davidaulloa/AmericanStories huggingface dataset:
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
TIMBER LAND, ACT JUNE 3, 1878.
Notice For Publication

United states Land Office, Lewiston, Idaho,
April 20 n. 1907.
Notice IS hereby given that in compliance
with the provisions Of the net of Congress Of
June =, ~, entitled IAN act fer The sale Of
timber lands in the States of California, Ore
gon, Nevada, and Washington Territory" as
extended TO all Public Land States by act OF
August 4, 1892,
Sven J. Turnvall
OF f k, county of Spokane, State 81 Washington
has This day filed in this office his sworn tate
ment n 29SO, for the purchase ofthe VIZ nwA
sec 9, and eI5 nel4 OF section in township No.
80 H. range 3 e b m, and will offer proof TO
show tina the land sought is more valuable ior
It's timber or stone than for agricultural pull
poses and to establish his claim said land before
Register and Receiver at Lewiston, Idaho
on Friday, tie 18th day Of July, 1907.
He names witnesses;
Assel Anderson, OF Elk, Washington. ole S.
Hagen. Joseph o. McComb, Phillip VI. Rowe, Of
Troy, Idaho.
Any and all persons claiming adversely The
ab ,ve-described lands. are f,quesIed to hie
their claims i'm this Office on or before said l9lh
day of July, 1907.
7. II. Bartlett
Nav II iullq Register
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
Notice for Publication.

Department of the Interior, Land Office at
Lewiston, Idaho, May o, 1897.
Notice is hereby ven that John Johnson of
Jausville, Idaho, has fled notice Of his IN
tentiOn 10 make final combination proof in
support OF his claim. viz: homestead entry No.
1857 made sept. 8 1908. for the Ms uw.4 section
30, township 40 a., range ". r. m, and that
said proof will be made before Register and
Receiver, at lewiston Idaho on June -, 1907
He names the following witnesses 10 prove
his continuous residence upon, aud cultivation
Of the land. viz:
John q. Liner. Gustaf Anderson. Marion g
Perry, Martin Magnus0n, all OF Jansville
Idaho.
T. H. BARTLETT,
may17jnn21 Register.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24


.TICE FOR PUBLICATIONS
United States Land Office, Lewiston. Idaho,
March 1907
Notice is hereby given that in compliance
with the provisions Of the at of Congr' IS of
June 3, 1875. entitled AN act for the sale of
timber lands in the States OF california, Ore
gon Nevada aud Washington Territory" as
extended 10 all the Public Land States by act Of
August t. 1892.
Nettie J. Buchanan,
Of Davenport, county OF Lincoln state Of
OF Washington, has this day filed IN his office
her sworn statement No. ls26, for the purchase
OF The SD ne "A OF section ,; swl nwl4 and nwA
swL of :, elton in township 40 n, range ]
e m, aud will offer proof Ia show
that the land sought is more valuable for
its timber or stone than for agricultural pur-
poses and to establish her claim to said land
b fore the clerk Of the L. District court at
Moscow, Idaho on Monday, the Sd day Of June,
1907.
She names as witnesses James c. Campbell
Of POtlatch Idaho; Dune ~ Buchanan Of Dav-
export Wash: Frank w. Mallory of Princeton,
Idaho; Charles A. Coleman of Moscow, Idaho.
Any and all persons claiming adversely the
abOve-described lands requested to file
their claims in this Office on or before said Bird
day OF June, 1907,
T. II. Bartlett,
mch2q may31 Register.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
TIMBER LAND. ACT JUNE 8, 1873

