The Montgomery advertiser., 1906-05-24
TAX CASE DECISION
MORTGAGES CANNOT BE ASSESSED
 AS CAPITAL STOCK.
Judge Richardson Holds Against the Hoard of Revenue In Controver- sy With the Sellers
 Orum Company.

An important decision which may affect many corporations having capi- tai stock held in mortgages, was held yesterday in the case of the State of Alabama against the Sellers-Orum Company, by Judge J. C. Richardson of the Circuit Court
 By this decision, the court placed itself on record as believing that stock so held cannot be assessed as capital stock in the tax reports of the county.
 The dispute arose over the steps taken by the Sellers-Orum Company in deducting s2o.o0o of its capital stock, which was held in mortgages from the property on which 1t pays taxes. According to a State statute. corporations are compelled to assess their capital stock. and to deduct oth- CT property on which 1t pays taxes, from the amount When the defend ants in the case deducted the stock | held in mortgages from the total amount, the Board of Revenue of Montgomery County objected to the step. The court upheld the action of the Sellers Drum Company. however, and gave judgment for the defendant. A jury verdict for the defendant was returned in the trial of the Montgom- cry Street Railway by J. F. Thomas.
 
 elected from a car of that company, after offering a s5 bill in payment. which the conductor was unable to change. The defense tesded to show that the complainant did not offer the money to the conductor.
 Fred S. Ball. doing business as the Credit Association. had a verdict re- turned against him in his suit against J. D. Baker. The Credit Association I ~I,S -t.1 A hnf the defendant, who was subscriber to a book with credit slips applying in certain stores of Montgomery. had not paid the amout of his subscrip- ton. Baker produced evidence to show that the book subscribed for had not been delivered in a reasonable time after the date of subscription.
 A technicality postponed the trial of the suit brought by J. l.. Sanford. now residing in the State of Texas. against the Louisville and Nashville Railroad Company for damages for the death of his son, who was killed in the construction of a building be- longing to the railroad company. Ac- cording to the law governing the prosecution of suits by non-residents of the State, the plaintiff must de- posit money, or give security. for the amount of the costs In the litigation.
  case claimed that Sanford had not de- posited sufficient money to cover the costs.
 The case was continued ninety days to allow the plaintiff to deposit the sum required.
 Amounts were settled and announc- ed by the court in two judgments rendered in favor of W. F. Vandiver and Company against J. B. Dawes, and one garnishee. on Tuesday. In the case of Dawes alone. a judgment of $193 was secured by the plaintiff. Tn another suit against Dawes by the same company B judgment Of S11.39 on its answer was given against the Merchants and Planters Farley National Bank, as garnishee
 At the close of the docket for the day, applications of Solomon Eisen- berg and Arnold Mile. two Austrians. for naturalization papers, were passed upon favorably by Judge Richard son.