davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-10
Head Notes Of Me Decisions
 Of Alabama Supreme Court

mencement of prior suit being merely collateral matter 1t was not necessary that 1t should be established by the best evidence, the record; it could be shown otherwise.
 12. Limitation of actions; persons under disability.-The statute of limi- tations does not run fn favor of the entryman during the period of the gran tors incompetency,
 IS. Trial: abstract charges.-In the absence of any evidence that any part of the consideration of c deed was the future support of the grantor, charge which asserts that if the grantor had sufficient mental capacity to compre- bend the nature of his act when he ex- ecuted the deed, and that it was pro- cured without fraud, the jury should find for the plaintiff, although they might further find that one of the considerations. for the deed was a con- tract to support the, gtantor, which was subsequently, broken, is abstract and properly refused
 Appeal from Mobile Circuit Court. Heard before Hon. Samuel R Browne. Affrmed-opinion by Simpson, J. Weakley, c. J., Tyson and Simpson, JJ, concur.
 PHILLIPS, ct al VI BRADFORD.
 BBiIl to Conceal Mortgage-(Decided June ,lsUb-4l COs INcp .ootsJ l. Pleading; amendment of bill; de- parture.-The bill, seeking caneella- tion of a mortgage alleged that while complainant was being pressed by cred itors, respondent, conplainant's bro ther. in whom she reposed confidence, and who managed her business, advis- | ed complainant to execute bogus | mortgage to him. By an amendment such allegation were stricken from the ! L. hp faantiOnq which ! omitted all statements about complain | ant being pressed by claims. but alleg- ed that respondsnt advised her that to | protect her rights in heR land and to preserve her homestead for herself and minor children, it was necessary TOT her | to give him mortgage, By other l amendment, 1t is alleged that respond l ent unduIvs Influenced complainant, and l that 1t was not necessary for complain l ant to have given the mortgage to pro- l tect her rights in the land and to pre- serye her homestead. Held, the amend
 nhents were not departures from the 1 original bill as the amendments were | consistent with and germain to the ! idea that the claims did exist. and that the giving of the mortgage was unnec- 1 essary. ether because the claims could have been taken care of otherwise, or
 becaus ecomplainant could have pro- | tected her homestead under the stat
 ute.
 2. Equity; fraud of complainant; eff
 feet; existence.-The bill was not sub
 feet to demurrer on the grounds that l complatnaM was guilty of fraud, or
 thatt he parties were in pari deltcto
 Appeal from Lee Chancery Court.
 Heard before Hon. w. w. Whiteside
 Affirmed Opinion by Simpson .J. Weakley, c. J., Tyson and Anderson l u. concur.
The Montgomery advertiser., 1906-11-10

ed in another State to comply with Section 1916 of the Code of 1S96, and the constitutional provision relating thereto.
 2. Same; contracts before incorpor- ation; construction.--The appellees. owners of saw mill outfit and timber contract, entered into an agreement with the company to sell said saw mill outfit and timber rights to. the com pany in consideration of the organiza- ton of corporation for the manufac- ture of lumber; stipulating further, also, that the corporation should be capitalized at $10,000, one-fourth of the stock to be owned by appellees' and three -fourths to be owned by the company. Held, the contract so enter ed into stipulated, not only the organ ization of a corporation, but that the company would contribute something | of value to 1t in consideration of three . fourths of the stock which should De owned by the company,
 S. Same.-Where a company agreed to organize a corporation to be capi- talized at $lO000, one-fourth of which was to be owned by the owner of a saw mill outfit and timber rights, and three -fourths to be held by the com pany, and in compliance with the con- tract sthe owner of a saw mill outfit and timber rights conveyed to the corporation his property in considera- tion of one7fourth of the stock, and the company did nothing towards its part of the, contract in the way oi payment for three-fourths of the stock held by It, and the rights of nc other stock holders intervening to be affected by the cancellation of the sale | the seller was entitled to maintain a bill against the company and the cor. poration to have his right in the saw | mill outfit and timber restored to | him.
 f. Sales; purchasers from buyer notice of equity.-Where property was sold to a company in considera
 tion of the organization of a corpor' ation to carry on the lumber busi ness, the purchaser of the property st
 sold to the company, who had knowl
 edge of the equities of the seller il the property. is liable to the seller
 "Rehearing denied July 6, 1906.
 Appeal from Mobile Chancery Court
 Heard before Hon. Thomas H. Smith
 Affirmed Opinion by Anderson, J.
 Weakley, c. J.. Tyson and Simpson u, concur.
The Montgomery advertiser., 1906-11-10
COULD GATES CHAIR co. cffon on Sales Confract- --(Deei de(

