davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
ALABAMA NATIONAL BANK VS.
PARKER & co.

Assumpsit-(Decided April IT, 1906
40 So. Rep. 9S7)
/. Bills and Notes: validity; Notes
Given for Fertilizers; Bona Eide Hold
ers.-Negouable notes given for the
price OF fertilizers not tagged as re-
auired by law. are invalid, even in
hands of bona fide holder for value and
without notice.
2. Same; Action on; Dsfenses; Bur-
den of Prof.-Where the defendarS
sets up by way OF plea. as an answer
to a snit upon notes for the price OF
fertilizers. that the bag containing
the fertilizer were not tagged as re-
quired by law, the burcen of proof Is
on the defendant to show that the bags
were not tagged.
3. Same.-Where the action is up
on several notes given for as many
different shipments of fertilizer, the
fact that some OF the bags of one
shipment were not tagged, would not
defeat a recovery upon notes given
for the other shipments. Inquiry
should be directed to the iuegaIity,
vel non, of the consideration IN whole
or in part. of each note separately.
I. Evidence; Presumption of Fact
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
SIS. CURES ECZENA

acids in
impurities the of imperfect
action of system duty carry
of the body AS this efete lies in the
ad humo which absorbed into the
blood ovechargng fluid acid
healthy the blood throws off the hum through the and
this oenng skin disease The acids and
humo through the and ntes and burns the skin producing
sticky fluid which dries patches
itching blood
S. S. remedy for Eczema because it real blood purifier 1t
rh pure healthy this the symptoms
promptly pleasantly all skin diseases S. S. S. and is at
fine tonic the entire system Book Skin Diseases
medical advice free co., ATLANTA, Ga
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
n, n profeusIonnI Pitcher.

Miss Carrie Meyer, 17year-old girl
living in Macungie, Pa, has earned
good money all summer by pitching for
Various teams in the Keystone State.
Her peculiar twist of the sphere is
what fools the batsmen. Miss Meyer
is a handsome girl Of splendid physi-
cal developments, strictly refined in
manner and leading social light IN
her home town.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
CAUSE OF FALLING HAIR.
DandrufT, which is a Germ Disease
XIII the Germ.

Falling hair is caused by dandruff.
which is a germ disease. The germ in
buSrowing into the root of the hair,
where it destroys the vitality of tho
hair. causing the hair to fan
out, digs up the cutlcle in little scales,
called dandruff or scurf. You can't
stop this falling hair without curing
the dandruff, and you can't cure the
dandruR without killing the dandrull
germ Herpicide Is also a delightful
hair dressing. Sold by leading drug
gists, Send 10c. in stamps for sample
to The Herpicide Co. Detroit, Mich. f.
G. Fowler. Special Agent adv
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
PELHAM v. CHATTAHOCHEE GRoc-
cry co

Detinue by Seller TO Rescind Sale (De-
cided May Q. 1906. II So. Rep. 12.)
1. Sales: recovery OF goods by seller;
RECESSION; Burden OF Proof-In order
FOR the seller to rescind the sale and
Pecover the goods for fraud on the
part of the buyer, these things must
be shown: a. That at time OF pur-
chase the buyer was insolvent or in
falling condition. ca That he design
ed at the time not to pay for the goods,
or had no reasonable expectation OF
being able to pay. go An Intentional
concealment of these factss- or repre-
sensations fraudulontly made in regard
to them-(4) and that the sale was in
duced by such fraudulent representa-
tions. And the burden of proof is on the
seller to establish these facts.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
MOBILE & OHIO RAILROAD CO.. ".
CHRISTIAN MOERLEIN BREW
ING COMPANY

Damages for Killing Stock-(Decided
May 10, 1906. II So. Rep, ~
1. Negligence; proximate cause; in
Jury to animals.-The negligence of the
DEFENDANTS agents in permitting stock
to escape from plaintiffs enclosure. not
being the proximate cause of the kill
ing of the animals by another railroad
on a track over which the defendants
had no control, and some distance from
the enclosure, and there being an in
tervening proximate cause. the defend
ants were entitled to the affirmative
charge.
2. Same; notice OF use of premises
Where 1t is shown that the enclosure
from, which the stock escaped was
used as a beer warehouse, there is
nothing to charge defendant with no.
tice or knowledge that stock were kept
there. or that an opening made would
enable stock TO escape, hence no in
furious consequences could reasonably
have been contemplated by the defend.
ant as the result of the act complained
of, and there can be no recovery there
for.
Appeal from Mobile Circuit Court.
Heard before Hon. Samuel b. Browne.
Reversed and remanded. Opinion by
Anderson. ]. Weakley, C. j., Tyson and
Simpson, u. concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
Elk PARTE NATIONAL LUMBE.
MFG, co,

