davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-03-20
SIMMONS V. SHARPE, ct al. ,factnoanf -fnacfded Nnvannbar

EJ6clmSuL --tO5Ct0eu NOVempeE Sts
 1906. 42 So. Rep, 441.)
 1. Execution; form of writ; descrip- ton of parties.---In this action plaint- if relied on a sheriff's deed made on execution of sale. and the execution recited the names of the plaintiffs as CA s. and Son." conforming to the caption of the Judgment upon which 1t was issued. The complaint in the action showed that it was brought in the name of A. Y. g. and G. G. s., partners, etc. Held, the execution was not void. and the complaint could be consulted for the purpose of identify ing the plaintiffs, both as to the judg- ment and the execution.
 Same; cost ill.-The execution was not invalid on the ground that the costs were not itemized as required by Section 1883, Code of 1896, becatise the cost bill upon the execution stated "orders of court. thirty cents," 1t be- ing obvious that the word "order" was intended as required by Section 1872. Code 1896.
 3. Ejectment: judgment-Plalntiff relied on sheriff's deed made on exe- cution sale. one of the defendants was the defendant in execution, and the other defendant were mortgages, who acquired their right hereunder to sep arate parcels of the land, no one of them claiming title to the whole. All the defendants entered a joint plea of not guilty. Held, that a judgment against all the defendants was proper, since, if the mortgages desired to
The Montgomery advertiser., 1907-03-20
BRADFORD vs. THE sTATE.

Gaming. (Decided June S0th. 1906.--
 q So. Rep. 1024)
 1. Criminal law: appeal; review; finding by court.-Although the act con- ferrlng on the County Court of Law renee Countq, Jurisdiction of misde- meanor does not authorize this court to review the conclusions of the judge on the evidence in cases tried without jury, where there is no conflict in the evidence. the action of the court in applying the law to the facts will he reviewed
 2. Gaming: prosecutions: burden of proof.@=In prosecution for betting at game of csPds in a public place, 1t ia on the State to show beyond Q reason able doubt that the place was a public one. ~
 g. Witnesses: cross examination: knowledge of witness-Witnesse hay ing testified that they did not think tM placo where the game was played
The Montgomery advertiser., 1907-03-20
ROGERS v. KEITH. EFT AL. iec ctmenf (nacided Nnr,nr,n hnr

EJeclmenC. (Declded November 15
 1908. 42 So. Rep. 446)
 1. Ejectment; evidence; receipt for purchase money.-Where the plaintiff claimed under purchase from the State, receipt for the purchase money from the State Treasury was adnlissi- ble as tending to show that p1aintffrs possession was under bona fide claim of purchase. and not that of a bare trespasser. nor in subordiantion to the claim of someone else.
 2 Same; color of title: defective deed.--A deed is admissible to show color of title, where there is parol proof, admissible of itself, showing the possession of land under a claim of purchase, and the deed, when taken in4 connection with such proof, defines with certainty the extent and bound ary; although the deed is void and fn- admissible for failing to show the re- lation of the land to a base line and meridian. where there was more than one section, township ana range of the numbers given in the same County, when offered as imminent of title and not rendered certain by other descrfp- tive matter therein
 8. Same; ta& title; effect of deed founded on erroneous assessment.--A deed from the State Auditor, based on purchase at tax sale founded on an assessment of the property as the property of one who had neither the title to the land nor claimed to have. but acted solely gas the agent of the other, was inadmissible as evidence of title.
 {. Same; right of action; prior pos session.-one in prior possession of land, or exercising ownership thereof, may main tain eJectment uponshat fact alone against one afterwards found in possession, unless the latter shows paramount title in himself or in some other person.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Affirmed. Opinion by Haralson, J.
 WealSley. c. J., Dowdell and Den son, JJ., concur.
The Montgomery advertiser., 1907-03-20

