davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-11-02
These Prtoes WlN SeN Ther1.

Ensh oak and mahogany uprgh, fine makes exclusive XAO large wonderful bargains, INK T 
 Tams-CAsh payments to suit E2S0Mahosany upright" one ls popular makes colonial de 17S NOOVGgm elegant instrument every PbaO
 Tesms-Cash payments sak
 Upighis TWO in English oak fine make and the latest : %97S syl plan the other handsomely carved Yor GfO0 QOG e6ocs only 'paYE
 Tems-Cash payments to suit
 Mahogany upright fine make nehk carved venessed GA0(ide and large and handsomely carved Sak%DSA
 Tams-Cash payments to suit
 Mahogany and walnut upighG just left. both colo &AO SnaI designs will the two hr lucky buyers who seN VSh
 Teims-Cash payments to suit SSS0MAhosany uDdsha hshgade m'ks exclusive 'OsS07k DOOVarse and medium You can have choice
 Tems-Cash payments o suit eA7S Mahogany and English oak upright" best makes best 0A OU medium and large plain and fancy Dt12 choice at only ....:. ...... .....:. .:..........~@1O
 Tems-Cah payments to suit
 Mahogany upishn left GGesept makes. both high ~ = &S1fle grade elegant designs carved: your eoce$ @17
 Tems-Cadh payments suit Upnshh only eE all different makes, highest grade . &h(1(A6nes brought to Montgomery. One pa the other 2Sz wv richly carved Your choice only $336 and P>&
 Tems-Caah payments suit
The Montgomery advertiser., 1908-11-02
CARLETON V. CENTRAL OF GEoR-
 CHA RY. co. Damages for Death of Passenger.- Decided April 2S. 1908. 46 South.

CHA RY. co. Damages for Death of Passenger
 (Deeided April 2s. 1908. 46 South.
 495,)
 1. Appeal; ruling on pleading; prejudice.-Although demurrers were sustained to certain counts of the conn plaint, such ruling was not prejudi- ciaI to plaintiff. where plaintiff sub sequently filed counts stating substan- tialIy the same cause of action. and under which all of the evidence which would have been relevant to the orig inal count was admissible.
 2. Carriers; duty to passenger.- The carrier owes to it's passenger the duty to provide a safe place for him to ride and to see that he Is treated with respect by its servants. and not exposed to unnecessary peril.
 8. Same; regulation; different class es.-A carrier may make and enforce regulations providing different cars for white and colored passengers, but its conductor. in requiring white passen- gers to leave the car provided for col- ored passengers, Is bound to do so In a reasonable manner and at such time and under such circumstances as not to expose the passenger to increased danger.
 4. Same; jury question Tt is question for the jury to decide wheth. CT the passenger was killed by breach of duty on the part of the con- ductor. where 1t appeared from the evil dence that such passenger was killed by falling from train in rapid mo- ton. while being pushed by the con- ductor from the car provided for col. ored passengers into that provided for white passengers.
 Appeal from Tallapoosa Circuit Court.
 
 Reversed and remanded. Opinion by Simpson. ].
 Tyson, c J., Dowden and Mcclellan, U :, concur.
The Montgomery advertiser., 1908-11-02
THORNTON V. BRAMLETT.

Damage fro Trespass of Stock-(De-
 cided May i4. 1908 46 South.
 577.)
 1. Animals; stock law: election.- Under provisions of the Acts. 1900-01, D. ITO G4ocal Stock Law for Etowah Ceunty) the holding of a previous in- valid election does not prevent a hold ing of a second legal election to &C., complish the result sought by the in- valid election.
 2. Same.-Where the first election sought to be held to establish the stock law district was not held ac- cording to the provisions of Acts, 19O0- 01. page ITO, and was so declared on contest of same. such election was no bar to the secolAi election in the same territory held under the provisions of said act, although Section provides
The Montgomery advertiser., 1908-11-02
ROSS V. GRAY EAGLE COAL co. Unlawful Detainer.-(Decided May A.

