davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-10-11
SOUTHERN RY. co. v. HALL.


Bill to Quiet Title. (Decied April %.
1906. Al So. Rep 1859
l. Quieting Title; Pleadings; BILL
bill to quiet title which alleges that
the complainant is in the peaceable
possession of the land and Is the legal
and equitable owner thereof; that the
defendant claims some right, title. in
and that no suit Is pending to enforce
or test the validity of such claim. Is
sufficient and not subject to demurrer.
2. Same: Evidence: Sufficiency.-- lin
such 6. suit evidence that complainant
Is in the peaceable possession of the
land. and Is the legal owner thereof.
without mora, is sufficient evidence Of
possession
g. Same; Payment OF Taxes.--In a
suit to quiet title evidence of the pay
ment of taxes on the land Is not Of it.
self evidence of possession. but Is ad j.
MISSILE, connected with proof of &C
tual possession. to show the extent OF
such possession.
4. Taxation: Tax Deed; Sufficiency--
A tax deed which fails to recite that
the probate court rendered decree
for the sale of said land is void. in
falling to comply with Section 4056.
Code 1895.
5. Quieting Title; Admissibility Of
Evidence; Possession by Company
Where there Is no evidence of actual
DC secession by the plaintiff of the land.
a void tax deed is inadmssible. for any
purpose.
Appeal from Marion Chaacery
Court.
Heard before Hon. w. H. Simpson.
Reversed and Remanded Opinion by
HARRISON,
Dowdei, Anderson and benson. j..
concur.
The Montgomery advertiser., 1906-10-11
STALLWORTH VS. THE STATE.
Authenticated May 10, 1906. 4

Murder.-tDeclded May III, 1905. Al
So. Req. 184.)
l. Criminal law; continuance; alb
sent Witness showing: discretion
abuse The defendant applied for a
continuance on account of an absent
witness: the court required a show
ing to be made as to what the wit
ness would testify: the state admit
ted that the witness would testify to
such facts II present (subject to le-
gal exceptions). and the court re-
quired the defendant to go to trial;
held not an abuse OF discretion.
2. Same: evidence; identification of
accused; assumed name; heresay.-It
was incompetent to prove that the de-
PENDANTS name was that charged in
the indictment by statement made
to the witness by "A third party that
such was his name, such evidence be-
ing purely heresav.
8. Same: Identity: heresay evil
dence 1t was incompetent to show
by a witness that the negroes on wit
ness place. where deceased, a negro,
lived, were usually called Mcleod"
as tending to show that deceased sur
name was. as alleged in the in
dcltment, Mcleod. and not another
name as claimed by the defendant
A. Homicide; appeal: evidence;
harmless crror.r-Where the facts un-
disputedlv established that deceased
was killed by pistol bullet striking
him in the forehead, If It was error
to allow a witness TO testify that he
heard a pistol fire and that the hole
in deceascd's head was made by a pis-
toll bullet because of Witness not be-
ing an expert, such error was harm
less.
:. Same. previous difficulty; details.
Proof of previous difficulty between
deceased and defendant was properly
limited TO the fact that there was a
difficulty, without allowing proof of
the details,
6 same, evidence; acts of defen-
dant-The fact that defendant left a
certain store and went to the place
wnere the shooting occurred, ani
The Montgomery advertiser., 1906-10-11
PATTERSON v. THE STATE.
Murder decided May s. 1906. Al So


Rep. 1919
l. Criminal Law; Venue; County
Line--Proof that an offense was COM
mitted on an island in tine Tennessee
river a little nearer another county
line than the line of the county IN
which the trial was had Is suftlclent
to support the venue in that county as
IT. was evidently within a quarter OF d
mile OF such county line, giving juris-
diction to such country under sec. 49t2,
Lude 1896.
2 Same: Jurisdiction of Navigahle
Waters.-The court trying the cause
had jurisdiction thereof by virtue, also
of Section 400. Code of 1896, giving
jurisdiction over navigable streams.
not within the boundaries of any coun-
ty. to either county whose jurisdiction
extends to the margin of such streams
g. Homicide. Evidence: Marteriality
=. Where the evidence tended to show
that deceased brandished an axe at de-
PENDENT and stated that he would split
defendants head, 1T was competent
and material to show that the defend
ant saw She axe at the mill on the
morning OF the homicide. as tending to
show that he knew the deceased do
not have the axe at the time.
Same: Previous Difficulty.--E vi-
dance of the particulars of a previous
difficulty between deceased and de-
fenQAnt was pIbptilS CA,iouSo'
:. Same; Duty to Retreat.--One may
rot excuse his failure to retreat un
loss the circumstances were such as
that his peril would have been in
creased thereby beyond what 1t would
have been had he stood and defended
himself. or were such as to impress the
mind of "A reasonable man That the
naru wou.d nave been increased, and
the defendant was so impressed
6. Homicide; instructions; Sell De-
Il nse--Entering into dl'nculty- AN
instruction which fails TO hypotheslZe
that the defendant did not willlnslS
enter into the difficulty was pad as
an instruction on self defense
I. Homicide; Instructions charge
failing to hypothesize freedom IRON
fault in bringing on the dithcuity' the
iminence of peril, and defendant IN
ability to retreat. is not good as "A
charge on self, defense.
s. Criminal Law; Instructions Gov
cred by Other instructions is not
error to refuse a requested instruction
substantially covered by written in
structions already given.
9. Same. argumentative instructions
1t is not error to refuse charges
which that no legal proposition but
are merely argumentive.
The Montgomery advertiser., 1906-10-11
MOOG v. THE STATE.