YARBRoUGH, ct al, vs THORNTON Bnl to Restrain Sale of Land Under
 Mortgage. (Decided July 6th'
 190G.-42 So. Rep. 402.)
 1. Equity: vendor and purehaser' failure of title; equitable relief.-- Equity is without power to grant relief on account of a defect in the title, where the land Is sold and conveyed with the express convenants of war ranty. unless the vendor Is insolventi but if there is a fraud or failure or title and the vendor is insolvent, equity will grant relief whether the pur- chaser is in possession or not.
 g, Mortgages; foreclosure; sale; va cation.-AAt the time of the sale of Q large tract of land. 1t was agreed In writing that if the vendor had no sufii- cient title to a part Of the land. the price should be abated as to this land. which should be credited on the mort gage given to secure the purchase
The Montgomery advertiser., 1907-03-20
GRAHAM vs. CITY or ruscuMBIAt

Mandamus to Compel Levy of Tax to
 Pay Judgment (Decided July 9th,
 190e.--42 So. Rep. 400.)
 1. Mandamus: municipal corpora tion; Judgment; levy of taxes; remedy of judgment creditor.-One who has re- covered Judgment against 8 city aus thorized to levy tax to. pay a debt. has execution issued thereon, which is returned nulla bona and who demands payment from ths1proper ofiiceFsa whiaiS revenue of the city, Is no more than suf1ioient to meet the expenses there- of may by mandamus compel the 1evy- ing of tax to pay the judgment.
 2. Municipal corporations; creation of indebtedness; bonds; renewal of bonds: effet.---Acts 1STf-72, D. SIS, au- thorized the city to snbscFfbe to the capital stock of a domestic corpora tion, and provides that the amount Of subscription may be raised by taxa
The Montgomery advertiser., 1907-03-20

new matter; effect.--On motion to dis solve the injunction, new matter not responsive to the allegations of the bill cannot be considered.
 g. Same; terms of dissoiution--It was proper to have dissolved the in- function on the city's making a cash deposit and executing a bond to cover probable damages to be ascertained on reference. in suit by the owner of abutting property for an injunction to restrain change of the grade without having made compensation therefor.
 g. Appeal; decisions reviewable: equity: decree overruling plea to bill-- The judgment of this court may be had upon the sufficiency of defense inter- posed by plea in advance of the taking of evidence or a hearing on the merits, under Section APT. Code 1896.
 q Euity; setting plea for hearing; effect-The setting down of plea to a ,biil for hearing on its sufficieney is a-s adrnissio nof the truth of all the facts alleged for the purpose of Invoking judgment as to whether the facts con- sfitute a defense.
 8. Same; pleas; necessity of verihca- tion--In the absence of any rule or statute requiring 1t, pleas to a bill in Chancery need not be verified.
 9. Same; dupiicity--A plea is not du- piicitous which does not contain inde- pendent sets of facts, each constituting sufficient defense.
 10. Municipal corporations; chang ing grade of street: damages; waiver. If the owner of property abutting on street has been informed of pro- posed change of grade and thereupon requested the official in charge of the work to proceed with 1t, and the city, acting upon such request, incurred ex- penses in preparing for the change of grade. and commenced the work, the owner was not entitled to an injunct- ion although no compensation has been paid him.
 II. Same: nature of liability; reme- dies of owners--Thef act that tffeve has been no negligence In or about the way in which the work was done in making the change. does not deprive the owner of abutting property of the right to have the street restored to its former condition. where the city undertakes to change the grade without making com pensation to the owner for Injury done the property.
 12 Equity; pleading: bill: sufiicien- cy: dismissal--The allegations. of a bill which Is clearly susceptible to the con+ struction that the right of the com pIainant Is predicated upon the injury to his property Interest in the lot ahut- ting the street, the grade of which is proposed to be changed. and which the bill showed would be substantially in- jured, although susceptible of the con- struction that he based his relief to some extent on his supposed property interest in the street, does not render the bill subject to dismissal for want of equity. the defect being an amend able one.
 Appeal from Morgan Chancery Court.
 Heard before Hon. W. H. Simpson.
 Affirmed in part and in part Revers- ed and Remanded.
 Opinion by Weakley, c. J.
 Tyson. simpson and Anderson, JJ.. concur.
The Montgomery advertiser., 1907-03-20
wln nehnlIa : nnm ,

