davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-25
New Orleans-Fair Grounds.

First race, six furlongs. selling-Atwood, 1os;
Young Jesse. 1o7i Sigmund, 1o6; Inyincible, 1OA;
Bonebrake and Simon Kent. 102; Monis, Alista,
My Gem and Many Thanks. 101; Electric Spark,
80; Teddy Brookwood and ALBERT 9s; Lythelist,
e5; Pirabella, 90.
Second race, six furlongs selling-Elastic. lis;
ARABIC. III: Dan McKenna and Shenandoah, 1909;
AID High, 10S; Mohave, 1885, Gay Adelaide, 105;
Enverite, 101 owasca, 90.
Third race. mile and sixteenth-Canyon and
Whippoorwill 1917; Footlight's Fayorite, 105;
Blennenwortb. 1903; Hunterdon, 100.
Fourth race, seven furlongs, handicap-'Rapid
Water, 125; Columbia Girl 108; .Log.steila, 103;
Tom Mankins, 100; 'King Cole. Stoner Hill and
''whippoorwill. "a; Fenian, 90; Hunterdon, IS;
ssStockwood, 81 First Premium, 100.
sIldrsth entry. ssWilliams entry
Fifth race six furlongs, purse-Security, 115;
Henry Hendricks The Ram, T. B. Zero. Last
Cherry and Peter Nathaniel 105: Oberon, j.. G.
Glen and Quaint, 1902; Miss Dodger. Hand Bag
and Sarsanarflla. 100.
Sixth race mile and sixteenth, selling
McwilIams Allan, Water Pansy and Prince Salm
Saim los: Stonewall and Lemon Girl. 1O7; Light
Note and Fred Hornbeck. 1895: King of the Valley
and Don't Ask Ne, 104 Plautus Imboden and
Doclle 1903; Brilliant, IS: Security Belle, 98.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-25
Marshal Ney Wins at oaklawn.

HOT SPRINGS. Ark. March 24--Mar-
shall Ney, showing q remarkable reversal
of form, won the feature OF today's card
at Oaklawn. Chinn and Forsythe I'M
earthed a good colt in Rio Grande. which
faced the barrier for the first time today
and won In gaiiop. Weather cloudy;
track fast.
First race, six furlongs-Fra Fiiiipo. ioi teal
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-25

Most of Hopes work In practice for this
match has been rather wide. He says that
The Montgomery advertiser., 1906-04-06
admissible as proving plaintiffs evic.

admissible as proving plaintiffs evic- tion
 4.-Same.-where 1t was shown that the person who notified plaintiff to keep off the premises had no authority from defendant to give the notice, the evidence was inadmissible.
 Same: Instructions.-Where in an action for building machines for de- fendant under contract of employment, the evidence failed to show that the work was completed, or the defendant accepted the same in its unfinished state., or the value thereof, an instruc- tion authorizing a verdict for the rea- sonable value of the wort. if defendant accepted and used the machines, though the work was not done according to contract was erroneous
 6.-Same; Action on; Instructions An instruction, in an action on a con tract, that before plaintiff could re- cover he must show that he had a con- tract with defendant. and if the con- tract was made by third person. per- sonally defendant was not liable. though it used the product of the work done by plaintiff under the contract. was properly refused, because the fact stated therein was not inconsistent with the fact that defendant was a party to the contract.
 Appeal from Birmingham City Court
 Heard before Hon. Charles A. Senn.
 Reversed. Opinion by Haralson, J.
 Tyson. Dowdell. Denson and Ander- son. JJ.. concur
The Montgomery advertiser., 1906-04-06

