davidaulloa/AmericanStories huggingface dataset:
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
BIZ J. ROLAND BRADY, Auctioneer.
Annapolis, Nd.
MORTGAGES SALE
-OF A.
VALUABLE LOT
Located at West Annapolis in
the Second Election District
of.Anne Arundel County.

UNDER and by virtue OF q power OF sale
contained In A mortgage from William +.
Williams and Margaret A. liltamg his wife.
dated the 18th day OF August, 1903. and re-
Arundel county. In Liber q. W., No. .. folio
49, &c, the undersigned win cffer TO public
sale at the COURT HOUSE door, In the City
OF A nnapolle. Nd. on
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
PUBLIC SALE
--oF VALUABLE
Real Estate
In the City of Annapolis

By aut hority OF the owners and heirs OF the
estate OF the late Jackson Brewer, we, the
undersigned agents, Will offer at public sale,
napolis. on
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
GEO. w. JONES'
Circulating Library
The following books were added TO
the Library week ending April 13

The following DOCKS were added 20
the Library week ending April Is
The Turn of the Balance, by Brand
Whitiock.
The Story of the Outlaw, by Elmer
son Hough
Hilma. by William TiIlinghast Ed
ridge.
The Lovely Lady of Grosvenor
Square, by Mrs. Henry de la Pas
ture.
The Thinking Machine. byJacques
Frutrelle.
Mr.. Barnes, American, by Archi-
bald G. Gunter
Christian Science. by Mark Twain,
The Case of DR.. Horace, by John
II Prentis.
Where the Trail Divides, by Will
Sillibridge.
The White Cat, by Gelett Burgess.
TERMS New Books &c. per day
Old Books lc. per day.
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
Notice to Taxpayers


The Mayor. Counselor and The Aldermen
OF the City OF Annapolis viii meet In specia
session On April z9th, At II o'clock A. II. and
will continue In session each day until
May 9Th, between the hours OIL % .. m. and
100 p. NJ. for the purpose OF transferring pro
perry and bearing applications fol adjust
ments and abatementeof property.
All citizens are urged 10 take proper steps
so that their property account may pro
perry appear on the tax books
JOIN : . ll1 NV.
as ~ Mayor
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
City License Notice.
oitlce o the cIty cIerk.

office Of the City Clerk,
ANNAPOLIS, MD, April srd. 1907.
Notice is hereby given to the owners OF
Vehicles. DOGS. Billiard and Pool Tables,
Ten-Pin Alleys and other devices for which
q license is required under the provisions OF
the City Code OF Annapolis also 10 those en-
gagged ia the prosecution or calling OF Huck-
gter, HaWker and Peddfcr. and such other
business or calllrg that requires license
under the said City Code, tnat the CITY Clerk
On the 18th day Of April, 1907,
said licenses 20 be dated May LIST, 1907, and
continuing Que year from that date; and
further, that ali licenses now In existence
expire on the 1T day Of May 1867.
PHIL. n. PORTER, city Clerk.
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
RATES OF ADVERTISING.

one square ave lines OF Nonpareul first
Insertion 90 subsequent insertions 80 cents
special rates made with monthly, quarterly
aud yearly advertisers.
ss-Locni notices and political or persona
communications 10 cents per line, BREWER
QDsequent insertions. cents per line.
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
~ Frame Dwelling.

With back building attached There is also
n well OF excellent water opening ia the
bac k building.
TERMS OF sALE-One third cash ON the
day OF sale or the final ratification thereof.
and the balance In six months from date Of
sale, or all cash at the option of the purchas-
er. deferred payments TO bear interest and to
be secured 10 the satisfaction OF the under
signed.
4 deposit ofsI0O VIII be required on day OF
Sale.
A loan OF two thirds the price OF the pro-
perry VIII be made.
For further particulars apply TO
JAMES w. OWENS,
all Attorney named In said mort gage.
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
Wednesday. May 9th, 1907,
ATII. 80 O'CLOCK, A. M.