Weakley, c. J., Haralson and Simp- son, JJ.. concur.
 COULD V GATES CHAIR co.
 Action on Sales Contract--(Deeide
 June ,30th, 1906--41 So. Rep. 675).
 l. Appeal; harmless error; rulings on evidence.--Where there was a con- troversy as to the balance due on a contract of sale, and the jury found with the defendants contention, on ap- peal by defendant, error in the admis- sibility of evidence supporting plain tiff's claim was harmless.
 2. Evidence; opinion of witness; principal and agent; authority of agent. A witness who knows the facts may testify that the authority of a travelling salesman of corporation was limited to taking orders subject to approval by the corporation.
 B. Sales; contract; when completed. A travelling salesman authorized to take orders subject to approval, sold goods to a buyer indicated by an order specifying the goods and the price to be paid and signed by the salesman only. Held: The order did not consti- tute a contract in the absence of an acceptance by the manufacturer. 4, Same:-In April the traVeltng | salesman, with authority to take or ders subject to approval, sold a bill of goods to the buyer which his principal approved and filed. During the fol- lowing September the same salesman sold other goods to the same buyer and made out a written order designat- H ing the goods and the price, and TOT warded 1t to his principal. who helo the order until November without in- dicating to the buyer whether it was accepted or rejected. Held; That tli silence on the part of the principal, or manufacturer, did not constitute an acceptance of the order.
 l s. Same.-In November the DuySf wrote to manufacturer concerning the declining the order at the price statSO therein. Held: That the correspona- ence sufficiently showed non accept ance of the order. ,,..,
 a Customs and usages; knowledge of customs; presumption.-It cannot p' presumed that a manufacturer Whos' piace of business was in North Car9 lima had knowledge of customs preVaii ing in one point in Alabama; .,,,.,,
 Same; evidence; admissibility.- Az directing the principal of the sales men, proof of custom optalnln' anoonr such salesmen alone is mad
 a Principal and agent; power O | agent; evidence as to authority acc ilaration of agent.--Whether or not th salesman said to the buyer that ne wa merely taking a bid rom mn .o. mAaS' ao
 vol,l6 have to go to the house TOT ac ea1tanoa or rejection, was incompeten as against the principal: o,....a
 Anpeal from Mobile Circuit Courtn
 Heard before Hon. Samuel B. Browne
 Adirmed. opinion by Denson' J.
 Wealkley, c. J. ,and HarAlson an simpson, JJ., concur.
The Montgomery advertiser., 1906-11-10

kers for the proceeds of a gale of po- tatoes, a plea set up a contract for the sale of potatoes by the barrel by plaintiff to defendant a shipment of potatoes, that the weights were short udner the provisions of the contract. a refusal of defendant to accept, and a subsequent contract whereby defen- dant agreed to handle the potatoes on account of plaintiff; and defendant of- fered to set off the reasonable profits which he would have made under the first contract, together with the ex- pense of storing and reb1rreling. the potatoes, against the amount of plain tiff's claim. Held. that the plea was not demurrable on the ground that It fore the purchaser rejected the ship ment and as containing the defense of 'rescission and breach of warranty.
 8 Sales; breach by seller, measure of damages. In an action by the pur- chaser of potatoes sold by the barrel against the seller for failure to de- liver barrels of proper size, where fore the purchaser rejecmted the ship ment, the measure of damags was the difference between the purchase price and the market price at the time and place Of delivery
 "Rehearing denied July 6, 1906. Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayre. Affirmed. Opinion by Weakley, c. J. Haralson, Dowdell and Denson( JJy concur.
The Montgomery advertiser., 1906-11-10