OBSERVATION-DISCLOSURES April %, 1906
Al So Rep. i0.)
1. GaTnishment; judgment nisi: o.
nal judgment; validity.--A valid judg-
ment nisi is necessary to support n
final judgment, the final Judgment be-
ing a confirmation of the Judgment
nisi; and IL the judgment MIST is in
valid, a final judgment rendered there
on is also invalid.
2. Corporations; actions; process; SER
vice.-It must appear OF record that
proof was made that process was serv
ed upon some officer authorized by
law to be served on behalf OF the
corporation before judgment by de-
fault against the corporation can be
rendered.
8. Certiorari review Of final judg-
ment In punishment proceedings
Common law certiorari is the proper
remedy to bring up for review the
matters and proceedings on the rec
ord in rendering a final judgment
against a garnishee confirming an in
valid judgment nisi.
Petition for certiorari to Supreme
Court
Petition granted, and Judgment en-
tered quashinE the judgment against
Farnishee in lower court. Opinion by
Dowdell. J.
son, w., concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
McGAUGH VS.. DEPOSIT BANK OF
FRANKFORT


Bill by Judgment Creditor to Redeem
from Sale under Foreclosure
decided April 20. 1906. 40 So
Rep. 9S4),
7. Judgment creditor; redemption
from foreclosure under mortgage
Where a Judgment creditor purchased
at sale by Register (Which sale was
never confirmed), debtors statutory
right to. redeem from foreclosure I'M
der mortgage, the purchase did not
operate as satisfaction OF the de.
cree, and did not destroy the Judgment
creditors right To redeem.
Q. Execution; salem deed to pur-
chaser.--Section 2917 Code 1896. re-
lating to the execution of deeds to
purchasers at judicial Gales, applies
only to sales made by the sheriff
Appeal from Lowndes Chancery
Court
Heard before Hon. w. L. Parks.
Affirmed Opinion by benson, J.
Weakley. c. J., HARRISON and Dow
dell, u, concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
MERRITT y ALABAMA PYRITEs CO.,
Eft al and
ALABAMA PYRITES CO., ct al V.
MERRITT

ALABAMA I III Eo w. Ell al W
MERRITT.
Bill to Quiet Title decided Nov 80,
1905. 40 So. Rep. 102S.)
!. Venue; Mode of Raising
Question; Motion to Dismiss
A motion to dismiss a bill for want of
equity as to certain defendants. made
by them. properly raises the question
OF venue as to them.
2 .Quieting Title; Bill; Want of
Equity.-A bill filed on behalf of all
stockholders alleging that a corpora
tion in which complainant was a
stoekhoider owns certain lands. but
for a number Of years the corporation
had ceased business and abandoned Its
organization; that certain parties
claimed some interest in these lands;
that such interests. whatever it was.
was inferior to and subordinate to the
title of the corporations; and praying
that the title to the land be quieted
and that the land be sold. is wanting
IN equity, It not being made to appear
that camplainants had actual or con-
structive possession. or that defend
ants had disturbed any of complain
ants rights therein.
3. Equity; Bill; Multifariousness-
The bill shows that those defendants
who II alleges claim an interest In the
leads were adverse claimants to COM
plainant. and had no interest in the
trust estate sought to be executed
which renders the bill multifarious on
account of misjoinder OF parties de-
PENDANT.
4. Same; Dismissal.-where a bill
cannot be amended so as to give 1t
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