All The Real Mtate In the said mortgage
mentioned containing two lots OF ground be.
ing mum bered Is and Is respectively on N ell
wins plan OF West Annapolis, said plat rec
orded among said Land Records in Isiber s.
Ii. No. ~ folio 100. described:
Beginning for the same al the East corner
formed by the intersection Of severn Avenue
with Annapolis Street, and running with
said street In a southwestern direction, 100 r.
10 'front.' on said street thence at right
angles 10 laid course and PARALLEL with Sew
ern Avenue In a Northerly direction $50 feet
to front thence AZ right angles TO said last
course and parai Ell 10 Anna polls In a North
western direction 100 feet 10 the line of Sev-
ern Ave. thence north the lfne OF said Ave.
In Southwesteriy direction 80 feet to the
front OF beginning. mproved with a TWO
STORY. GROOM
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18
THE CAPITAL

zson sale at the bookstores OF the City where
wders can be len for It's delivery to sub
crfberH al cents per week, Is cents per
month, and ss-0o per year.
You can have the EvExTG CAPITAL mailed
40 You when away from the city by leaving
your name and address at this ONCE or
either OF the bookstores. Only 10 cents q
geek or 30 cents a month. mailed to any adj
dress In the United States and Canada.
Evening capital. (Annapolis, Md.) 1884-1910, 1907-04-18

Arundel Building. Annapolis oIHi Nd ~ ~ ne ne
The Montgomery advertiser., 1907-03-13
V A u

5. Courts; Supreme court; appeal rem dition of judgment. The act estab- fishing the city court of Birmingham. (Acts 1Sss-ss p. 99s amendatory of the same) makes it the duty of this court. on appeal. to review the judg- ments and conclusions of the city court on the evidence and to render such Judgment as should have been render ed, if any error appears
 6. Mechanics lien; liability of own CT; knowledge of Improvements. .--Un- der Sec. 2723, Code 1S96 where one per- mits or, consents to improvements be- ing made on his property with know ledge of the fact that they are being made under a contract with the agent those making such Improvements have a mechanics lien therefor. But in the absence of proof of personal liability on the part of the defendant the judg- men should be one in rem and not in personam,
 '. Appeal; review; finding by court Where the finding are by the trial court sitting as jury. they will not be disturbed on appeal unless clearly er- roneous.
 Rehearing denied July 6, 1906.
 Appeal from Birmingham City Court
 Heard before Hon. c. w. Fergu- son.
 Corrected and affirmed. Opinion by Tyson J
 Weakely, c. J.. Simpson and Ander son, JJ., concur.
The Montgomery advertiser., 1907-03-13

2. Same; failure to record. --The failure to record a chattel mortgage, unless purposely withheld for conceal ment or to give the naortgagor false credit, can have no other effect than to postpone its lien to after acquired lines.
 q. Fraudulent conveyances: prefer ences. .--If the debt be bona fide, the payment absolute, and the property conveyed does not materially exceed in value the amount of the debt, a debtor may prefer his creditors.
 D.. Same; evidence.--A mortgage given in good faith to secure money loaned from time to time, and at a time when the mortgagee had no req son to believe that the mortgagor was embarrassed, and while the mortga- gor's credit was still good, is not fraudulent.
 6. Same; exempt property IA con- veyance of personal property of less value than the statutory exemption by debtor, is not subject to attack by creditors.
 Appeal from Morgan Chancery Court.
 Heard before Hon. W. T. Simpson.
 Reversed and rendered. Opinion by Simpkson, J.
 Weakiey, c. J., Tyson and Ander- son, JJ., concur.
The Montgomery advertiser., 1907-03-13
McGEEvER V. HARRIS AND SONS

McGEEvER v. HARRIS AND SONS Mechanic or Material Mems Lien.
 Decided April 10. 1sO6-41 So |.
 Rep. 930.)
 1. Mechanics lien; action to enforce; complaint: sufficiency-It is not nec- essary that the facts recited in the statement filed in the office of the judge of probate to perfect the lien should be alleged in detail in the com plaint; 1t is sufficient to allege that plaintiffs were entitled to lien on the described property by virtue of a con tract for materials furnished and work done on the property, and that a verf- fled statement of the lien was filed fin the office of the judge of probate on a certain day and within the period prescribed by the statute, and that it was verified by the oath of one of the plaintiffs.
 2. Principal and agent; action against principal; allegation of agency Where the complaint fin an action to enforce mechanics lien alleges that the sum claimed is due for materials fur nished and work done in accordance with contract between plaintiffs and defendant through and by her husband 1t sufficiently alleges that defendants husband was her authorized agent. 5. Mechanics lien: statement of lien verification. Where the lien was claimed by a partnership and the yer lfication was made by the oath of one of the partners, such verification was sufficient, although 1t did not contain an averment that such partner had knowledge of the facts. Sec 2727 Code 1898.
 {. Same; judgment; form; in rem and in personam. In an action to es- tablish lien where the evidence shows not only that plaintiff Is entitled tc lien, but also a personal liability or the part of the defendant, a judgment should be rendered iii rem and in per. sonam. under the express provision oi Sec. 2739. Code of 1898.
The Montgomery advertiser., 1907-03-13

England. discovered a new Wishing to pay a compliment { III, his patron. he gave 1t { of Georgium Sidus. or the
 Star. Other English astronom, ing to compliment the 0lscov, self. suggested the name of
 Continental astronomers pror the old nythological system lowed and the name of Uri accepted by the scientific the designation of the sevent
The Montgomery advertiser., 1907-03-13
POINTER V. THE STATE.