debts, and the sellers the surety. so that, the debts having become due and remaining unpaid. the sellers may maintain a bill. as such sureties. to compel the purchasers to pay the debts
 2. Frauds; statutes of; partnership lands.-Partnership lands are regard ed as personality in equity and for partnership purposes, as regards the statutes of frauds.
 3. Same; part performance.-A con tract of sale of several parcels of land is not within the statute of frauds where any one of the parcels has been taken into possession by the purchaser and a part of the purchase money paid, as the taking possession of one of the parcels is equivalent to taking pos session of them all
 4. Partnership; sale; action against purchasers; necessary parties.-F. sold his interest and that of W. In part nership business: W. ratifi;d the ac- tion of F. and looks to F. for his share of the proceeds; Held, w. is not a necessary rarty to bill to compel the purchasers to pay the debts of the firm according to contract.
 Appeal from Montgomery City Court
 Heard before Hon. A D. Sayre.
 Affirmed Opinion by Haralson, J.
 Tyson, Anderson and Denson, JJ., concur.
 Rehearing denied Jan. g, 1906.
The Montgomery advertiser., 1906-04-06
Thousands Die of 1t Every Year.

Kidney disease is the enemy we have most to fear as a result of the feverish restlessness of modern civilization. It is treacherous enemy, working out its deadly effect under cover of the most triaing symptoms. The first indication of changes in the urine, frequent head aches, digestive troubles, should be the signal for prompt remedial measures. Prickly Ash Bitters is a kidney remedy of the greatest merit; it is soothing. healing and strengthening, quickly re. lieves the aching or soreness that always appears in advanced stages, checks the progress of the disease and through its excellent cleansing and regulating effect in the stomach, liver and bowels, 1t brings back the strength and ruddy glow of vigorous health.
 Accept no substitute. Insist on having
 the genuine Prickly Ash Bitters with the
 large figure in red on the front label
 Sold Everywhere, Price sl.OO per bOttia
The Montgomery advertiser., 1906-04-06
CHILDREN
If You Have Any filling Ones This
 Will Interest You.

We see so many little boys and girls about town who are weak, thin- legged and hollow-cheeked, said MT Fowler. our well known druggist. it seems a shame to allow them 10 re- main so for they will grow up into weak. sickly and nervous men and women. without the vitality to work or enjoy life.
 If. continued MT. Fowler the fath- CTS and mothers of such children would believe what we say of Ninol. we would see a great difference in the appearance of the younger generation of this city, You know Vinol is not patent medicine and is just the tonic growing children need. IL will make for them good, healthy flesh sound bone. hard muscle. and rich. red blood.
 True, Vnol is a cod liver oil prep aratiOn. but if does pot contain drop of oil, or any bad tasting feature. It is SO delicious that all children love if, yet it actually does contain all the medicinal curative clements found in fresh cods livers, and is the most wholesome and best medicine for chill dren we ever sold
 Tt is because we know what Ninol will do that we guarantee if it fails 10 make your children we'll rugged and rosy. to refund your money" E. C. Fowler. druggist.
The Montgomery advertiser., 1906-04-06
Head-Notes Qf the Decisions
 Of Alabama Supreme Court

defendants servants or agents were guilty of negligence, they must find for the defendant. is proper in cause charging negligence of the servant or agent.
 f. Same: contributory negligence A charge that if the jury believe from the evidence that the plaintiff was guilty of negligence which contributed proximately in the slightest degree to her injury. they must find for the de- fendant. is proper. in an action where the issue is contributory negligence, vel non.
 ,. Same: alighting from a moving train-A passenger who attempts to alight from a moving train at a. time when a reasonably prudent man simi- larly situated would not attempt it is guilty of contributory negligence.
 $. Same; instructions.-Charges which take from the jury the question of negligence by the defendants ser wants. and charges which hypothesize defendants negligence upon plaintiff S belief. instead of the belief of req . onably prudent person under similar circumstances. are bad and properly refused.
 Appeal from Jefferson Circuit Court.
 Heard before the Hon. A. A. Cole man.
 Affirmed. Opinion by Haralson. J.
 Tyson, Simpson and Anderson, JJ., concur.
The Montgomery advertiser., 1906-04-06
BRASHER V. SHELBY IRON COM
 PANY.