Austin. Tex. March 1s,--Ths citixens of Austin in a general election today voted to rebuild the Austin dam dess stroyed in 1900 by flood. The rebuilds ing of the dam. it is estimated VIII cost about $2.50O, 900.
The Montgomery advertiser., 1907-03-20

 avail themselves of their superior ti- tie as against this plaintiff to the par ticular parcel of land claimed by each. they should have entered separate dis. chalmers as to the parcels of land not conveyed by their respective mort7 gages. and separate pleas of not guilty to the parcel to which they claimed title, and the defendant in execution. if he claimed title to only a parcel. should have entered his disclaimer as to the balance. his equity of redemption being subject to sale under execu- ton.
 Appeal: harmless error; admis- sion of evidence.-The defendants not being entitled to recover under their pleadings, evidence erroneously admit ted harmless.
 Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland.
 Affirmed. Opinion by Tyson, C.. J.
 Dowdeli. Anderson and Mcclellan, U. concur.
The Montgomery advertiser., 1907-03-20

hereby announce myself a candidate for reelection as Alderman from Ward Two subject to the action of the Democratic primary .
The Montgomery advertiser., 1907-03-20

I hereby announce myself a candidate for Alderman from the city at large subject to the action of the Democratic party.
 w D. PECK.
The Montgomery advertiser., 1907-03-20

hereby anounce myself candidate for Alderman at large. subject to tho action of the Democratic primary
The Montgomery advertiser., 1907-03-20

hereby announce myself candidate for Alderman Large, subject 10 the action of the DemocFatio primary
The Montgomery advertiser., 1907-03-20

hereby announce myself candidate for Alderman of Ward 8. subject to the action VI '"- j. R GRAVES IvEY.
The Montgomery advertiser., 1907-03-20

I herbv anounce myself a candidate fok Alderman at Large. subject to the action of the Democratic primary.
 w. B. JONES.
The Montgomery advertiser., 1907-03-20
FOR ALDERafAN--wARD ONE.

hereby announce myself candidate for reelection as Alderman of Ward one, sub. feet to the action of the Democratic pri- mary c. B. GOING
The Montgomery advertiser., 1907-03-20
LEA. ct al vs IRON BELT MERcAN-
 TILE co.

Bill of Judgment Creditors of Insolyent Corporation To Condemn an Un-
 paid Stock Subscription. (Decided
 July 9th, 1908. 42. So. Rep. 415.)
 l. Corporations; stockholders: lia- btlity for debts; stock issued for fnsuffi- cient consideration.--Whe members of a corporation paid for the stock issued to them by conveying land at an agreed valuation. which was con- siderabiy over-va1ued, a subsequent creditor. who had full knowledge of the fact. cannot compel a stookholder, on the insolvency of the corporation, to pay the differences between the value of the land conveyed by him and the par value of the stock.
 3 Same: officers and agents; knowl- edge of sagents.A-where the agent of a corporation, being the sole manager and almost sole stoekholder of the cor poratton, was, personally interested in transaction with the insolvent corpo- ration. and his transactions with the insolvent corporation was for the joint benefit of himself and his corporation, his knowledge of the fact that the subscriptions to the insolvent corpora- tion stock were paid ia over-yaIued land. was imputable notice to his cor. poration.
 8. same-The rule that the knowl- edge of an agent prior to the crea- ton of the agency is not notice to the principal. does not apply where the : agent was the alter ego of the principal. which he represented, and had absolute dominion over it's af- fairs and was jointly interested with the principal in the transaction.
 sRehearins denied December Sth. 1908.
 Appeal from Calhoun chancery, Court
 Heard before Hon. R. B. Kelly.
 Reversed and Rendered. Opinion by Tyson, !.
 Weakley. C. J., simpson and Denson J.. concur.
The Montgomery advertiser., 1907-03-20

sY hereby announce myself as candidate Sor Alderman from Ward Five. subject to inc action of the Democratic Primary"
 PAUL ROEDER
The Montgomery advertiser., 1907-03-20
O LA RUTH.