Burglary (Decided July 6. 1906. 4I
 So. Rep. 929.)
 1. Burglary; evidence, relevancy.- Where it is shown that defendant worked for prosecutrix and that flour and meat were stolen from prosecutrix pantry to which defendant had access 1t was competent for the State to show that on the day following the night of the larceny the defendant carried goods similar to those stolen to the house of certain woman where the goods were found, and to show the relation exist ing between defendant and the woman. g. Same; clements of offense.-Al- though defendant might have had right of access to the pantry in the performance of his duties as a servant yet if he entered the pantry with the intent to steal after the pantry had been locked, he was guilty of burglary
 8. Criminal law; former conviction;
The Montgomery advertiser., 1907-03-13
Nnmen of ConfetIernte

Locklies. Va, March H. R. B. Wright, of the tweE composed of four countiess Virginia, has Issued orders court clerks for recording all Confederate Veterans Of ties of his circuit. The Sec the Virginia Military Rec0 send a communication to eat judges in the State asking th the same thing.
The Montgomery advertiser., 1907-03-13
of Aia rn nixern.

The difficulty of a diver e: in lifting weights beneath { is partly overcome by a nel invention. which has been
 adopted by that government.
 chanism is a diving suIt, the arms of which are worked inside by the wearef. The
 thus secured enables the dive objects heavier than he coul wise handle. Tn addItion to provement over the ola metho power electric light that W trate the water for some di. placed in the helmet.
The Montgomery advertiser., 1907-03-13
s A F E TY

Be absolutely certain that your valuables-jewelry, pa pers, policies and other things are secure. The only way is to have Safety Deposit Box in our Vault-only $5 per year and up. Let us explain per sonally. Montgomery Bank and Trust Company.
The Montgomery advertiser., 1907-03-13
COLLINS v. GILLEsPY.

Petition by Minor to Have Clerk and
 Register Pay to Her Money Col
 lected on Judgment in Her Favor.
 Decided June 30, 1906. 41 So. Rep.
 930.)
 Infants; judgment in favor of; who may receive payment-Neither tho next friend, by whom an infant sues. nor the attorney of record, has author ity to receive payment of a Judgment in favor of the infant. and enter satis- faction of the judgment. Only the regularly qualified guardian can do SO Appeal from Birmingham City Court Heard before Hon. Charles A. Senn Affirmed Opinion by Denson. J.
 weakley. C. j., and Haralson and Dowdell, JJ., concur.
The Montgomery advertiser., 1907-03-13
DALLAS MFG. co. '. TONNES

@(SAAAN<AO AAr'Ts t~Os Es 1ON NES. Action for Damages for Injury to an
 Employe.- Decided July 6, 19O6.--
 Al So. Rep. 9eS.
 l. Master and servant: injuries to servant; relation of parties; servant under control of contractor--D Defendant hired plaintiff and put him to work utl- der the control of contractor engaged in setting machinery in defendant mill. Defendant paid plaintiff and charged his wages to the contractor under the contract binding the contractor to nay all expenses of putting in machinery; Held. plaintiff could not recover of de- fendant, as his servant, for injuries re- ceived on account of insufficient ligpt- ing of the mill.
 ?. Negligence; condition of building: care as to licensee--r The mill proprietor owes 1t to the servant of an indepe nd- ent contractor who IS placing nachln- cry in the mill. to keep the mill prem ises in reasonably safe condition.
 Appeal from Madison Circuit Court.
 Heard before Hon. D. W. Speake
 Reversed and Remanded. Opirion by Simpson, J.
 Weakley, c. J.. Tyson and Anderson. JJ., concur.
The Montgomery advertiser., 1907-03-13
GIRsoN V. wALLAcE.