Heard before Hon. Charles ". Fer.
 Afirmed-opinion by Anderson. !. 1yson' simpson and Denson, JJ., con. ye ttmbr.materIal ylIn-5 fl m
 RIoDAN V. sCHLIsHER.
 equitable Garnlshment. (Decided
 APrh 20, 1906". 41 So. Rep. S42.
 Garnishment; equitable assets; olii Tn eduity.-A bill may be main- talned. under Section 7e4, Code 1886. 70 attach by process of garnishment' tne interest of the cestui que trust in property in the hands of the trustee ana To subject the same to complaint ants claims.
 NTrusts; interest of cestui que trust; corporate stock.-Responden was owner of a certain amount of stock In corporation; the corporate property was sold under deed of trust, and purchased by a trustee for the stockholders, each stockholder contributing to the trust the amount corresponding to his stock; the trustee accepted and declared the trust, stat Ing that the stock in the corporation held by the parties furnishing the money was the measure of their inter- est in the proceeds of the sale of any of the property by the trustee. Held. that by virtue of their stock the stock holders acquired no interest in the trust property, yet, through the declar- ation of the trust they acquired an in- terest in the trust estate porporttonate | to their stock holdings.
 8. Same; cestui que trust; assign ment; equitable interest.-A cestui que trust may assign his equitable in- terest in the trust fund in pay ment or security of a valid indebtedness. Rehearing denied July G. 1906.
 Appeal from Birmingham City Court.
 Heard before Hon. Charles A. Senn. Reversed and Remanded. Opinion by Denson. U.
 WealEley. c. J., Haralson and Daw- dell. u. concur.
The Montgomery advertiser., 1906-11-10
h. D. BE1IoTE AND SONS vs. WILL
 COX

Action on Common Counts. - Decided
 May 30th, 1908. Al So. Rep. 675. )
 1. Pleading; plea of set-off! suffi ciency. "A plea that at .he time of bringing the action plaintiffs were in- debted to defendant in a certain sum for work and labor done and money paid by defendant for plaintiff was not dernurrabIe on the ground that 1t was indefinite and stated no Sacts showing the grounds of seton.
 2. Same In an action against bro-
The Montgomery advertiser., 1906-11-10
FLICKER vs. HICKMAN Motion to Enter Satisfaction of Judg- ment.-(Declded June 30th, 1906 Gn IA1

4I So. Rep. ILL .
 Judgment satisfaction; entry of against P. in the Circuit Court. Later P. paid H. sum certain as a satisfac- ton of the judgment, taking receipt stating that the judgment was marked satisfied in full. Later execution on inc judgment for costs, was issued against P. and levied on his property. whereupon he procured supersedead and entered a motion to have the judgment satisfied. Held, P. was en- titled to have the Judgment satisfied of record, and that the execution is- sued thereon was Illegal.
 Appeal from Henry Circuit Court.
 Heard before Hon. H, A. Pearce.
 Reversed and remaaded. Opinion by Dowdell, J.
 Weakiey, c. J., Haralson and Dem son, JJ., concur.
The Montgomery advertiser., 1906-11-10
RYALL vs. PEARSON BROS.

DGIIWUC.-VIJCCTuUU . UIIV 9vVI1' I00V' --
 So. Rep. 673.)
 1. Detinue; pleadi 1g; general issue A plea of the general Issue in an action of detinue IS the common law plea of non detinet, and puts in issue plaintiffs right of rec srv.
 2. Same; groundse A plaintiff in order to recover in detiaus, must show that at the commencsln 1t oi the ac- ton he had a general or special prop erty in the goods. the right to imme- diate possession, and that defendant had possession.
 Appaal from MarenGo Circuit cOurS
The Montgomery advertiser., 1906-11-10
MATTHEW'S vs. SOUTHERN RY. co.
 Action for Damages.-(Decided June

18th, 1906. Al So. Rep. 662.)
 Appeal; dismissal; defects in pro ceedings of lower court. Where the facts were found by the court, but il did not appear of record that state ment of the facts so found were en- tered on the minutes of the court, as required by Section s320, Code 1898 nor did it appear that the courts at tention was called to the omission and 1t appeared that .he facts stated in the bill of exceptions, If they had been entersd on the minutes, would support the judgment rendered, the appeal will not be reversed because oi the omission of he :lcts found to bf entered on the minutes.
 Appeal from Jackson Circuit Court
 Heard before Hon. w. W. Haralsor Affirmed. Opinion by Tyson, J.
 Weakley, c. J.. Simpson and Ander' son, JJ.. concur.
The Montgomery advertiser., 1906-11-10
BERNHARD MFG. CO. v CrTRoN
 ELLIE MFR. co.