I hereby announce myself a candidate for recollection as Alderman from Ward Two, subject to the action of the Democratic primary nIs RuTH
The Montgomery advertiser., 1907-03-20
|ANNOU N(EMENI.Sl Sl
FOR MAYoR.

hereby announce myself candidate for re-election for Mayor of Montgomery, sub- ject to the action of tho Democratic primary.
 w. M. TEAGUH
The Montgomery advertiser., 1907-03-20

I hereby announce myself candidate for Alderman from ward Two, subject to the action of the Democratic Primary.
 H H. HINDS Er
The Montgomery advertiser., 1907-03-20
sAnDERmAN AT LARGE

hereby announce myself a candidate for aldertnan- at-iarge. subject to the action of the democratic primary.
The Montgomery advertiser., 1907-03-20

hereby anounce rnysef candidate for AL Herman from ward 2. subject to the action of the Democratic Primary.
The Montgomery advertiser., 1907-03-20
FOR AIDERsTAN-WARD TWO.

hereby announce myself q candidate for Aiderrnan from ward Two, subject to the action of the Democratic primary.
 w. A. McBRYDE
The Montgomery advertiser., 1907-03-20

hereby announce myself candidate for Alderman of Ward one subject to the action of the democratic primary.
The Montgomery advertiser., 1907-03-20

Reversed and Remanded. opinion by Dowdeu J.
 weakiey, c. J.. Haralson and Denson, JJ., concur.
The Montgomery advertiser., 1907-03-20

T hereby announce myself candidate for .iaarnen from Ward Five, subject to the satton of tho democratic primary.
 ROBT. B. LOWE
The Montgomery advertiser., 1907-03-20
CURRY ys. SOUTHERN RAILWAY co Action for Damages for Killing a Hog (Decided November 18th, 19OG-~
 

 Action for Damages for Killing a Hog
 (Decided November 18th. 19OG--
 42 So. Rep. 447.)
 1. Railroad: negligence; proximate cause; pleading-A complaint alleg- ing that defendants engine killed plaintiffs hog by reason of the negli- gence of defendant in permitting it's right of way to grow up in briars and bushes which concealed the hog from view of the engineer. until 1t approach- cd so near the track, that the engl- neer could not stop in time to pre- vent the killing, sufficiently alleges the negligence as a proximate cause of the injury. g. Limitation of action; pleadings.- In an action at law, the defense of the statute of limitations must be pleaded: 1t cannot be raised by demurrer.
 8. Same; amendment of pleading.- An amendment which is merely a diff ferent statement of the same cause of action presented byl the original com plaint, relates back to the filing of the original complaint. so far as the statute of limitations is concerned.
 f. Pleading; departure: demurrers.-- That the amended count constitutes a departure from the original cause of action, cannot be taken advantage of by demurrer
 $. Railroads: killing stock; negli- genee.-A complaint alleging facts set forth in the first headnote hereof states cause of action.
 Appeal from Hale Circuit Court
 Heard before Hon. John Moore.
 Reversed and Remanded. opinion by HaTaison, Dowdell and benson. u. concur.
The Montgomery advertiser., 1907-03-20

hereby announce myself a candidate Tor Alderman from Ward Five. subject to the action of the Democratic primary.
 H. H. CHEArHAM.
The Montgomery advertiser., 1907-03-20

hereby announce myself as a candidate Tor Alderman of Ward Four. subject to the action of the Democratic Primary
 WALTER R. BRASSELIA
The Montgomery advertiser., 1907-03-20

I hereby announce myself candidate for Alderman from Ward Five subject to the action of the Democratici primary.
 VIM. J. CONNIFF.
The Montgomery advertiser., 1907-03-20

hereby announces mr. a candidate for Alderman from ward Three, sub feet to fhe 7 action of the Democratic. primary.
 cHAS. F. MORITZ
The Montgomery advertiser., 1907-03-20
FoR ALpFRMAN--WARD THRRM.