Evidence that tags were placed upon
each sack at the time they were load
ed and shipped raised no presumption
that the tags were on vne sacks when
they were delivered.
5. Sales: Delivery to Carriers
Where goods are bought (. o. b. cars
at point OF destination, the carrier is
the agent Of the seller and there Is no
sale until delivery at that point.
Appeal from Marshall Circuit Court.
Heard before Hon. j. A. Bilbro.
Reversed and remanded. Opinion by
HARRISON. powden and. Denison. J.
j.. concur.
ALA. STEEL & WIRE CO.. " Glenn
ENrS
Action for Damages for Personal In
turies to Licensee. decided April
80. 1905. 40 So. Rep e71.)
1. Appeal: Amendments; Record
The proper practice Ia that the minute
entry should show amendments to the
pieadings. but II the amendment Is
shown /by the record, ana the certifi-
cate of the clerk 10 appended stating
that the record contains a true and
correct copy of the records and pro-
ceedings In the cause. 10 cannot be
insisted for the frst time on appear
that such amendments were improp-
records
Q. Master and Servant; Injury to
Servant; Complaint; Naming Servant
Charged with Negligeflcc--ft is neces-
sary TO name the feflow-servant whose
negligence Is counted on. or state that
his name Is unknown to the pleader,
to renuer a complaint good under subd
3 of. section 174s, Code 1895.
3 Same; Negligence In Giving Or
ders--Under subdivision of section
l479. Code 1895, count which alleges
that plaintiff was injured by reason
OF the negligence OF d person In the
employ OF defendant who directed
plaintiff to have no light with him,
and to whose orders plaintifr was re-
CURED to conform. ana as u result
plaintiff fell through a hole, was de-
fective in falling to affege that the
orders were negligenty gwen.
T. Negligence; Condition of Prem
Uses; Care as to Persons Invited There
on-Where the owner or occupier
of premises either directly or
implicitly, induces another to- come on
such premises he thereby assumes u
duty to see that the premises are in a
reasonably safe condition for the use
for which the invitation was extend
ton may not be injured by them.
Appeal from Jefferson Circuit Court.
Heard before Hon. A. A. Coleman.
Reversed and remanded. Opinion by
benson, J.
Weakley. C. J., Hara;son and Dow
dell, ]. ]. concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
SCHLosS & KAHN VS.. MCINTYRE,
L-rTp

4
EFT AL
ACCOMPLISHMENTS May s. 1905. Al
&c. Rep. I'D.
/. Officers: contracts; personal liza
bility.-Acting, under the supposed au-
thority conferred upon them by an
act establishing liquor dispensary
at Ashford, Ala. (Local Acts 1901;
p. 5000 the board of dispensary COM
missioners purchased liquors for sale
In the dispensary; the commissioners
made no promise to pay for the IL
quor, and derived no personal benefit
from their purchase; mdae no repre-
sensations to the seller not contained
in the provisions of this act, which
was as well known to the seller as to
them; upon the act being declared un-
constitutional no personal liability at
tached to the members of the board.
Appeal from Houston Circuit Court
Heard before Hon. III. A. Pearce.
Affirmed. Opinion by Weakley, c.
j.
Tyson. Simpson and Anderson. IT,.
concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
WESTERN UNION TEL co. " KRIcH-
BAUM


gram decided May 10. 1906. IL
So. Rep. 49,
1. Telegraphs; Messages; Transmits
sion; Failure to Deliver; Negligence;
Evidence.-Where the undisputed evil
dence was that defendant kept a book
at it's office In B.. In which patrons
could enter their name and address;
that plaintiffs name and address was
entered therein at the time of the re-
ceipt by defendant of the message d.
rected to plaintiff. and that the mes
sage was never delivered the defend
ant was guilty of negligence and the
plaintiff was entitled to the affirma-
tive charge. Notwithstanding defend
ants agent asked the sending Office
for another address, of better address.
2. Same; Damages; Mental suffer-
ing.-When negligence is established
on the part of the telegraph company
In failing to deliver message. and the
proof shows damage to plaintiffs
estate to the amount of toll paid for
sending the message, plaintiff is en-
titled to recover for mental suffering.
Appeal from Jefferson Circuit Court.
Heard before Hon. A. A Coleman.
Affirmed. Opinion by Mcclellan, z.
J.
weakley, C. ]. Tyson. Simpson and
Anderson, u. concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
EXPELLED THE POLICE.