Tresspass for Cutting Trees-(Decided
 Feb s. 1906)-(40 So. Rep. S0).
 1-Trespass; Cutting Trees: Owner ship.-In the absence of a showing that there is a separate estate in the land and in the trees growing thereon, the owner of the land is the owner of the trees thereon. under sections 413T and 4138 of Code.
 2-Adverse Possession; Notice; Stat utes.-One who went upon land without color of title or bona fide claim of in- heritance or purchase, and had not held the same adversely for ten years be- fore the enactment of the Statute of February, 1893. Code 1896, sections 1541- 1546, cannot be said to hold adverse ly unless he shows a compliance with the statute as to the filing and record of his declaration to so claim.
 3.-Trespass; Title: Adverse Pos session: Statutes.-The defendant hay ing shown a paper title to the lands upon which the trees were growing. and the plaintiff failing to show adverse possession under the statutes. sections 1541-1546. of Code of 1896, and under the facts of this case the burden being on him to show a compliance with
The Montgomery advertiser., 1906-04-06
COMMISSIONER COURT OF BLoUNT
 COUNTY V. JOHNSON. ton. (Decided Jan g. 19O6) (39

COMMISSIONERS COURT OF BLOUNT
 COUNTY V. JOHNSON.
 tion. Decided Jan. 9, 19o6) (S9
 So. Rep. 910)
 l. Animals; Stock Law Election; Validity.-The county of Blount having a local stock law which was not re- pealed by the general stock law (Acts 1903. p. 431), and as to some provisions, both laws having a field of operation, an election held under the provisions of the general stock law for a district described by metes and bounds and not stated to be an entire precinct, is void.
 ?. Courts; Commissioners Courts; Jurisdiction.-The courts of county com missioners, in the exercise of statutory powers. are courts of limited jurisdic- ton, and the records must afirmatively show the existence of all the facts nee essary to give jurisdiction; and where the petition for a stock law election describes the portion of the county by metes and bounds and the records no where show that the said portion was an entire precinct, the court of county commissioners is without Jurisdiction to entertain the petition.
 g. Certiorari; Review of Void Flee tion.-Althugh the statute authorizes a contest of an election for a stock law, certiorari is the proper remedy 10 re- view the action of the court establish ing d stock law district under a void election: there being nothing to contest if the election is void.
 4 Same; Interest of Parties.-Resi dent electors and land owners of q dis trlct affected by a void stock law cleo tion have sufficient interest therein to be entitled to apply for a writ of cer- zorari to review the proceedings.
 Appeal from Blount Circuit Court.
 Heard before W. W. Haralson.
 Affirmed Opinion by Anderson, ].
 Tyson. Dowell and Simpson. JJ., con
The Montgomery advertiser., 1906-04-06
RLFnSOE vs. JONES.

tDecided January 31. 1sO6)-(4o Rep.
 Rep. l1tt
 | Equity Final Decree; Dismissal Of Bill.-A dccrce sustaining a demur- Ter to bill and allowing thirty days for amendment. is not final decree of dismissal. but requires an additional order to effe 'uate a complete dismiss al
 pepoSitors Parties not Qualified tc Take-AU Attorney. a member of d firm Of attorneys whose connection with 8 C4us" has not fully terminated. is not prop: party to take interro- gatori"s ir <4,h a suit
 g. Deposl'sons. Disqualification of Commissioner. Waiver.-UnlesS it is shown by rhN sverments and proof that the movant knew that the commission CT 10 take The depositions was one and the same person with the attorney whose tirm WIS interested in the cause at the time of the appointment and his acceptance of the commissioner, his
The Montgomery advertiser., 1906-04-06
ADAMS Y. THE STATE.