NOTICE FOR PUBLICATION.
United States Land Office, Lewiston, Idaho,
April 20, 1907.
Notice is hereby given that in compliance
with the provisions of the act of Congress OF
June 3, 1878. entitled can act for the sale of
timber lands in the States OF California, Ore
gon, Nevada, and Washington Territory" as
extended to all the Public Land States by act of
August 4, 1892
PERRY DEEM,
OF Troy, county of Latah, state of Idaho,
has this day fled in this office his sworn state
ment No 2gl0, for the purchase OF the seq swA
swl4 sell sec u, nj nel4 OF section No. %, in
township No. 40 II, range No. l e. b. m,
and will offer proof to show that the land
sought is more valuable for its timber
or stone than for agricultural pur-
poses, and TO establish his claim 10 said land
before the Regi ter and Receiver at Lewiston,
Idaho, on Wednesday, the 10th day of July,
1907.
He names as witnesses:
Mrs. Hilin ia ). Deem, Mrs. Nettie f. Rowe,
Joseph o. McComb Phillip NJ. Rowe, of Troy,
Idaho.
Any and all persons claiming adversely the
above-described lands are requested to file
their claims in this Office or before said 10th
day of July, 1907.
T. H. Bartlett,
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
MAY 17inll9
NoTlcE FoN prBLIcATION.

Department Of The Interior.
Land Office at lewiston, Idaho, May g. 1907
Notice is hereby given that Hakan Renstrom
of Jansyille, Idaho has filed notice OF his
intentionto make final five-year proof in sup
port of hissclaim, viz: homestead entry No,
swii. sec y, township 40 n. range ! W. 3. m,
and that srid proof will be made before Regis
TER and Receiver. at Lewiston, Idaho, on June
"a 1907.
He names the following witnesses TO prove
his continuous residence upon, and cultivation
of, the land. viz:
John q. Liner, Gustaf Anderson, Marion s.
Perry, Martin Magnusun all OF Jausvile. Idaho
T. II. Bartlett
my17jun2l Register
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
anr2e- in21
TIMBER LAND, ACT JUNE 3, 1873.


NOTICE FOR PUBLICATIONS.
United States Land Office, Lewiston, Idaho
April 20, 1907.
Notice is hereby given that in compliance
with the provisions OF the act OF Congress Of
June 3, 1878. entitled ''An act for the sale of
timber lands in the States of California, Ore
gon Nevada, and Washington Territory" rs
extended to all the Public Land States by act of
August 4, 1892
NE1TIE f. ROWE,
of Troy, county OF Lutah, STATE of Idaho, has
tn day fl ed In this Office her 81 orn statement
No. 29l3, for the purchase OF the nl2 nw14, nl5
nel4 OF section No. u, in township No. 40 n.
range No. l e, b, III. and will offer proof to show
that the land sought is more unble for its
timber or s'one than for agricultural purposes,
az to establish her claim to said land before
Register and Receiver at Lewiston Land Office
on ednesday, the 10th day of July, 1907.
She names as witnesses:
Mrs. Hilinda Deem. Perry Deem, Joseph
O. McComb, Phillip NJ. Rowe of Troy. Idaho.
Any and all persons claiming adversely the
above described lands are requested to file
their claims in this Office on or before said 10th
day Of July 1907.
T. H. Bartlett
ma3julyj Register.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
apr5in7
TIMBER LAND. ACT JUNE 3. 1878.

NOTICE. For PUBLICATION.
United states Land Office, Lewiston, Idaho
March D. 1907.
Notice is hereby given that in compliance
with the provisions OF the act OF Congress OF
June g. lS5S entitled, IAN act for the sale of
timber lands in the states of California, Ore
gon, Nevada and Washington Territory" as
extended to all the Public Land states by act
of August 4, 1892
Charles J Bernardni,
of Troy county OF Iatah, state OF Idaho. has
this day filed I'm this Office his sworn state
ment No 2s6S, for the purchase of the seA swl4
of section II in township ~ n, range e b m, and
will offer proof to show that the land sought is
more valuable for its timber or stone than for
agricultural purposes, and 10 establish his
claim 10 said land before the Register and
Receiver at Lewiston, Idaho, on Tuesday,
the nth day OF june, 1907.
II e names witnesses:
James II. Muir, John NJ Bellomy, Joseph o.
McComb and Charles o.. Portfors, al # Troy,
Idaho.
Any and all persons claiming adversely the
above described lands requested to file
their claims in this Office on before said llth
day OF June, 1907.
T. II. Bartlett,
APPS ie7 Register.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
TIMBER LAND, ACT JUNE 3, 1878.