New pupils examined, 0 to IL u. m
MONTGOMERY school for Girls.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

equity as to certin defendants, 1t il
proper to dismiss II as to them with
out giving opportunity to amend.
5. Appeal; Parties Entitled APP
peal; Parties Affected.--Where q bill
was dismissed for want OF equity as
to certain defendants. they cannot be
heard to assign error on cross APP
peal from q subsequent decree.
9. Equity; Dismissal Of Bill; In Va
cation.---where the equity of a bill
Is directly challenged by motion, e
may be dismissed for want of equity
in vacation as well as term time.
Appeal from Montgomery City Court
Heard before Hon. A. d. sayre.
Corrected and Affirmed. Opinion by
benson, ].
concur.
wALsToN v. DAVIS
Action on note. f(Decided April 10,
1905. 40 So. Rep 1919
!. Bills and Notes; Payment; Evil
dence: burden of Proof.--The burden
of proving payment of the note, when
pleaded. rests upon the defendant
9. Same Suffciency of Proof.--A
defendant is not required to establish
the defense Of payment. or other de:
lenses, beyond doubt, or even beyond
reasonable doubt.
81 Same; Instructions.-A charge is
improper which instructs the Jury that
II Is the duty Of the plaintiff. in an
action on a note. to satisfy them that
the debt sued on has not been paid.
and ,unless they are satisfied Of this
they cannot find for plaintiff. In that
II misplaces the burden of proof. and
fails to qualify the degree of satisfac-
tion required. which Is reasonable
satisfaction.
1. Same: Lost Note; Burden OF
Proof-That fact that the note sued
on was lost after suit brought. does
not relieve the defendant of the burden
of establishing reasonably his defense
Of payment; 1t now being incumbent
on the plaintiff to show that the lost
paper has not passed into the hands
Of an innocent purchaser.
s. Same; Negotiability; Place OF
Payment--A note not made payable at
a certain designated place is not
negotiable note and not governed by
the commercial law.
Appeal from Monroe Circuit Court.
Heard before Hon. John. I. Lack
land.
Reversed and Remanded. Opinion by
Weakley. c. ].
HARRISON. Dowdell and benson, ~.
concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

GRIFFIN VS.. DRENNEN, EFT AL.
Bill by Taxpayer to Require Mayor to
Refund Part of Salary.-Decided
June 80, 1905. 30 So. Rep 1016.)
1. Statute; title; statement of sub
ject.-The Act General Acts, 1908, D.
1889 entitled an Act to fix and pro-
vide for the salaries of mayors In
cities In this State" declaring that the
mayors of affNeities having a popuIa-
ton of more than $4,000. according
to the last Federal census, shall re-
ceive salary of $2,500.00 per annum,
is not unconstitutional on the ground
that its subject is not stated In it's
title. as required by Section 45. Con-
stitution 1901.
.. Same; local acts: notice The
Act General Acts. 1908, p 1851 Is not
a local act, as 1t operates upon all
cities in the State having a popula-
tion of more than $1,000. or that may
attain to that size, but is general. and
notice OF intention to introduce ~
was net necessary to give It validity.
Rehearing granted April 8, 1906.
Appeal from Birmingham City Court
Heard before Hon. c. W. Ferguson
Opinion by Anderson, ].
4A1l the justices concur
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

ID. r.. Gorrie a Son,
Planning Mills
Contractors & Builders.
Shavings for sale. -
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

Bowling Livery Co.
Livery, Sale and Boarding Stables.
Service and Attention.
1913 Lee st. Phone ESQ.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
Head Notes Of the Decisions
Of Alabama Supreme Court

2. Same: Purchaser from buyer
When the original buyer has been
guilty. Of conduct In the purchase Of
the goods authorizing tn seller tn
rescind and recover, sue sub-pur-
chaser must show that hls a pur-
chaser Of the original buyer and paid
the reasonable value Of the goods or
took them at their reasonable value
In payment OF q bona fide debt.
8. Same:---where the sub-vendee OF
q buyer of the goods. who was guilty
of conduct authorizing RECESSION and
recovery, held the goods under secret
trust for the original buyer. the SELL
err would be entitled to recover of the
sub-vendee upon proof of facts that
would enable him to recover OF thu
original vendee.
T. Same; Good Faith of Sub-vendee.
Burden of Proof.---Where a sub
vendee OF goods from an original ven
dee, who was guilty of conduct author
izing a RECESSION and recovery by the
seller. shows that he paid the reason
value for the goods. the burden Is upon
the seller to show notice to the sub
vendee Of the fraud of the original
vendee at the time of tbs purchase. or
before payment of the purchase price,
5. Same: Consideration.-The mo-
tives OF the parties being immaterial,
one purchasing goods without notice of
the fraudulent conduct of his vendor
In the original purchase of the goods,
1t does not matter whether the con-
sideration was in part cash. or that
the price paid was less than the value
of the goods. provided the considers
ton paid was valuable as distinguish
ed from good consideration.
8. Same.-In the absence of fraud
In the original purchase of goods by
the original purchaser, the fact that
such purchasers vendee brought the
goods with intent to defraud the
creditors of the original purchaser.
will not authorize a RECESSION and re-
covery of the goods. sss
T. Same; Several Sales; Fraud; En-
fect.--Where one sale was made under
such circumstances as to justify dts
SO Sold this fact Is not sufficient to
authorize a RECESSION and recovery of
goods bought at another time. free
of fraud.
s. Same; Instructions.-An instruc-
tion, In an action for RECESSION and re-
covery of goods fraudulently purchas-
ed. which authorizes recovery with
out reference to the solveney or in
solvency of the the purchaser at the
time of the purchase is erroneous.
9. Same.A-An instruction directing
an inquiry into whether the fraud of
the buyer induced the seller to part
with the goods is proper.
10. Same; Estoppei-The seller may
request a payment from his vendee
without estopping himself or waving
his right to rescind the sale and re-
cover the goods of the buyers vendee,
on the grounds of the fraud of his
vendee.
Appeal from Geneva Circuit Court
Heard before Hon. J. p. Hubbard.
Reversed and Remanded, Opinion by
Weakley. C. J.
Tyson. Simpson and Anderson. il,
concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27
S (ONCERNS CLASSIFIED ALPHABETICALLY
DIARIES.