Bill to foreclose mortgage.--(D (Decided
 June S0th. 1906. 4i So. Rep. se0. ..
 l. Husband and wife; suretyship of wife; burden of proof. .-The burden is on the wife to show that the debt, evidenced by a note and mortgage signed by both husband and wife, was that of the husband merely. and that she executed the same only as his surety.
 3.N Husband and wife; agency of husband 1.-The lender knew that the husband was the general agent of the wife; he declared that he would not make a loan. to the husband, but that if he would get his wife to give a mortgage on her land, he would let the husband have the money. Held, should be construed to mean that the lender would let the husband have the money for the wife,
 {. Same; evidence. .--The evidence in this case examined and held to show that the wife was the principal debtor and not merely surety for the husband.
 Appeal from Lawrence chancery Court.
 Heard before Hon. W. H. Simpson.
 Affirmed. Opinion by weakIey, c. J.
 Tyson, Simpson and Anderson, JJ., concur.
The Montgomery advertiser., 1907-03-13
MEFFoRD V. CITY OF SHEFFIELD Carrying on Business Without Procur
 ing City License.-(Decided July {

MEFFORD v. CITY OF SHEFFIELD Carrying on Business Without Procur-
 ing City License.-(Decided July {
 1906. 41 So. Rep. 970).
 Licenses; municipal ordinances; val idity.-The city charter gives the Coun- ell authority to levy license tax on all persons carrying on any business: the city ordinance imposes a tax of S20o on wholesale dealers in kerosene oil, and $10 tax on dealers in goods, wares and merchandise; the ordinance pro- vides that parties engaged in two or more businesses under the same roof shall take out license for the business requiring the greater license, which shall exempt them from other licenses. Held, that merely because kerosine oil was sold by wholesale and retail gro- cery merchants and druggists as a part of their regular stock in trade, such article not being necessary to the car rying on of such occupation, does not render the provision as to wholesale dealers in kerosene oil unconstitutional as discriminative.
 Appeal from Colbert Circuit Court.
 Heard before Hon. E. B. Almon.
 Affirmed. Opinion by Denson, J.
 Weakley. c. J., Haralson and Dow dell, JJ.. concur.
The Montgomery advertiser., 1907-03-13
PENNEY v srEELE

PENNEY V. STEELE. Action for Damages for Communicating
 Infectious Disease by Leasing In-
 fected House. Decided July 6.
 1s06--41 So. Rep 976.)
 Landlord and tenant: dangerous con- dition of premises; liability of land- lord--Defendant leased to plaintiff q house in which person infected with a contagious disease had been, and plain tif's infant child became infected with such contagious disease. Before leas- ing the house, defendant employed a skilled physician to disinfect the prem ises. and skilled nurse performed the duty under the direction of the physi- clan. Held, The landlord was not lia- ble for injuries sustained by the ten- ant, although other experts gave it as their opinion that there were better means of disihfection than those used in this case.
 Appeal from Madison Circuit Court. Heard before Hon. Paul Speake.
 Affirmed. Opinion by Simpson, J.
 Weakley, c. J., Tyson and Anderson, JJ., concur.
The Montgomery advertiser., 1907-03-13
HARoRovE v. THE STATE.

Burglary.-(Decided June soth, 1906. 41 So. Rep. s72). 1. Criminal law; evidences: trailing with dogs.--Evidence as to the trailing of defendant by dogs was admissible where 1t was shown that the person in charge of the dogs was engaged in the business of trailing persons with dogs; that the dogs used to trail defendant were trained to trail human beings; that one of them had had four years training: that the other had had expe- rience also, and that the dogs had traiied sixty or seventy persons in the last four years.
 2. Same; tracks.--It being admitted that a certain pair of shoes belonged to the defendant, and that he wore them on the day of the night of the burglary. 1t was permissible to show that the shoes were obtained from de- fendant's house after his arrest, and that they were of the same length and width as the tracks found near the place where the burglary was com mitted.
 8. Same; affirmative ipstruction.- Where the evidence affords an infer ence against defendants innocence, he Is not entitled to the general affirma- tive charge.
 Appeal from Limestone Circuit Court.
 Heard before Hon. D. W. Speake.
 Affirmed. Opinion by Dowdell, Weakley, c. J., Haralson and Den. son, UJ.. concur.
The Montgomery advertiser., 1907-03-13


 employed men to do certain work on her property. uy,...o it appears that the adUission Of IT. relevant evidence could not have ar fected the verdict, It's admission was harmless error.
 Appeal from Colbert Circdit Court.
 Heard before Hon. Ed. B. Almon.
 Affirmed. Opinion by Simpson, J.
 Weakley. c. J.. Haralson and Dow dell, JJ., concur.
 DICKINSON V. THE STATE OF ALA. Burglary. Decided July 6, 1906. 41
 So. Rep. 929.)
 1. Burglary; indictment; sufficiency; character of building.-An indictment attempting to charge burglary which alleges that the defendant broke into railroad depot in which goods, wares or merchandise or cloth ing, things of value, were kept for use, sale or deposit. is demurrable for fail- ure to allege the breaking of build ing or structure of the kind mentioned in the statute.
 Appeal from walker Circuit Court
 Heard before Hon. A. H. Alston.
 Reversed and remanded. opinion per curiam.
The Montgomery advertiser., 1907-03-13