Notice for Publication.
United States Land Ofice, Lewiston, Idaho
April 10. 1907
Notice is hereby given that in compliance
with the provisions OF the act OF Congress of
June B. 1875. entitled AN act for tie sale Of
timber lands in the States OF CnlifoTuia ore
gon. Nevada and Washington Territory" ms
extended to an the Public Land states By act
of August Z, 1872.
John A. Toal
OF Potlafch. county OF Latah. stat" of Idaho,
has this day filed i'm this Office his sworn ate
ment No. 2sas. for the purchase Of swl4 seh of
section 10. Wiz net, "A nW14 sei4 oi section p,
in townshiu 30 n, range ], e b ~, ana will
offer proof 10 show that the land spught is
more valuable for its timber or stone than for
agricultural purposes, and % establish hi.
claim to said land before the Register and
Receiver az Lewiston, Idaho, on Tuesday
the 25th day Of June 1901
He names as ~ illnesses;
Harry : wilson. James G.. Campbell. Dave
A. Mccullough aud Walter Ho d. all oi Pot
latch. Idaho
Any and all persons claiming adversely ~
abOve-describcd lands are requested tp ul,
their claims in this Office on or before said 25l
day of June. 1897.
T. II. Bartlett,
aprle-ju2l Register.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
ORDER TO SHOW CAUSE.
In the Probate Court in and for the
county of Latah, state of Idaho.
In the matter of the estate OF cause why order
CHRIS MADISON. 1of sale OF real
roooasad estate should not
d do

be made.
ole Miller the administrator of the estHte OF
Chris Madison, deceased having filed petition
herein praying for an order of sale OF east half
of the north east quar'er OF section 81, and the
northwest quarter OF the north west quarter of
section 80, township 49, north OF range 4 W. b.
NJ. in Latah County, Idaho, the real estate OF
forth
1t is therefore ordered by the Judge of said
of said deceased be and appear before the said
Probate Court, on Saturday, the 25th day OF
May 1907 at 10 o'clock in the forenoon 81 SAID
day at the court Dom of said Probate Court, in
the court house in said Latah county to show
cause why an order should not he granted to
the said administrator to sell so much OF the
real estate of said deceased, Chris Madison as
shall be necessary.
1t is further ordered, that copy OF this order
be published at least four successive weeks, .
issues before the said 25th day of May 1907 in
the Troy News, a newspaper printed and pub
lished in the said Latah county, state OF Idaho
CHARLES NJ. LUKENS. Probate Judge
Dated this 18th day OF April, A. ID. 1907. al9ma24
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24

When in Troy try sack Of Genesee
-four. Sold by w. M. Duthie.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
Junk! junk!

pay cash for old rubber, also old
copper and brass. ATHEgToN,
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-05-24
TIMER LAND. ACT JUNE 3, 1878.
THE Enn nIrHI liza TInN