Decided Jan. II, 1906)-(40 So. Rep.
 S5)
 1-Appeal: Bill of Exceptions.-A bill of exceptions signed after the com mencement of the term next after that at which the case was tried, although signed under an agreement of counsel also made after the commencement of said next term. will not be considered Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene
 Affirmed. Opinion by Simpson. J.
 Tyson, Dowdell and Anderson. JJ., concur.
The Montgomery advertiser., 1906-04-06

these statutes he failed to make out his title to the trees. and therefore he could not recover under sections 4l37-413s, Code of 1896.
 Appeal from Shelby Circuit Court.
 Heard before Hon. John Pelham.
 Affirmed. Opinion by Anderson, J.
 Haralson. Dowdell and Denson, JJ.. concur.
The Montgomery advertiser., 1906-04-06

The scarcity of labor in New Zeal and is such that the colony has asked its high commission in London to find and send out 4,000 laborers for the construction of a new railway in the North island. Three years work is guaranteed. and inducements will be offered them to remain permanently. There is also great demand for agri- cultural laborers in Western Austra- lia.
The Montgomery advertiser., 1906-04-06

I. & N. R. R. CO, V. QUINN. c. Action for damages for failure to car
 ry messenger to destination. De-
 cided December 21, 1905. (3S So.
 Rep. 756.)
 i. Carriers; passengers; breach of contract: evidence-Evidence that the engine went to a water tank near sta- tinn ta which plaintiffs ticket entitled plaintiff to 20, is not admissible as hsowinR whether or not 1t was dan gcrous for the train to go to such station, the plaintiff having the right to transportation, irrespective of where the engine went
 9 Witnesses; cross examination; inn material matters; impeachment-lf one party draws from his witness irrele- want matter, the other party IS enti- tied to cross examine the witness as to such irrelevant matter. but no ques- tion as to such immaterial matter can be asked as a predicate to impeach "a witness.
 3. Carriers; passenger; breach or contract; vaiance,-Where the wrong complained of was causing plaintln t. get of the train before reaching the station called for by his ticket. and the proof showed that he was wrong fully put off. before reaching such sta- ton, this was not fatal variance. the plaintiff being entitled to nominal damages. at least.
 Appeal from Bibb Circuit Court.
 Heard before Hon. B. M. Miller.
 Reversed and remanded. Opinion by Simpson. J.
 Tyson, Anderson and Denson, JJ., concur. :.-.
The Montgomery advertiser., 1906-04-06
BAD HEALTH.

Worry, 0verwork, Nasty Eating, Ex- cessiys Use of Liquors, Loss of Sleep, Neglect of Natures
 Calls. These Bring on the
 Deadly Bright's Disease.
The Montgomery advertiser., 1906-04-06
rrN1oN FOUNDRY AND MACHINE ',e A NK EORn

COMPANY V. LANKFoRD. fpecided Dec. 2l, 1905.)-(S9 So. Rep.
 765).
 1-Evidence-Best and Secondary Where, in an action on contract the complaint did not allege and the proof did not show that 1t was in writing, question asked plaintiff with reference to tho person with whom he made the contract was not open to the objec- ton that the contract was the best evidence.
 2.-Appeal; Admission of Evidence; Harmless Error.-The error in permit ting a witnes in an action on a contract to state that he knew of contract heinz made between plaintiff and de- fcndant. while the contract was made between plaintiff and a third person. was harmless, where the contract was subsequently, given in evidence with out objecti tion.
 S,-Contracts; Action: Evidence Where. in an action on contract for the building for defendant of certain ma chimes. the complaint alleged that plaintiff was evicted from defendants premises. and the answer denied the allegation, evidence that plaintiff was notified to keep of the premises was
The Montgomery advertiser., 1906-04-06
HILLS ct al. V. FoLMER.

TILIIS ot aI v. FULMEK.
 Bill by surety 10 Compel Principal 10
 Pay Debt in Exoneration of the
 Suretyshlp. (Decided New. Fl.
 19O5l '39 So. Rep. 913O
 Partnership: sale of interest liability inter sese.-Where partners sell their interest in the firm ~to the partner and a stranger, and the purchasers agree, as part of the consideration, 10 pay the partnership debts, inter sese the purchaser be- comes the principal debtor as to such
The Montgomery advertiser., 1906-04-06
ALABAMA JAIL AND BRIDGE COM
 PANY vs MARION COUNTY.