Alderman of Ward Three subject to the action of the democratic primary.
 J. M. KENNEDY.
The Montgomery advertiser., 1907-03-20

barebv announce myself candidate for
 I.,acttnn as Alderman from Ward Six, st,hdsct to the action of the Democratic Primary. JAMES d. SULLIVAN.
The Montgomery advertiser., 1907-03-20

hereby announce myself candidate for Alderman of Ward {. subject to the action Of the Democratic primary
The Montgomery advertiser., 1907-03-20

hereby announce myself as a candidate Sat Aiderman from Ward g. subject to the .sckion of the Democratic Primary. 0N''S- DR- B. M. TRENTHAM.
The Montgomery advertiser., 1907-03-20
FOR ALDERsIAN--wARD FIVE. :

hereby announce myself candidate for Aiderman of Ward Five. subject to the Ro- lion ot the Democratic primary.
 THOS. B. THOMPSON
The Montgomery advertiser., 1907-03-20

bsrebv announce myself 8 candidate ,o1 re-eiection as Alderman. Ward Six. subiect to action of the Demoeratie prpi- mary w. J. RYAN
The Montgomery advertiser., 1907-03-20
MUCU-TONE

There is no guess work with us on Rexah Mucu-Tone. We kHosg sOhat 't $ AHdds or
 Not only do we know, bat SOe t0H g'vs sos copy of ike formaiS
 There is no secret about any Rexall remedy we make them-one thousand of us leading druggists all over America-in our great CO., operative laboratories at Boston. Mass. We own the laboratories, and everything in them, and we operate them just as skillfully as our com bined brains and money will let us, and just as honestly as honest men know how.
The Montgomery advertiser., 1907-03-20
FoR ALDERMAN-wARD SEVEN.

hereby announce myself csnnoate hot Alderman from ward Seven. subject to the natiaA ae tho Democratic primary; y.;x,,so.,
The Montgomery advertiser., 1907-03-20
FOR ALDERMAN-WARD SIX.

- ha,abv annomnce myself as a candidate .a Aidsrnnan ward Six, subject to the ac- tion of the Democratic primary;
The Montgomery advertiser., 1907-03-20
FOR OVER SIXTY YEARS

MRS. WINSLOW's
 SOOTHING SYRUP. has been used for over FIFTY YEARS by MILLIONS of Mothers for their CHILDREN while TEETHING. with perfect success. IT SOOTHS the CHILD, sOFTENS the GUMS, ALLAYs all pain, CURES WIND COLO. and is the best remedy for DIARRHoEA. Sold by Druggists in every part of the world Be sure and ask for Mrs. Wlnslow's Soothing Syrup and take no other kind. 26 Gents a Bottle.
The Montgomery advertiser., 1907-03-20
TOR ALDERMAN-wARD .sOuR.

hereby announce myself candidate for Alderman. of Ward (, subject to the action Of Inc democratic primary. tf W. w. SE1DLB
The Montgomery advertiser., 1907-03-20

AN OLD AND wELL-TRIED REMEDY.
 Guaranteed under the Foods and Drug Act, June S0th. 1906. Serial Number 1o9s
The Montgomery advertiser., 1907-03-20
How can you know whether oE
 not you have catarrh2

We'll, here are the symptoms that usually in. dcate it's presence Check them over, and it you have any of thems try bottle of RexaM Mucu-Tone.
 CATARRH OF THE NOSE:- -Chlliness-- feyerishness-passages obstructed--watery dis- charge and latter thick, yellow and tenacious discharge into the throat-headache-fou breath---weai and watery eyes-and sometimes cATARRH OF THE THROAT: Irritation sensation of heat and dryness-constant hawk irg-soFe throat-and difficult to breathe. CATARREI OF THE STOMACH :-Dlxziness cancellation = hollow cheeks = sleeplessness bad dreams--despondent- grinding or sharp, short pains in side and stoniach--nau- sea after eatng-shortness of breatt-and ble- ter fluid rising in throat. 5CATARRH OF THE INTESTINES Dull, grinding pain in bowels--diarrhoea-- --nervousness--and sleeplessness. CATARRH OF THE LIVER AND KID- NEYS:--Skin drawn and yellow--black specks floating on field of vision-weak and dizzy duii pain in small of back-and constant desire to urinate.
 cATARRH OF THE BLADDER :-sharp pains in the lower abdomen and loss of con- trol over urine-constant desire to urinate-- burning sensation when urnating-faee drawn and palid-eyes dull-palms of hands and feet damp and clammy
 PELVIC CATARRH Constant leucorrhra-- dragging pain in the back and hips, abdomen and thighs-stomach disturbanees-slrin erup- fons-sick headaehe-female irregularities and constipation,
The Montgomery advertiser., 1907-03-20
Tho Ingredients of Muou-TOns