APPS ie7
The Montgomery advertiser., 1907-09-22

Where the bill of lading bound the railroad only to transport with as rea- sonable dispatch as its general busi- ness would permit, and one of it's pleas was that an unprecedented amount of freight prevented its handling the cot- ton more expeditiously. 1t was com potent to show that q subsequent ship ment reached the same destination prior to the first shipment, as to the delay and in refutation of the plea
 4 Same; notice of arrival--In view of the provisions of Section 4324, Code 1S96, 1t was competent to show, In an action for damages for delay in dsliv- cry of goods, that the railroad failed to give the consignee notice eof the ar- rival of the goods until a certain dates as tending to show that the goods did not arrive until at or about that date. 5. Appeal evidence; harmless error When a witness gives in detail evt- dence fully answering a question. It is harmless error to sustain an ob1ec- tion to such question.
 c. Same--A witness was allowed to detail the facts concerning the condi- tions "Rlongside" to press at tho tina inquired about, and 1t was harmless error to exclude a question as to whether it was possible to get along side the compress with freight at a certain time.
 :. Same; numbering charges--While it is not fatal. on appeal. to fail to number requested written instructions. 1t should be avoided where the charges are numerous.
 Z Appeal from Dallas Circuit Court
 Heard before Hon. E. M. MilIsr.
 Reversed and remanded. Opinion by Denson. J.
 Tyson, c. J.. and Haraison and simp- son. J., concur.
The Montgomery advertiser., 1907-09-22
IIEwlNwIWwEWnMITm mMlMNm mIHM
ronnY KRAuss.

Assumpsit.--(Decided Feb. 14th, 1so7.--
 43 So. Rep. 1S4).
 1. Bankruptcy; discharge; new prom ise.--A clear, distinct, unequivocal promise to pay debt discharged, made after promisor has been adjudged bankrupt. will support an action at law.
 q. Same; pleading-Under promise to nay a discharged debt by the bank rupt, the creditor may proceed upon the promise, or many sue on the origi- nal debt, and reply the new promise to a plea of the discharge in bankruptcy.
 3. Same; new promise; defniteness- A promise to pay a debt discharged as soon as he is able. binds the debtor, and is not void for uncertainty.
 {. Same; action on promise; evidence In an action on a new promise 10 pay a discharged debt, it is necessary to allege and prove defendants ability to pay, where the promise was that he would pay as soon as able; and proof of ability to borrow money is not suf- ficient.
 5. Same-where the evidence did not disclose that the promisor had property other than his salary, which was necessary, undisputedly, to sup port his family, he was entitled 10 direction of the verdict, and IL was not prejudicial error to exclude evi- dence of his ability to borrow money.
 6. Evidence; conclusions--ln oroer 70 determine bankrupt's ability to pay, 1t was permissible to ask him how much of his income was necessary Tor the support of his family, as such state ment was the statement of coiiectiVe fact and not a conclusion.
 '. Bankruptcy; discharge; new prom ise; action; evidence-In an action on a new promise to pay a discouraged H,1 trv a t0 0GIenQA0L earnings two years subsequent 10 the commencement of the suit.
 s Same: income of debtor; use or debtor. liable on a new promise 10 nav a debt discharged as soon as ne ia able, is not required to guage ms ex- penditures for the support of himsen and family so as to enable him to meet the obligation.
 Anpeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne. Affirmed. Opinion by Denson, J.
 Tysox. c. J., and Dowdell and Simp- son, qJ., concur.
 BIENvILLE WATER SUPPLY Co.' V.
 HIERONYMOUS BROS. Action for Breach of Contract to Furn-
 ish Water-(Decided February IL.
 J907-43 So. ReD. 124.N
 E i Waters; water supply; contract forfeiture for non payment or reht- one may not forfeit a contract Tor non payment of rent unless it is stipulated in the contract.
 Exceptions; bill of; construction: presentation of error-The bill of exeep- lions states that the defendant there unon offered in evidence ESQ much of Ahe said book as applied to plaintiffs account, in connection with the evid- ence of the witness" and it also ap- hears that the witness had testified concerning two or more books besides defendant's "semi- annual" book. It is not made to appear that the entries In one or the other books were correct.
The Montgomery advertiser., 1907-09-22
HENRY V. FRoHLICHsTEIN. Ejectment.-(Decided February