D h' ELLIE MFR. co.
 Action on Sales Contract-(Decided
 June 30, 1s06-41 So Rep. 67l.) l. Sale; recission by buyer; mis-rep- aoods were manufactured not being shown 10 be a material representa- tion. ana the case not being one i'm .,olvinr the identity of the goods pur- rbssed1 the buyer cannot resoind the contract for misrepresentation as to the place of manufacture of the goods, where 1t appears that they were manu- factured by the same concern.
 z Evidence; val ying writing by pa rol-A written contract complete in it self. and providing that the sale was made under inducements herein ;ex-
The Montgomery advertiser., 1906-11-10
DIXON vs. THE sTATE.

June SOth, 1906. fl
 So. Rep. 734.)
 l. Incest; indictment.-An indict- ment charging that D., a man, being the father of c. D., girl, and within the (prohibited) degree of consan- guinity, etc., did have sexual inter course with said c. D., was, not subject to demurrer for failing to charge that c. D. was woman, that is, female at the age of puberty; charging. as 1t does, that she was a girl is sufficient. 2. Same; elements The crime of incest may be committed. so far as the man is concerned, with a female not arrived at the age of puberty. Appeal from Conecuh Circuit Court
 Heard before Hon. J. c. Richardsonh
 Affirmed. Opinion by Haralson, J.
 Weakley. c. J., and Dowdell and | Denson, JJ. concur.
The Montgomery advertiser., 1906-11-10

pressed and no other" cannot be var fed by testimony. that, at the time of the sale, 1t was orally agreed that the seller would not sell similar line of goods to competing merchants. and would furnish catalogue to facilitate the exchange provided for by the con- tract.
 Appeal from Mobile Circuit Court
 Heard before Hon. Samuel B. Browne.
 Reversed and refnanded-Opinion by Haralson, JJ, concur
The Montgomery advertiser., 1906-11-10
A. J. CRANoR CO. Ltd, ct al V. MIL
 LER, ct al

Property Restored. IDecIusu JuHo
 14, 1906.-41 So. Rep. 678.)
 1. Corporations; forgery; corpora tions non compliance with Statute; effect-One who has entered into contract of sale with a foreign cor poration, and has performed the con- tract by a delivery of the property sold to the corporation, cannot urge as a ground for setting aside the sale the failure of the corporation organiz-
The Montgomery advertiser., 1906-11-10

Sized Up. 'I can read him like a book" And a cheap edition at that"
The Montgomery advertiser., 1906-11-10
BRooKsIDE DRY GOODS CO, V. CIT,
 FURNITURE co

BROOhSIDE DRY GOODS CO, VI. CITY
 FURNITURE co.
 Garnishment-- Decided June 2, 19Oe---
 Al So. Rep. 65s,)
 l. Appeal; apresumptions; facts not shown by record-Where the court rem dering judgment against a garnishee was one of general Jurisdiction, the fact that the record was silent as to the affidavit required by acts 1S94-95, D 415, did not, on appeal by the gar nishee, create a presumption of want Of Jurisdiction.
 2. Garnishment; answer of garni- shee; contest; suf1iciency-A garnishee denied liability, and a contest was filed on the ground that the answer was un- true that the gaPnishee paid the de- fendant money after the service of tho garnishment, that the garnishee was indebted to plaintiff between the service of garnishment and the answer, and that the answer was made by an officer of the garnishee corporation who had no Knowledge of the transaction. De- murrers were filed to the contest--that the contest failed to point out in what particular the answer was untrue; that the declarations raised the question of the proper officer to make the answer. which could not then be put in issue. that the declarations failed to deny the details of the employment set up in the answer, and failed to show the amount claimed to have been paid ;and that declaration failed to set out the facts upon which indebtedness to defendant was claimed. Held-that the contest was not demurrabie.
 Appeal from Birmingham City Court
The Montgomery advertiser., 1906-11-10

Heard before Hon. John T. Lack land.
 Reversed. Opinion by Dowdell, J Weakley, c. J.. Haralson and simp son, ,JJ.. concur.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1906-02-01
Carnegie Scloenprciic.

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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1906-02-01
Sine Gbiraau'cr SScc.

eD1tn9o, 81. Somlar. - Sic
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TUn Icincr Satin pcraiftct?

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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1906-02-01
%OridJlaa smr Nbidaffnng Der SpScS
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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1906-02-01

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&crmiidDtc tclcarapbiidr SepcidDcm.
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Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1906-02-01
@enis 8enernng.
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