ALABAMA JAIL AND BRIDGE COM
 PANY. vs. MARION COUNTY. Decided December 21. 1SO5.)-(40 So
 Rep. 100)
 l. Appeal; Pleading; Demurrers: Re- View.-Where the judgment entry shows a joinder of issue and a finding of jury, although it further appears that plaintiff declined to plead over. IL will be assumed on appeal that issue was joined on the pleas. and the cause tried by the jury, so that plaintiff is entitled to have this court review all the rulings of the trial court on its de- murrers and replications. when prop erly shown Of record.
 9 Contracts; Breach: Pleadings.- Pleas alleging a breach of a contract of building. and which allege, among oth- CT things. that the buildings erected was smaller than the contract provided, are fatally defective in failing to allege the size of the building contemplated by the contract. or the plans and speci- fcations therein provided
 3. Payment: Pleading.-A plea which ayers the payment of the contract price of building. and seeks to defend against suit based upon extra work done by avering that said work was included in the contract price, cannot be sustained as a plea of payment.
 Appeal from Marion Circuit Court.
 Reversed before Hon. E. B. Almon.
 Heard before Hon E. B. AlmOn.
 Reversed and Rcmanded. Opinion by Anderson, J
 All the justices concur.
 "Renearing denied January 30, 1906.
The Montgomery advertiser., 1906-04-06
SWEET V. BIRMINGHAM RY. .ANr
 ELECTRIC co.

M Ell
 ELECTRIC co. Action for Person Injuries. Decided
 December 21, 1905. (39 So. Rep.
 767.)
 1. Carriers: injury to passengers: contributory negligence.-The act of slowing up a train for station is not in itself an invitation to the passen- ger to alight while the train is still in motion, or an invitation for a pas senger to place himself in position of peril
 ?. Trial instructions; affirmative charge-The general affirmative charge. with hypothesis. is properly given as to counts charging wanton- ness on the part of defendants ser wants where the evidence fails to show any wantonness.
 g. Carriers; passengers; actions; instructions.-A charge that unless the jury believe from the evidence that
The Montgomery advertiser., 1906-04-06
All Run Down

In the spring-that is the condition of thousands whose systems have not thrown of the impurities accumulated during the winter - blood humors that are now causing pimples, boils and other eruptions, loss of appetite, bilious turns, indigestion, and other stomach troubles, dull headaches and weak, tired, languid feelings.
 Hoods Sarsaparilla removes all these humors, cures all these troubles; reno- yates, strengthens and tones the whole system. This is the testimony of thou sands annually.
 Accept no substitute for
The Montgomery advertiser., 1906-04-06
New ZeaIand,s Labor F.m,,s.

Daybreak Fertilizers. land and labor -big crops. Marks & Gayle.
The Montgomery advertiser., 1906-04-06

PEACH. ASSIGNEE vs. GRUBBS. tDecided December 21, 1s05)-(+0 So.
 Rep. l1r.b
 | Banks and Banking; Deposits The wife is not bound by any agree ment made hy the husband, in her ab- sence. with respect of money belonging to her, where the same was deposited by the husband under an agreement with the cashier that the husbands ac- count was to he credited with it later Appeal from Barbour Chancery Court. Heard befpr. Hon. W. L. Parks
 Affirmed opinion by Simpson. J.
 'Rehearing denIed January 30, 1905.
The Montgomery advertiser., 1906-04-06
SpssIaI Aiirasiions in Ready. y.to.wsar