Soliciting Orders for Sale of Liquors
in Prohibited Territory .-(Decided
May 9th, 1906. Al So. Rep, 1919
1. Commerce; regulation: intoxlcat-
ing liquors: Wilson act: application
Where a travelling salesman takes or
ders for the sale of liquors to be
transported unto the State from an
other State. prior to the completion Of
the transportation. the act of Con-
gress of August Sth, 1890, c. 72s, 26
Stat. 313 (U. s. Comp. Statutes. 1901.
D. BID has no application to any part
of the transaction.
.. Same: State law; interstate COM
merce: regulations.-In so far as Sec
5OS7. Code 1895 purports to apply to
residents of other States soliciting or
ders, in prohibited territory, for IL
quors to be transported from another
state into this State. 1t is in violation
of the commerce clause of the Federal
Constitution.
Appeal from Monroe Circuit Court.
Heard before Hon. John r. Lakeland.
Reversed and rendered Opinion by
Simpson, J.
Weakley. c. j., Tyson and Anderson,
j., concur.
The Montgomery advertiser., 1906-10-11
dixie v rlIE STATE.
Selling Liquor Without License. De
cided May 9Th. 1906 Al SO. Rel


cided May 9Th 1906 Al so. Ref
100.
!. Intoxicating liquors; sab; evil
dence-EvidenCc that der udaht SOM
liquor, receiving in l"tymthi OF
two metal ,'ommisslrN checks, good Tor
Z. cents each at the &c nipdnY comms-
sary store. is competent, ana S"flcl'h
to constitute sale.
2. Criminal law; argument at r""h-
sel.-Where there is n" evidence as I"
mo was the informant IL was mn .
proper for counsel TO 1llude TO "a" tact
that the statute gave tne Informant
half the fine and that Tn" jury must
consider this when weighing the ties
timony Of B.. a witness, and Objection
to IL was properly sustained.
Appeal from Clarke Circuit Court
Heard before Hon. John + Lakeland.
Alarmed Opinion by Simpson, j
Weakley. c. j.. Tyson and Anderson
~. concur.
The Montgomery advertiser., 1906-10-11

PATTERSON ct al. V. CARTER, ct al.
Bill to Annul Judgment At Law AM
Revoke Letters of Administra =
tion-(Decided April rs, 19O6.-ll
So. Rep 1889.
/. Judgment; equitable relief; parties
of Judgment against the administra-
tor, where such Judgment was ohtalf"
through collision with the administr+
tor. or GU account of failure on MS
part to use due diligence to defend the
ection. unless the Judgment was FOR a
valid and subsisting claim.
q Executors and administrators
claims against estate The presnmp-
ton is that one rendering service to
dccedent. who stood In loco PARENTS TO
Ter. does so without the expectation
of receiving payment therefore. but thu
presumption may be overcome by eVi-
dence showing contrary intent between
the parties.
3. witnesses; competency; transac-
ton with deccdent.-In an action
against. an administrator seeking
recover against such for 9llcged ser
vices rendered decedent In life, plain
tiff was Incompetent, undor section
1924, Code. 1896. to give testimony CON
corning transactions with or services
rendered to decedent. j.
l. Executors and administrators
claims against estate; evidence. SUI =
ficiency.-In an action for services
rendered decedeht by member OF her
ia mily. the fact that dcc"dcnt said that
she wished plaintiff to have certain
property after decetent's death. did n"t
tend to show liability for such ser
vices.
Appeal from Mars shall Chanrcry
Court
Heard before Hon. w II simpson,
Reversed and rendered. opinion ~
Anderson, J.
Haralson, Dowdell and benson. ID.
concur
The Montgomery advertiser., 1906-10-11

