with several pages of dis-
 pensary lfterature. Hon. Tancred Betts ana f1cn. J2mt8 H. fa1leuttub nave taken the stump and are making
 speeches to large crowds over the
 county. The anti-dispensary. people
 are not idle but are nooding the coun- try with literature and preparing for
 final week of great effort before the election.
 The United States Army has
 established a recruiting station here
 for the enlistment or men in all
 branches of the service Lieut.. D. H.
 Powers, U. S. A.. Is in charge. Miss Grace D. Jones. John B. Jones and P. B. Jordan of Buffalo. N. T., reached Huntsville yesterday afternoon in an automobile In which they are travelling from Gulfport, Miss, to Buf. falo. They left today for Nashville. Deputy Collector Campbell and Depu- ty Marshal Arnold captured fine cop per cap and worm and T,&00 gaflons oi beer near Henneger in DeKalb county where a big still had been in operation The operatives had fled with the still before the officers reached the scene News of the death of John R. Fulg. ham at Birmingham ff@ been received in Huntsville with deep regret. He was for many years member of the Huntsville police force and later left the service of the city to become . railway detective. He was a brother of ex-Sherif Fuigham.
 ~~------s-~-sA---~-------~ Casino Hzatinee Today. Erindamour,
 the Jaif Breaker.
The Montgomery advertiser., 1906-08-18
M,pHERsoN V. wIocrNs.

psit.--(Decided April 2s, 1906.
 40 So. Rep. 96D.
 Appeal; defects in record; dismissal. Where the organization of the court that tried the case is not shown by the record. 1t fails to affirmatively appear that the judgment was rendered by d court legally organized at time pro- vided by law, and such judgment will not support an appeal.
 Appeal from Monroe Circuit Court
 Heard before Hon. John T. Lackland.
 Appeal dismissed. opinion by Ander- son, J.
 Haralson, Dowdell and Denson, JJ.. concur.
The Montgomery advertiser., 1906-08-18
I.,vernooI cotton s,atI.tlon.

Liverpool. Aug. 1T-Folowing are the weekly cotton statistics: Total sales all kinds 82.OOO: total sales American 1I.- GOO English spinners takings, 46,o0o; total exports A,Oo0 halesi imports of all
The Montgomery advertiser., 1906-08-18
aEoNoE V. THE sTArE. 1.

,s,,rdA,--TYoecided April 2s, isoe.)---
 GAO So. Rep, S61
 rrinsinal law; homicide; evidence.
 A aeclaration by deceased that ne was cut was admissible, although. he dia nol state who cut him.
 2. Homicide; evidencei fnreats - Threats made by defendant general n character. having no reference 70 ,s u rnased. were inadnnissfbis against him.
 s Same; self defensel charges A charge asserting that an assault win the hand or fist neve- justines the use oF A deadly weapon. is erroneous. :.
 Sanae&--A charge "that an assault ...,th tha hand or fist never justifies or sxcnnes homicide under ordinary cir- e,,yoatanees and 1t Is for the jury to aeciae whether the facts in a particu- lar case are within the ordinary req son or not, is correct abstract prop osition Of law, . uoentative.---A charge that the Jury nav take into consideration the relative weight. age, size and physical condition of inc two combatants in determinins thA synrninence of peril og defendant. Is srsun1entatfve and gives undue prom thence to certain facts.
 s Homicide; self defense: charge. = A charge not predicted upon defenc- ants not entering into the diniculty uIiiinrly, although the other elements of self defense are stated. Is properly refused
 I. Same: feionious assault ..--lf the other elements of self defense existed and deceased had made threats agains' Attendant. which had been communi. eafed to him, he had right to act uY,on any hostile demonstration or overt aet. which led him to the honest belief that he was in imminent peril. although s1ch hostile or overt act did not amount to a felonious assault
 Appeal from Monroe Circuit Court.
 Heard before Hon. John T.. Lackland
 Reversed and renanded. oninlon by Anderson. ]. Haralson, Dowdeu ana Denson. JJ.. coneru.
The Montgomery advertiser., 1906-08-18
nnrna nefeafn Ali.