 WHITE LINGERIE DRESsES-trimmed very prettily with embroidered yok round thread val lace insertion and tiny uck waist back short sleeves finished ace skirt has embroidery yoke tucked rmmed special .$750
 WHITE LINEN PONY COAT SUITS, trimmed with strapped of material collar of light blue three quarter eeves circular skirt trimmed with folds around the bottom special price for Friday. =. :. .$598
 WHITE LINEN ETON sUIT-Made with folds around jacket pped with bue tucked the shoulders three quarter sleeves, deep gde is with this coat made full circular style with folds around the bottom; special ....7.... ........ ...... .... ..... .$650
 WHITE BRILLIANTINE WALKING SKIRT made in the full Aared style with double box ps down the front and back; very pretty skirt; specially priced $650
 WHITE BRILLIANTINE SKIRT made in the new ff- gored Aared style with folds around the bottom This skirt ordinarily would be sold $OO sale price Friday $750
 WHITE BRILLIANTINE SKIRTS made in the full cir cular style with box ped panels down the front back and de folds around the bottom good vaue sale price Friday. ......... ...... .. .$7.50
 WHITE ENGLISH SERGE SKIRTS made of the best quality material made with plated panel down the front and back hips sale price Friday. $7.98
 WHITE BRILLIANTINE SKIRTS with assorted col ored pin striped checks decided novelty very servceabe made circular style with panel of plais and trimmed with folds; sale price Frday ..... coco. ..$7.98
The Montgomery advertiser., 1906-04-06

lution; Action; Instructions.-In an ac-
 tion by a riparian proprietor for pollu-
 tion of a water course. request to
 charge that if plaintifr's lands had
 been as greatly injured by deposits of
 refuse and deleterious matter prior to specified date, and the waters of the river had been rendered as impure as
 they were at the time suit is brought. plaintiff could not recover, was erron- eous and properly refused. II. Same: permanent Injuries
 Where, in an action by riparian pro- prietor for pollution of a water course. there was no evidenc of loss of crops
 by deposits or overflow. but the evil
 dence was that the land was rendered less productive by reason of such de- posits and that plaintiff was perma- nently injured thereby. it was error for the court to refuse to charge that. if the jury believe from the evidence that the injury to plaintiffs land was permanent, there could be no recovery so far as his lands were concerned in the loss of crops, but only for the per manent injury.
 Appeal from Birmingham City Court. Heard before Hon. c. W. Ferguson. Reversed and remanded. Opinion by Denson. J.
 Tyson. Simpson and Anderson, JJ.. concur.
The Montgomery advertiser., 1906-04-06
At Economy Counter

This section always to the front with such staple bargains that ought make the bargain seekers eye gen with keen enjoyment.
 5000 YARDS CALICOES in pretty patterns either light dark coors These goods cheap 5c for spec ia drive will sell the above of yards for Friday ly at per yard ,..... .......4 4c
 SEA IsLAND-Always a useful article where there is famy- goes of sye but prices sometimes mighty hgh 1000 yards sale Friday at the yard. 4c
The Montgomery advertiser., 1906-04-06

TAYLOR V. HUTCHINSON ct al Proceedings to Establish Claim as
 Preferred Claim Under Sec. 250 of
 Constitution. (Decided Nov. 2l,
 19o5) GAO So. Rep. 10s.)
 1. Appeal; necessity of objections in trial court.-The insufficiency of objections to the allowance of a claim must be raised in the trial court. and can not be raised for the first time, on appeal.
 2. Assignment for benefit of credi- tors; allowance of claims; objections Any creditor, whether preferred or not, nay object to the allowance Of a claim against the insolent estate, un- dar Sec. 4164 ofcode.
 3. Constitutional law: self execut- ing provisions; preferences.-Section 25O of Constitution of 1901, giving preference to olders of bank notes and depositors without interest, is complete and self-ex ecuting, needing no legislative enactment to put it in operation.
 4. Banks and banking; insolvency; preferences-The holder of a certifi- cate of deposit payable at a certain fixed date with interest is not de- positor within the meaning of Sec. 25O of Constitution 1901, so as to have any preference ovef other creditors.
 Appeal from Chancery Court, Lee County.
 side.
 Afirmed. Opinion by Dowdell. J.
 Haralson, Anderson and Denson, JJ. concur.
 Rehearing denied January 30, 1906.
The Montgomery advertiser., 1906-04-06
Hoods SarsapariIIa

Insist on having Hoods. Get it today. In liquid or tablet form. 100 Doses $1.