The chief ingredients of Mueu-Tone are Gen tian, Cubebs, CzScars Ssgrada, Glycerine, and Sarsaparilla
 Gentian is recognized in medicine as one of the greatest toncs ever discovered. It is the founda- ton on which Mucu-Tone is built Gentian com pines in high degree the tonic powers of all the known "bitters," with none of the disadvantages applying to them.
 Cubebs have long been recognized as q spe- cic in the treatment of all catarrhal conditions Its action is prompt and it's benefits almost inva- riable. In whatever part of the body the infamed or diseased condition of the mucous membrane exists, the use of Cubebs has been recommended by the best physicians for many generations.
 Cascara Sagrada is especially introduced for its necessary laxative properties.
 The combination of these with Glyeerine and Sarsaparilla makes Mucu-Tone remedy that at- tacls catarrh from every point gradually restores and rebuds the diseased tissues to their former health and strength, promotes digestion and cre- ates normal appetite. Large trial bottle, tOc.
 For Sale osly st This StOrs.
The Montgomery advertiser., 1907-03-20

ton. A city subscribed for stock. in a college, and issued it's bonds therefor. and when due, part of the bonds were paid and new bonds for the balance to extend the time of payment were is- sued Held, the new bonds like the old ones. were but evidences of the indebt- edness created by the subscription to the stock. and the rights of the holder of the new bonds must be determined as of the date of the creation Of the debt
 8. Same: judgment against the city; res adjudicata.---A judgment in an ac- ton on bonds issued by city in favor of the holder of the bonds is conclus- i've as to the question of the validity of the bonds In the absence of fraud in obtaining the Judgment
 [. same: payment of judgment; levying taxes; duty of officers.--with- in the limitation as to the amount of the levy as provided in Section 21s, Constitution 1901. sthe city must levy a tax to pay a judgment against the city obtained on debt which arose prior to the Constitution of 1875 pur- suant to a statute which authorized the city to levy taxes to pay the debt and refusing to do so, a judgment creditor was entitled to mandaniGs to compel the levy.
 AsShSaHlHb utHlSu OeceInDef otn, 1SOb.
 Appeal from Colbert Circuit Court
 Heard before Hon. Joseph H. Nathan.
 Reversed and Remanded. Opinion by Dowdell. |.
 weakIey. c. J.. Tyson and simpson. JJ.. concur. HOBBS V. LONG DISTANCE TEIE-
 PHONE & TELEGRAPH co. Bill to Enjoin Construction of Te1e-
 phone Lines Until Compensation
 For the Damage to Land is Paid
 lDecided July 6. 190s--41 So. Rep.
 1003.)
 1. Eminent domain; use of highway for telephone line-The construction of a telephone line is not an additional burden or servitude on the land enti- ting the abuting owner to compensa- tion.
 ?. Injunction; Jurisdiction; remedy at Law--If the owner of land abutting on highway is entitled to compensation for cutting trees on the land, his rem edy at law is adequate. and he is not entitled to an injunction.
 Appeal from Limestone Chancery Court.
 Heard before Hon. W. H. Simpson
 Affirmed-Opinion by Simpson, J.
 Weakley, C.. T., Haralson, Dowdell and Anderson, JJ., concur.
 Tyson and Denson. JJ., dissent.