Birmingham, Aug. 17.--(special)--- Before a crowd of l,5o0, in the skating auditorium tonight. Farmer Burns de- feated Bob All, a Turk, in two straight falls. The first fall was secured in
The Montgomery advertiser., 1906-08-18

kinds. 1s.o00; imports American i.0ooa stock all kinds, 4ss.ao0: stock American S56.o0Oj quantity aiioAt all kinds 45.Ooos quantity afoat American 2S.000s total sales on speculation 800; total salaS to e1noFtsEs 1.s0.
The Montgomery advertiser., 1906-08-18

Dr. w. T. crumpton, the well known Secretary of the state Board of Mis- stons of the Baptists of Alabama, will occupy the pulpit of the First Baptist Church Sunday morning at Il o'clock.
The Montgomery advertiser., 1906-08-18
BAILEY V. CITY or oPELrKA.


 BAILEY v. CITY OF oPELrKA.
 Action by City to Recover License on Pool Table--(Dacided April 2e. 1906. 40 So. Rep. 96e). 1. License; privileges; municipal or- dinances; validity.-Section of act approved Feb. i9, 1898 (Acts iS92-sS. D. 450) prohibits the keeping of a pool table in any house where liquors are sold; same provision is in the act cree ating new charter for city of Opelika
 (Local Acts 1sss-eD. p. 113S) which act further provides in Section ii thereof that the Board of Mayor and Aldermen
 shall have power to license and stop such exhibitions, business. vacations, occupations or professions as are now licensed by the State. but no mention
 Is made of keeping a pool table; the general revenue law (Gen. Acts 1885, 90, p. 190, Sec 60, and Acts 1900-01. p. 2631) provides for licensing pool ta-
 bles kept in connection with a barroopl or drinking saloon. Held: the muni- cipal authorities of opelika were au- thorized to require by ordinance, a license for keeping a pool table in con- nection with a barroom or drinking
 saloon under the charter of the city. and State revenue law.
 Appeal from Lee Circuit Court. Heard before Hon. A. E. Evans. Affirmed. Opinion by Dowdell, J. Weakley. c. J., Haralson and Denson, lJJ., concur.
The Montgomery advertiser., 1906-08-18
Fever Abonrd shiu.

Casino Matinee Today. Brindamour, the Jail Breaker.
The Montgomery advertiser., 1906-08-18

Appeal from Birmin gharn City Court
 Heard before Hon. C. w. Ferguson.
 Reversed and remanded. Opinion by
 weakiey. c. J, Tyson and Anderson. JJ., concur.
 wIrTMEIER, ct al. V. HOWELL. siiI to Forecloce Mortgage-( Decided
 Feb. 6. 1908. .)--(4o So. Rep. ses.)
 1. Mortgages; right to foreclosure; tender of amount due.--A sale under a mortgage in invalid where the amount due thereon was rendered be- fore any steps were taken to make sale under the power
 2. Same: attorneys fees--In order to terminate . mortgagee's right 10 forecioss a mortgage by sale under the power.l where the mortgage proviaec for the payment by the mcrtgagor or all attorneys fees legally incurred m collecting the indebtedness. or In lore closing the mortgage, tender or the attorneys fees legally incurred eeforo the tender Is necessary.
 s. Same; pIeadings---A bill averrlng tender of attorneys fees to attorney of respondent. but not alleging that me tender was made before steps were fa- ken to fcreclose the mortsase: sucn averment was insufficient to show . valid tender.
 {. Same: ofrer to do equity;payment into court---where the complainant of- fers to pay whatever is found to DO due under the mortgage. that is suffi- o.ent offer to do equity, without pay ment Of the money into court 5. Same; parties--When the Dill ayers that the mortgagee has trans- ferred or assigned the mortgage, but that the assignment did not divest him of the legal title to the property con- veyed by the mortgage. such mort gagee is proper if not necessary. party respondent to the Dill seeking to restrain the foreclosure.
 6. Pieadings: conciusion--Where the allegation was that the mortgagor ten- dered the mortgaEee the money ana cotton called for by the mortgage. but without specifying the amount ol either, such averment was insnmcient. :. as 1t was mere conclusion of the
 sRehearina denied April 3. 1908. Appeal from Biount Chancery Court. Heard before Hon. A. H. Benners. Reversed and Remandsd. Opinion l by Anderson. J. - IT
 Tyson. Dowdeli. and simpson s'- concur
The Montgomery advertiser., 1906-08-18
pr. crumpton to Preach .