SAUNDERS " TUSCUMBIA ROOFING
 AND PLUMBING co
 Mechanics or material mar lien. --
 (Decided July 6, 1906. Il So. Rep.
 9s2.)
 1. Evidence: secondary evidence; proof of loss of primary evidence; suf- ficiency While 1t Is not necessary to prove that search has been made in every possible place in order to render secondary evidence of the contents of an instrument In writing admissible, yet 1t is necessary to show that search has been made in the place where the instrument was last seen, or in the place it would likely be. and that 1t could not be found.
 2. Same.--A sufficient predicate is laid for the admission of secondary evidence of the contents of an original writing when 1t is shown that the in- strument had been searched for in the place where last seen and where it ought to be and that 1t could not be found.
 3. Appeal; record; sufficiency --The lien sought to be enforced not being set out fin the bill of exceptions, dis the status of the suit as to parties. cannot be considered on appeal.
 4. Mechanics lien; consent of own CT; authority to contract; husband and wife Where the husband as the agent of the wife contracted for re- pairing a building owned by her. her property is subject to lien for labor and materials furnished, without ref erence to whether she consented to the repairs or not.
 5. Same. evidencei admissibiiity -- Where there was no direct proof that the husband, who contracted for the repairs. was acting as the agent of the wife in so doing. 1t was competent to ask him whether he sold the prop erty for his wife, what he did with the purchase money. and as to who
The Montgomery advertiser., 1907-03-13

Naming a Planet. It was on the evening of March l3. 17S1. that William Herschel, at Slough,
The Montgomery advertiser., 1907-03-13

PENNY v. COREY. Assumpsit-- Decided June 30, 1eos--41
 So. Rep. 79S.)
 Judgments: res adjudicata--Piaintif in a former action, sued defendant upon certain notes given for a stock of goods, and for the interest due on others given for the same purpose. The defendant pleaded failure of consider ation. Plaintiff had judgment for less than the amount of the notes sued on and the interest on the other notes. Held, such judgment did not operate either as bar to the plaintiffs right to sue on other notes, or to the de- fendant's right to set up failure of con- sideration as to the other notes.
 Appeal from Morgan Circuit Court.
 Heard before Hon. John c .Eyster, Special Judge.
 Reversed and Remanded. Opinion by Anderson, J.
 Haralson, Tyson, Dowdell, Simpson and Denson, JJ.. concur.
The Montgomery advertiser., 1907-03-13
Head Notes @ the Decisions
 Of Alabama Supreme Court

WESTERN UNION TELEGRAPH co. E " v. LONG.
 Action for Damages for Failure to De-
 liver Telegram. (Decided July 6.
 1906. 41 So. Rep. ss5)
 l. Telegraphs and telephones; faii- ure to deliver message; damages; men tai anguish.---Plaintiff sent his uncle, by marriage, a telegram informing him z of the death of his baby. asking him to notify two other persons. stating that he would reach there that night, and requested that he be met with conveyance The message was not delivered and on arrival plaintiff found no one to meet or assist him, no ar- arrangements made for funeral, and no one apprised of the death of his child. Held, that although the sendee was not within that degree of kinship, that his absence alone furnished right of recovery for mental anguish, yet plain tin was entitled to recover for the same as proximately resulting from the failure to deliver the message, un- der the circumstances of this case.
 Same; excessive damage--Under the facts of this case, a verdict for live hundred dollars is not excessive
 3. Evidence; admissibility;. uneom- municated motfve.--The message in question was delivered to sendee's brother and defendant asked why he did nor give the telegram to his broth CT. the sendee. Held. objectionable, as seeking to elicit an uncommunicated motive or reason.
 Appeal from DeRalb Circuit Court.
 Heard before Hon. James A. Bilbro Affirmed. Opinion by Anderson, J.
 Haraison, Dowdell and Denson, JJ., concur.
 COLBY-HINKLEY co V. JORDAN. Petition for Partition of Personal as property. - (Decided June 30, 1e0e
 fl So. Rep, 962.)
 sl. Partition; personal property; ju- risdiction; courts. Under section 3f61, Code 1896, the probate court has juris- diction of a. petition for the partition of personal property owned by peti- tioner and others as tenants in com , mon.
 3. Logs and logging; standing tim- Der; sales; parol contract; rights ac- quired. Under a contract oral for the sale of standing timber, authorizing the buyer to enter on the land and cut the timber. and providing that the timber cut should be equally divided between the owner and the buyer, the buyer had only a license to enter on the land and cut the timber, and the license was revocable at the place of the owner, except as to the timber already cut.
 3. Tenants in common. personal
 q