Unlawful Detainer.--(DeciQed May 14,
 1908. 46 South. 5s4.l
 1. Unlawful detainer; demand: mo- tice: termination of rental contract. waived. to enable the landlord to maintain unlawful detainer. where the rental contract does not by it's terms terminal ethe tenancy.and deprive the tenant of any possessory interest in the premises; the office of one notice be- ing to terminate the relation. and the other being a demand after the termi- nation.
 2. Same: demand: suficiency.-A de- mand by a landlord upon the tenant. made before the expiration of the pos- sessory right of the tenant, to vacate the leased premises at oncee while suf- ficient probably to terminate the rela. tion at the end of the period, is in- sufficient as a demand for the prem ises after the termination of the ten- ants possessory interest.
 Appeal from Shelby Circuit Court.
 Heard before Hon John Pelham.
 Tyson. C. j.. Dowdel and Anderson, JJ., concur.
 HILL. ct al. vs. HOUK. ct al. Bill to Prevent Diversion of Property
 fro mthe Use for Which 1t was Ded-
 icated .-(Decided May 21. 1908.
 46 South. 562.)
 1. Appeal; questions presented: as- alignment of error Where the over ruling of a demurrer Is assigned as error, and counsel in brief discuss and insist upon the questions raised, such assignment will not be considered.
 2. Dedication; revocatlon.-A bill filed by trustees of a public school dis
The Montgomery advertiser., 1908-11-02
WICK V. THE STATE.

Crime,-(Decided May 2t, 1908. 46
 South, 566.
 Appeal; when lies; criminal case.- It Is only from a Judgment of convic- ton that an appeal will lie in a crim- inal case. and unless the record dis- closes such judgment, the appeal will be dismissed. (Sectien 4312, Code. 1s96.)
 Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene.
 Appeal dismissed. Opinion by Dem son. J.
 Tyson. c. J.. Haralson and Simpson. JJ., concur.
The Montgomery advertiser., 1908-11-02

versation with deceased; and also why a defendant had moved to a certain place. the latter also calling for a se- cret and uncommunicated motive.
 g. Criminal law: evidence: instruc- tion-A charge asserting that one sef- ting LID self defense has the burden Of showing that there was a present. in1- pending danger, real or apparent to life or limb, or of a grievous bodily harm. from which there was no other probable means of escape, is faulty as recurring a too high degree of proof.
 g. Same; sufficiency of evidence: ins struction. charge asserting that in order to sustain conviction the jury is only required to believe beyond reasonable doubt that the shooting oc- cured in W. County before the ind. ing of the indictment. is patiently bad for emitting many clements of the of- fense charged.
 10. Homicide; previously formed de- sign; instructions.-A change asserting that defendant is guilty of murder II he shot and killed deceased with pre- viousy formed tssign to take llfe. iS patently bad, as with such design the killing may have been in seif de" fense.
 Appeal from Walker Law and Equity Court.
 Reversed and remanded. opinion oy Haralson, J.
 JJ., concur.
The Montgomery advertiser., 1908-11-02
Head Notes Of the Decisions
 Of the ALaban,a Supreme Court

press the minds of the jury with de- fendant's guilt, they should acquit. are properly refused, since the convic- ton should be had upon the whole evidence in the case.
 {. Homicide: trial; instruction.- Where, under the issues made by the pleading and evidence, neither an as- sauIt and battery, nor an assault with intent to murder are involved, charges authorizing a verdict for either Of such offenses are abstract and properly refused.
 Appeal from covington Circuit Court
 Heard before HoS. H. A Pearce
 Affirmed. Opinion by Simpson. J.
 Tyson. c. J., Dowdell and Anderson JJ., concur.
 LOGAN V. THE STATE. Assault and Battery.-(Decided April
 23 1908. 46 So. Rep. 4So)
 1. Homicide; ma@%saughter: provo cation.-where husband find man in the act of adultery with his wife. and immediately kills him, he Is guilty of manslaughter by reason of the prov" ocation.
 ?. Assault and battery: Justifea- tion.-A hubsand finding a man in the act of adultery with his wife. and im- metiiately shoots the man, without in- fifcting a serious or fatal wound, IS guilty of an assault and battery with a weapon, and charge that if accused assaulted prosecutor with a gun. the jury must convict notwithstanding the provoeation, Is proper.
 Appeal from Hale County Court.
 Heard before Hon. w. C. Christlan' Judge.
 Afirmed. Opinion by Simpson, J..
 Tyson, c. J. and Dowden and An- derson, IT,, concur.
The Montgomery advertiser., 1908-11-02
At the Seals Piano & Organ Co.'S Store. Where the Balance of the Entire Stock formerly owned by the Wells Piano Co is being Closed out. A feast for
 Piano buyers, the last day day
 of sensational Price Cutting.
BIG EXTRA CUT ON ALL PIANOS

WE ARE DETERMINED TO CLOSE OUT EVERY INSTRUMENT BY MONDAY NIGHT, AND COST OR FORMER PRICES WILL NOT DETER US. THEY MUST BE SOLD
 AT SOME PRICE, ON SOME KIND = OF TERMS
The Montgomery advertiser., 1908-11-02
THOMAS V. THE STATE.