Home Dairy,
Fresh Butter. Cream. Milk. Cheese.
Prompt Delivery.
Phone 1S4S. los N. Perry.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-27

Paragon Press,
For the trade. Csc per thousand.
Quick service. First class work
I6 Commerce ST. hone 945.
The copper era. (Clifton, Graham County, Ariz.) 1899-1911, 1906-07-12

A recent murder trial in Kansas
City had curious ending. The case
was clear. A young negro had shot
and killed another negro, much older
and of the worst possible reputation.
When the prisoner was brought up
for sentence Judge Wofford delivered
this remarkable address: Well
you're guilty of murder, all right, but
you're a poor, ignorant black man,
and 1 don't want to hang you. You
have no friends. You have no one to
plead that you were insane when you
killed this man. If l sentence you
to hang, you will hang just as sure
as there's a God in Heaven. There
will not be a whole lot of women cir
culating petitions to save your neck.
There will not be a lot OF fool men
writing letters to the Governor to
save you. No one will send you flow
ers. You'll just be forgotten until
the day of your hanging, and then
they'll hang you. III sentence you
to thirty years in the penitentiary." "
The copper era. (Clifton, Graham County, Ariz.) 1899-1911, 1906-07-12
Don't Go to Frisco for Work:
Special Correspondence:

| Special Correspondence:
''Mr. Eastern Workman do not
come to San Francisco now seeking
employment. There are enough
workmen here out of employment
to meet every demand"
This is the advice the heads OF
organized labor are sending broad
cast. They declare a mistaken i'm
preston became circulated to the eff
/ feet that as soon as the banks should
open the demand for labor would be
far in advance of the supply.
GAS a matter of fact there are
5000 workmen in San Francisco to.
day out of employment" said w. P.
McCabe, secretary of the San Fran
cisco Labor Council.
"And there is also more impor-
tant feature to be considered. A
large percentage of the laboring men
that left San Francisco only went to
nearby towns, and are waiting there
for conditions to make is possible
for them to return and go to work.
"Persons anxious to cause an in
fux of labor are either not taking
consideration of the fact that there
! are thousands of idle workmeu
within 100 or 200 miles of the city,
or else they are endeavoring to have
an overflow of labor at hand in order
to obtain lower wage scale.
''The army of unemployed men is
supplemented by the many thousands
of women wage earners who have
been deprived of employment.
"Under the most favorable condi-
tions these people cannot secure
work for some time yet, as if the
| insurance companies do not pay their
losses within reasonable time many
thousands of the unemployed will be
compelled to leave town.
1--WE are doing our utmost to have
the east learn of the exact situation.
Already many eastern workmen have
arrived, only to find that they had
been misinformed. There is no place
for the newcomer to live, and no
work for him to do. When the time
comes that the men and women left
here cannot perform the work that
is to be done, the word will be given
and cordial welcome extended to
workers of other sections. But don't
accept as the truth the statements
of employment agents regarding
conditions here now or in the future. :"
The exact number of union men
that have left the city, either for
nearby towns, to remain temporarily
or for other points to live perma-
nently, cannot as yet be ascertained.
All of the unions have issued notices
to members to communicate at once.