 1. Pleading; amendment: change of parties.-Since tenant in common. al- though entitled to only an undivided interest in land. may try the title thereto, it is not an amendment work ing an entire change of parties to per- init plaintiff to strike from the com piaint the words. Individually and as guardian for lunatic, aHd for the use of said lunatic," co-tenant.
 2. Appeal; objection to introduction of evidence in trial court; sufficiency. One desiring to take advantage of the provisions of Section 1531. Code, 1896. should object to the introduction of the deeds because not correspond ing with the abstract furnished, and cannot present the error in the ab-- sence of such objection.
 8. Trial; reception of evidence: statement of counsel as to expected proof; exclusion of evidence.-where the court properly admitted deed as color of title upon statement of coun- sel that proof of possession under 1t would be made. if such proof is noS made, the party objecting to its intro-
The Montgomery advertiser., 1907-09-22

8. Same; instructions.--A charge as- serting that if plaintiff was hurt while fixing to set temporary prop to sup- port roof. which fell on piaintiff. and plaintiff knew 1t was for such purpose, there must be a finding for defendant, pretermitting all negligence on part of defendant and hypothesiz- ing none on part o{ plaintiff. was er- roneous and properly refused.
 Appeal from Birmingham City Court
 Heard before Hon. Chas. A. Senn.
 Affirmed. Opinion by Dsnson, J.
 Tyson, c. J., and Haralson and Simp- son, u. concur.
The Montgomery advertiser., 1907-09-22
HARRfs V. THEus. Et Al.

Rill to Restrain Another From Engag-
 ing in Turpentine Business.-(De-
 cided February 14. 190T--43 So.
 Rep. 131.)
 1. Contracts: Restraint of trade; ie- gaiity--AIthough contracts in general restraint of trade are void as against public policy, contract is valid and enforcihle under which one sells an- other pine lease lands and agrees not to engage in the turpentine business within ten miles of a certain place so long as the other is engaged in that business there.
 that A will not engage in the turpen- tine business within ten miles of a certain place so long as B. operates . still at that place. prevents As engag- ing in the business. although B's tur- pentine still is outside the corporate limits of the town.
 8. Same; sufiiciency of consideration. The purchase of the turpentine busi- nes and leases by B was a sufficient consideration for the covenant that A would not engage in that. business within ten miles of the town so long as B. remained there in the business.
 4. Injunction: Breach of contract; stipulation for damages for breach That the contract stipulated for dam- ages for it's breach does not oust the
The Montgomery advertiser., 1907-09-22
of equity to snioin breach

Jurisdiction of equity to enioin a breach of the contract.
 5. Sahe; trade agreement--It is not necessary to wait until one engages in a business which win breach the con- tract, to invoke the aid of equity. as equity will enjoin a preparation to be- gin the business.
 6. Same; parties defendant; husband and wife--Upon the allegation that the defendant and his wife designed to evade an agreement made by defendant not to engage in a certAin business, by arranging to establish the business in the name of the wife. the wife is a proper party defendant to a proceeding to enjoin a breach of the agreement.
 Appeal from Geneva Chancery Court.
 Heard before Hon. w. L. Parks.
 Affirmed. Opinion by Denson. J.
 Tyson, c. J., and Haralson and Simp- son, JJ.. concur.
The Montgomery advertiser., 1907-09-22
wIrHERINnroN V GAINER.

Trial of Right of Property.--( Decided February A, 1907. 43 So. Rep.
 117.)
 Attachment: claim suit; amendment of affidavit.--where an affidavit in claim suit states that the property at- tached is not the property of the att tachment debtor, but Is the property of the. claimant, without stating the na- ture of the right or claim set up, such an affidavit is sufficient to give the court jurisdiction of the claim suit and to authorize an amendment setting forth the nature of the right or claim of claimant to the property.
 Appeal from Conecuh Circuit Court.
 Heard before Hon. J. c. Richardson.
 Reversed and remanded. Opinion by Haralson.f T.
 Tyson, c. J. and simpson and Dem son, JJ., concur.
The Montgomery advertiser., 1907-09-22
SMITH v. THE STATE.