Casino Matinee Today. BrindamOur the Jail Breaker.
The Montgomery advertiser., 1906-08-18
James Hamilton, wanted for Murder,
 Apprehended.

Apprehended.
 Huntsville, Aug. 17.--(speciai.l- v flames Hamilton, wanted here for mur- der, has been captured in Florida, aiter being a fugitive three years. ana is being held for the authorities nere Hamilton, 1t is alleged. ambusnea ana killed M c. Drake, near New nope. Drake was looking for Hamilton at the time for paying improper attention to his wife. Hamilton's father remained in iail several months as an alleged ac- complice. but was released.
The Montgomery advertiser., 1906-08-18
cAUeHr IN FLoRIDA.

Casino Matinee Today. Brindamcnr the JniI Breaker.
The Montgomery advertiser., 1906-08-18
JAMES HAMILTON CAPTURED.

Casino Matinee Today. Brindamour the Jail Breaker.
The Montgomery advertiser., 1906-08-18
1850.
 NOTICE TO CREDITORS.
Of First Meeting.

of First Meeting. In the District Court of the United statsA for the Middle District of Alabama In Bankruptcy.
 Tn the matter of Jesse Ellington. Bank rupt. Post Office Montgomery County Montgomery. Alabama
 The aforesaid party having been adjudged a Bankrupt under the Act of Congress en- titled "An Act to Establish a Uniform SyB- tenn of Bankruptcy throughout the United States" approved July list, 1898. meeting og the creditors of the said bankrupt is call cd at the otflee of the undersigned Referee, in the United States Court House, Montgom cry, Alabama. on the 18th day of August, next, at 10 o'clock a. rn.. to make pr0o1 ol debts and for the election of Trustee, and such other matters as are necessary and re- uufIed by the Act of congress aforesaid
 ARA E STRAIroN,
 Referee Montgomery. Ala, August i4th, l9os
The Montgomery advertiser., 1906-08-18
HEAD NOTES {
 SUPREME COURT

BAKER v. HAYES. HENSON & co. Action on Verified Accounted Decided
 April 28. le0s.---So. So. Rep. 96s).
 1. Account; action on: prima facie case.--The introduction in evidence Of an account duly verified by afldavft as required by Section 1904, Code iSs6, which fact Is endorsed upon the com- plaint. and the defendant fails to file sworn plea denying its correctness, makes out prima facie case for plain- tin on which he is entitled to recover in the absence of any evidence on part of defendant.
 2. Same; evidence; admissions.--The fact that defendant stated that plain tins claim was SEQ for which he of- fered him $sS. was a tacit admission of the plaintiff's claim. and such state ment was admissible in evidence aganst defendant.
 Appeal from Taliapoosa Circuit Court.
 Heard before Hon. S. L. Brewer.
 Affirmed. Opinion by Haralson, J.
 Dowdeil, Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1906-08-18

Casino sIatinee Today. BFiRdamOur, the Jail Breaker.
The Montgomery advertiser., 1906-08-18
NOTICE TO CREDITORS.
os Flrat Mestlnm.

of First Msetins-
 In ths psstrict Court of the Jnitea etatea for the Middle District Oe Alabama--, In Bankruptcy.
 In the matter of E. K chumley. Bank rupt, Post office Aontg0ule3 .. GOutt, MontEomery. Alabama.
 The aforesaid party having beea adJudssd hankrupt under the Act Of Congress en titisd "An Act to Establish Uniform sy.- tsn of Bankruptcy throughout the United states" approved July list. 1888. meeting ~ tha creditors of the said Bankrupt is cali. sd at the office of the undersigned Referee. in the United States Court House. Montgom- srv. Alabama, on the 2Sth day of August. nsst al 10 o'clock a. m-. to illak ' nroof of debts and for the election Of a srustea. and such other matters as are nee sssary and required by the Act Of Congress 'A0tsSA'~ ASA 2. srRAEroN.
 Referee Montgomery. Ala. August 17th. 1906.
The Montgomery advertiser., 1906-08-18
WANT ANOTHER RECEIVER.