cabs Of the buyer at It's furnaces, such
contract 10 complete and cannot bs
varied or explained by proof Of Gus
tom or usage.
.. Sales: construction; quality: as
certainment.-Under . contract by
which the seller Of coal agreed to de-
liver It by wagons to the buyers fur
races. and the buyer agreed to pay
certain sum per bushel Of 274S cubic
riches to be measured in the cab 1T
tho buyers furnaces. and under this
contract the buyer received the coal
at its shed IS or 100 yards from lis
furnaces. measuring II and receipt;ng
for 1t at such sheds: tine place OF de-
livery or receipt was the place OF
measurement TO ascertain the qual't"
Of coal. and not the furnace to whic''
the coal was transported by means %
the cabs into which II was loaded ct
the shed.
Appeal from Shelby Circuit Court.
Heart before Hon. John Pelham.
Affirmed. Opinion by Simpson. J.
Tyson. Anderson ard benson. il,
concur.
The Montgomery advertiser., 1906-10-11
CLANCY v. THE STATE.
Selling LIQUORS Without License


decided May 18TH. 1906. II So.
Rep. 172D
1. Statutes: partial invalidity: In
toxicating liquors.-The fact that an
act contains provisions not expressed
in its title. such as tnat fines under
II shall be paid in lawful money and
half the fine to go to the informant.
does not render the whole act uncon-
stitutional. and where such provision
may be eliminated and leave the act
complete enactment. the court VIII so
declare. The act (Acrs 1sSo-s1, p.
100 is, therefore, good.
? same: title Of act. subject Of
act.-The fact that the act tActs 1sSo-
81, p. 100 prohibits the manufacture
and sale or disposition OF Intoxicating
liouors does not render 1t invalid as
containing separate ana independent
subjects.
Heard before Hon. John c. Ander-
son.
Anirmed. Opinion by Tyson. J.
Dowdell, Simpson and benson. JJ.'
concur.
The Montgomery advertiser., 1906-10-11

what occurred between ueceaseu anu
defendant there, at and just before
the time OF the killing, IL competent
testimony.
Z. Same: degrees: conviction Of
lower degree; effect.--A conviction OF
murder in the second degree operates
as an acquittal as to the higher
degree. but it ought to be pleaded
4 Same: provoking dimcuity; sell
defense-Where defendants testimo-
ny showed his willingness to engage
in the combat, and his replies to de.
ceased Just before the shooting were
such as to provoke deceased to ad-
vance and precipitate the apparent
necessity to take his life. defendant
~cannot invoke self-defense.
g. Criminal law; direction of ver-
dict; evldencc.-whether the deceas-
eds name was as alleged In the in
dictment or not. under the evidence
here, was IA question for the jury. and
the affirmative charge for the defen-
dant was properly refused.
II. Same; name of deceased; in
structions.--The burden is On the
State to show by evidence beyond
rea sonable doubt that deceaseds name
was as charged in the Indictment, and
charge so stating was improperly
refused.
Appeal from Monroe Circuit Court.
Heard before Hon. C. j. Torrey.
Special Judge.
Anirmed Opinion by Tyson. J.
Simpson. Anderson and benson. j..
concur.
UNTREINoR v. THE STATE.
Selling Liquor without License.-(De-
cided May 10, 1905. II So. Rep.
1. Criminal law: evidence; other
cfYenses.-Where the evidence for the
"a only afforded Inference that
the beIr purchased by witness was the
property of the defendant, and that
the sale was made by her. H. was COM
petent to show other sales made by
defendant to show ownership OF the
beer in defendant aid authority from
her to sell. notwithstanding such 9TH
ar sales constituted separate onenses
2. Indictment; election as to
counts: violating liquor law.-Where
the first count charges the sale or
liquors without license. and the sec
ond charges sales In quantities less
than Il quart without license, and the
third charges a sale of liquors which
without license. the prosecution had
the right to INTRODUCES testimony in
support of each count, and convic-
ticn may be had on eacn count; ana
| the doctrine OF election by the state
does not apply until tnere has been
| an election under each separate count.
| 3. Statutes: partial invalidity; SAFE
Of liouor.-The fact tnat the prohibit
ton acts (Acts 1ss0-s1. y. 16s. and
Acts 1ss4-5, p. 601) contain provisI
ions relative to keeping liquors for
sale and intoxicating bitters. which
subjects are not expressed In their
titles, does not affect the validity OF
their remaining provisions.
Appeal from Monroe circuit Court
| Heard before Hon. John T. Lack
land.
| Alarmed. Opinion by Tyson. ].
| Weakley, C. j.. Simpson and Ander-
son u, concur.
The Montgomery advertiser., 1906-10-11
Texas in Good Financial shape.