 Habeas Corpus.-(Decided February 14.
 1907. 43 So. Rep, 129.)
 1. Criminal law; time of trial; dis charge for delay; discontinuances.-Pe titioner was convicted and sentenced to the penitentiary on January g, 1905, the judgment was affirmed, but on ap- plication for rehearing. on February {, 1905. the judgment was annulled and the cause reversed. and defendant re- mained in the custody of the convict department until the filing of this pe- tition for habeas corpus on December 23, 1905. Held, this did not entitle him to discharge for delay in trial. nor did the fact that one entire term of the Criminal Court of Jefferson Coun- ty had passed without an order hay ing been made in the case. entitle him to discharge because of a discontin- uance, as it appeared that at the next term a forfeiture was taken against defendant and bail and an alias capias issued for his arrest.
 9. Criminal law; discontinuance. - The omission by a ministerial officer or the passing of term of court with out entering an order continuing case on the docket, will not constitute such a chasm in a criminal prosecution as will work a discontinuance. dis continuance must come from some act of the court or prosecuting officer evil dencing an intention to abandon the prosecution. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre.
 Affirmed. Opinion by Simpson, J.
 Tyson, c. J., and Haralson and Dem son, JJ.. concur.
The Montgomery advertiser., 1907-09-22
BIRMINGHAM MIN. AND CONT. CO,
 V. SHELTON.
Damages for Personal Injury to Elm
 lIAnoi.l..l annz

Damages for Personal Injury to Em-
 p1oye.--(Decided February 14, 1907.
 43 So. Rep, 110.)
 1. Master and servant; operation of mine; injury to employe; evidence Evidence in this case examined and stated. and held sufficient to require a submission of the questions to the jury as to whether defendant was neg ligent, and as to assumption of risk and contributory negligence on part >of plaintiff.
 2. Same.--One working in a mine, whether servant of the operator, or working there by invitation. assumes the risk incident to the work. but in- creased risks caused from negligence of the mine operator, are not incident to the business.
The Montgomery advertiser., 1907-09-22
DINKINs v,sTHE STATE.

Selling Liquor Without a Idcense.--
 Decided February II, 1907. 43 So.
 Rep, 114,)
 Intoxicating liquors; ofrense; H. quors prohibited; malt liquor Under Acts 1ss6-s, D. 665, 1t is an offense to sell fluid containing malt, or a weak solution of malt liquor, although such liquid is without intoxicating ef- feet.
 Appeal from Montgomery City Court. Heard before Hon. w. H. Thomas. Revised and remanded. Opinion by Denson, J.
 Tyson. c. J.. and Haralson and simp- son, JJ. concur.
The Montgomery advertiser., 1907-09-22

duction should move to exclude 1t, if he desires to put the court in error.
 1. Appeal; taking objection in trial court. necessity of showing same irA bill of exceptIons.--This court will not review, on appeal. objections to the Introduction of evidence, in the absence of showing In the bill of exceptions that objection was offered to 1t in the trial court, and exception reserved to
 D. Ejectment; evidence of plaintiffs title; adverse possession.--Where plaintiff claimed title through the ad- verse possession of her father, deeds from her sisters and brothers to her were admissible to show that whatever possessory title her father had was vested in her.
 6. Evidence; admissibility; conciu- sion.-It Is competent in an action of ejectment, to ask witness how long certain person lived on the land claiming to hold" 1t for another per- son named.
 [. Adverse possession; color of ti- tie; what constitutes; possession of part; claim to whole.--In order to con- stitute deed color of title, the grantee must have taken possession of part Of the land therein described. claim Ing title hereunder to the whole.
 Q. EJecthenIt uiTeCtluB FeIuiCtb eV- idence; jury question.-Evtdence in this case examined and stated and held not to authorize a direction of a ver- dict for the plaintiff, as tine question of adverse possession, under it, was one for the jury.
 Appeal from Mobile Circuit Court
 Heard before Hon. Samuel Browne.
 Reversed and remanded. Opinion by Simpson, J.
 Tyson. c. J.. and Haraison and Dem son, JJ., concur. f