Casino Matinee Today. BrindamOur the Jail Breaker.
The Montgomery advertiser., 1906-08-18

der a contract executed prior to the mortgage. thought unrecorded.
 Appeal from Birmingham City Court Heard before Hon. C. w. Ferguson.
 Reversed and remanded. Opinion by simpson. !.
 weakiey. c. J, Tyson and Anderson. JJ., concur.
The Montgomery advertiser., 1906-08-18
aUsINEss OPPORrUNTrIEs.

PARTNER wanted in Merchandise Broker Age business neighboring city, very little noney required, ability a salesman.
 nrineipally flour. first consideration. Ad- dress Broker. care Advertiser. -2t
The Montgomery advertiser., 1906-08-18

Casino Matinee Today. Brindamourl the yail Breaker.
The Montgomery advertiser., 1906-08-18

Miss Grace D. Jones. John B. Jones and P. B. Jordan of Buffalo. N F., reached Huntsville yesterday afternoon in an automobile In which they are travelling from Gulfport, Miss, to Buff
The Montgomery advertiser., 1906-08-18
Nr1scELLANEoUs,

MAHCEA4AAAGEOUH.
  [ HAVE sold my business at the corner of south and Hull to Abe Mohr. Ali parties who owe me are asked to come and settle expense c. B. Groom. Aug. 1T. 1906. special Deputy F T Gordon. of the B' ,,nion bricklayers of Montgomery at the Bricklayer's Hall, 1fh So. Court St, Mon- day night, August 2ist. -3t
The Montgomery advertiser., 1906-08-18

Deputy Collector Campbell and Depu- ty Marshal Arnold captured a fine cop per cap and worm and T&00 gaflons oi where a big still had been in operation
 The operatives had fled with the still before the officers reached the scene
The Montgomery advertiser., 1906-08-18

Casino slatines Today. Brindamour, the JasF Breaker.
The Montgomery advertiser., 1906-08-18

The United States Army has established a recruiting station here for the enlistment or men in all branches of the service Lieut.. B. H. Powers. U. g. A.. is in charge.
The Montgomery advertiser., 1906-08-18

Mantromsry Ala.. AuEast iftA io0s.
The Montgomery advertiser., 1906-08-18

WANTED--That 1t be known to every per Ion that West Bros. Drug Co.'S retail and prescription Drug Store is located at 114
 Monroe Avenue --30t
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-09-18

A specific for pain-Dr. Thomas
Electric Oh, strongest, cheapest Hni.
ment ever devised A household
remedy in America for rs years,
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-09-18
HOOS|ER METHOD|STS
TO CELEBRATE BUILDING OF
FIRST CHURCH IN STATE.
Committee Appointed to Prepare for
Centennial Event-old Structure
Restored to Original Site
Four Years AGO.

Charlestown, Ind Ninety.nine
years ago the first Methodist church
built in Indiana was dedicated. In
celebration of the ninety-ninth ami
versary and in preparation for the
one hundredth the Seymour district
conference of the M. E. church has
just appointed committees and laid
plans in general way for CEN
tennial celebration in August next
year.
The plans are to be for a state,
not district, celebration, and it Is
expected to gather, not only all of
the leading Methodists of Indiana in
and around the little restored church
building, but also to bring to it many
of the men of national fame.
The original log cabin church
building was completed in August,
1907, near the home of Nathan Rob-
ertson, the leader of the Methodist
movement in the new Indiana coun-
try" The town of Charlestown,
which is now preparing to celebrate
its centennial on September 6, had
ust been laid out, but Methodism had
practically no footing in the place.
The Presbyterians and New Lights
were the principal denominations in
the town, and the influence of the
following of Wesley in Clark's grant
was confined to a few societies scat
tered through the woods.
The society or congregation that
gathered to place the logs of the