The state of Texas has bond,l dent
OF nearly $4,000. 900, but less than Sl0N,-
600 of the bonds is held outside the
state. Nearly all the bonds that have
The Montgomery advertiser., 1906-10-11

boon issued by tht State are now de-
posted in the vaults of the state
Treasury to the credit OF the various
special funds. mainly the school fund.
and in a few snore years with good
financial admin stration Texas will noe
owe n dollar to anyone but herself
The Montgomery advertiser., 1906-10-11
FRYER v. THE STATE.

FRYER v. THE STATE.
Observation-Disclosures May 10. 1905. Al
So. Rep. 10y
Grand Jury; power to order: ad-
journed term-Where the order call
ing for the organization Of the grand
jury that returned inc Indictment
shows that II was made under Sec
ton 600I. such organization was in
valid when made at an adjourned
term and not at a special term. as
Section 60O1 refers to special terms
and Section 5000 refers to the organi-
cation of second grand jury at the
same term; and an indictment found
by such a grand jury was invalid.
Appeal from Monroe Circuit Court.
Heard before Hon. John T. Lack
land.
Reversed and remanded. Opinion
by Tyson, ].
weakley, c. j.. Simpson and Ander-
son, u, concur.
The Montgomery advertiser., 1906-10-11
CRAwLEY v. THE STATE.
VaerancS. decided May 10, 1906, 4

VagrdnCy VDeVIuNU 4HtfJ f"' f"V0'
So. Rep, 175)
Vagrancy; Elements of Offense; De-
sertion by Husband; Statutes; Retrac-
tive Operation Gen. Acts 1903, p. -
does not apply where the husband lett
hts wife and children before its pas
sage. although he remained away from
them after that time.
Appeal from Jefferson Criminal
Court.
Reversed and Remanded. Opinion by
Tyson j.
Anderson and benson. j., concur
Weakley, c. ]. HARRISON and Dowdell.
concur i'm the conclusion reached with
out being committed to the reasoning.
The Montgomery advertiser., 1906-10-11

Broken Reflections.
You never miss the water till the
bathing season is over
The Montgomery advertiser., 1906-10-11
SHELBY IRON CO. V. Dl'PREE.

SHELBY IRON CD V. DI'PREE.
Breach of Contract.-(Decided May II,
1306.--41 So. Rep 1922.
l. Evidence; parol evidence to vary
written contract; contract of sale
When the contract requires that tho
seller deliver coal by wagons to the
buyers furnaces. and that the ouye.
PAS cubic inches, to be measured in
The Montgomery advertiser., 1906-10-11
WARE v. THE STATE.

WARE '. THE STATE.
Murder.-(Decided May nth. 1906
II So. Rep. 1917
l. Homicide: trial: instructions: de-
grees.-Where 1t appeors without con
fiict, from the evidence. that the killing
was intentional and not lawful. a
charge as to Involuntary granddaughter
vas abstract and properly refused.
Appeal from Jefferson Criminal Court.
Heard before Hon. s. l.. Weaver.
Amrmed. Opinion by HARRISON. j.
welkiey, c. =. Dowdell and benson.
j., concur.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

j.. G. Herdliska, the jeweler, is one
OF the best bird shots in this part Of
the country. On Wednesday, accom-
panied by his dog Towser, he went
forth to secure a bunch of ducks.
About half mile from town he espied
flock of mallards and fred one shot
into them. Six came down, dropped
into the river, and Towser brought
out every one. That was all Jay
needed for immediate consumption so
he let the rest fly away. Yes, Jay is
a remarkable shot.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

L. Paulle, Geo. Scherer and S. NJ.
Nicely, with their wives, arrived here
on Saturday evening from Minneapo-
lis for a partridge hunt Together
with Mr.. and Mrs. VIM. Cordiner and
Magnus Sjoblom they proceeded to
Page and on Sunday the sportsmen
succeeded in killing % partridges.
They say that cartridges are as
plentiful around Page as sparrows in
Princeton.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Expressman Smiths nag on Fri.
day evening performed another of its
acrobatic feats while awaiting the
loading of the wagon attached to; it.
1t made leap into the air in an at.
tempt to catch a sparrow which was
passing within a few feet of lit, and as
a consequence Mr.. Smith, who stood
in the wagon, was precipitated over
the back end and sustained painful
injury to his right shoulder. Luckily,
however, the shoulder was not dislo.
Gated, but Mr.. Smith was obliged to
employ a substitute to perform his
work. Wesley Page is driving the
express wagon.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

The High School Literary society
on Friday afternoon organized and
elected the following officers for the
ensuing term: Vernon Dickey, presi.
dent: Gladys Neumann, vice presi.
dent; Herbert Kaliher, secretary
Samuel Shaw, treasurer. Friday
October 10, is the date upon which the
next meeting of the society will be
held.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11
To BE Sold for Cash.

Pool and billiard table, stoves, pic
lures, show cases, counter, and many
other miscellaneous articles will be
sold for $780,, These goods must be
disposed of at once, as 1 have no
room to store them and need the
building which now contains them.
Apply to Mrs. Martha Douglas,
Princeton. t.s,-, 44-tf
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

VIM. J. Fredrickson and Miss Grace
Hyndman, both of Wyanett, were
married yesterday afternoon at the
home of the bride by Rev. John Rus
sell Henderson of the Princeton Con-
gregational church. The witnesses to
the ceremony were Mrs. Mayme Fred
ricksOn and Johnson Hyndman.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

The Princeton starch factory will
commence operation on October IS,
and will run but a short time. The
management has selected this late
date for the opening of the factory in
order to give the farmers an oppor-
tunity to dig and sort their potatoes.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

A marriage license has been issued
to Archie Chisholm and Ella M. John
son, both of Milo. The marriage
ceremony was performed on Sunday
at the BRIDES home by Rev. W. Fl.
OrrOck.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Fred Burrell has secured a position
with the Union Investment company
at Hawley, and left for that place on
Monday to assume his duties. He
was for some time employed by the
same company at Pennington. Fred
is young man of many good quail
ties
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

The first football game of the sea-
son played in Princeton was pulled off
on Saturday afternoon at the fair
grounds and goodly number Of spec
tators were in attendance, Milaca be-
ing especially we'll represented. The
contest was between the high schools
of Milaca and Princeton and resulted
in the winning out of the latter in a
score of 20 to O.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Rev. Cathcart of the Princeton M.
3. church has been appointed to the
Glencoe passionate and will leave to
assume his work at that place some
time next week. Rev. J. W. Heard of
Foss church, Minneapolis, will succeed
him here.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

AS usual large number of people
gathered in the pavilion at Elk Lake
park on Friday night to participate
in the dance: The music by Ander-
sons orchestra was good and the
evening greatly enjoyed by all. ..
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Nelson, the expert photographer OF
Anoka, attends his branch studio at
Princeton the first and third Saturday
of each and every month. Please bear
this in mind when you wish to have
any Photographic work done. If
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

O. G. Northrup of Kildare, N. D.,
was here on Friday and Saturday and
expected to return with a carload OF
mares for breeding purposes. Mr..
Northrup says he intends to raise
horses On his range at Kildare and
that there is money in the under
taking.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

The high school football team is
putting forth it's best efforts and ma
turing arrangements to play a game
weekly, if possible, but the boys would
feel more highly satisfied we're they
afforded better encouragement in the
shape of larger attendance.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

A new orchestra was organized
here last Thursday. The members
comprising the organization are:
John Stromwell, violin, conductor; c..
Umbehocker, cornet; B. o. Brown,
trombone; Grover Umbehocker, bass;
John Moeger, piano.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

:. We trust you will come in, if only
for a look at our new suits. It will be
hard for anyone to equal our SIS suits
for the money. L. Fryhling, the
clothier and tailor.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Mike Kaliher tells a. story in which
his two sons, Albert and George. land
Jim Dugan were the principals. Mike
says that Jim and the two boys went
out upon the lake in a rowboat, that
Jim stood up in the boat, the boat
turned over and the boys swan
ashore. Jim, however, being unable
to swim, was compelled to remain
standing up to chin in water until the
boys secured another boat and rescued
him. The funniest part of the story is
that hawk passing over the lake was
just about to alight on Jim's head
when the boys arrived and beat it off
with the paddles.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Geo. Rice, Louis Larson, Elmer
Chapman and others we're partridge
hunting on Sunday. They came home
loaded with-stories. Some of them,
however, brought birds to town.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

A dance will be given at Carlson
hall on Saturday evening next. The
usual good music will be furnished by
Peterson's orchestra. Mr.. Carlson
invites you to be there.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

The order of Rebekahs gave dance
and card partyo at their hall last
night. Delicious,r refreshments we're
provided by the ladies and the occa-
sion was an enjoyable one. ~
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1906-10-11

Mesdames M. G. Libby, A. z. Nor
ton and G. O. Moore returned on
Tuesday from the Methodist state con-
vention at Minneapolis. They speak
in high praise of the hospitality &C
corded them while away.