THOMAS " THE STATE. Larceny.-(Decided May 2l, 1908. 46
 South. 566.)
 1. Larceny; grade of offense.-Tn order to constitute grand larceny the property stolen from a dwelling must be of the value of $5 or above. and if the value of the property Is less than $5 the offense Is petty larceny. (Con- struing Sections 504ss 5050. Code. 1s96.)
 2. Same; judgment; sentence = Where defendant was indicted for the larceny of property from a dwelling house of the value of more than $5. and was convicted as charged in the indictment. and the value of the stolen property assessed at s4.35. the de. fendant was properly sentenced to hard labor to the county for one year. and 132 days to pay costs. the sentence be- ing for petty larceny.
 Appeal from Jefferson Criminal Court.
 Heard before Hon. S. L.. Weaver.
 Affirmed. Opinion by Haralson, J.
 Tyson. c. J.. Simpson and Denson, JJ., concur.
The Montgomery advertiser., 1908-11-02
NASHVILLE c. & S. L. RY. V. WOODS. Assumpsit.--Decided May 20. 1908. 46

South, 5s1.)
 Contract; breach: action for: proof; variance. Under a contract which pro- vides that defendant was to buy from plaintiff such cress ties as could be procured within a certain territory, recovery could not be had upon evt- dence which shows that defendant agreed to purchase from plaintiff the ties which plaintiff was to purchase from a designated person, and deliver to defendant, as the same constitutes A variance from the contract relied on.
 Appeal from Marshall Circuit Court.
 Heard before Hon. w. w. Haralson.
 Reversed and remanded. Opinion, by Tyson c. J.
 Haralson. Simpson and Denson, JJ., concur.
The Montgomery advertiser., 1908-11-02

TREMENDOUs SACRIFICB sALH VF
 HIGH-CLASS FURNITURE.
 s5O,OOO Stock of Ellis-GFant FgFn.- ture Co.,, must he sold nt once N s,,.nerntIye that this stock be turned into money immediately. Greatest bar gnins ever heard of in the South. See bir advertisement in tOday's Advertiser
 NATIONAL SALES co.
The Montgomery advertiser., 1908-11-02


 VANDIVER & co. Damages for Killing Mule.-(Decided
 April 23, 1908. 46 South, 524.) 1. Appeal; review; refusal of new trial Where the evidence Is conflict ing a refusal to grant new trial be- cause of insufficiency of evidence will not be disturbed, the credibility of the witnesses being for the jury
 2. Same; exceptions, bill of state ment of evidence. Where the bill of exception does not purport to contain all the evidence, the court will not be put in error for refusing to give the affirmative charge.
 3. Same; assignments of error.- Where the assignment of error is to the refual of the court to give three charges such assignment is not sus- tained unless the refusal of each was error.
 {. Municipal corporations; defective streets; contributory negligence.-The fact that there was a red lighted lan- tern at the intersection of one street with another does not make 1t contrib utory negligence as matter of law for one to drive into such street.
 Appeal from Montgomery City Court. Heard before Hon. A D. SaXre.
 Affirmed. Opinion by Simpson, J.
 Tyson. C. J., Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1908-11-02
TILLERY. ct al. v TILLERY, Bill for Removal of Estate from Pro bate to Chancery Court and fo ra..-.nnnn (nnnidod

Bill for Removal of Estate from Pro-
 bate to Chancery Court. and for
 Other Purposes.-(Decided April
 23, 1908. 46 South, 5s2.)
 l. Administration of estate: remov- al from Probate to Chancery Court; parties-The allegation that oratrix was the sole heir of decedent. being his daughter and only child, is dis tinct allegation of heirship and car ries with it the meaning of legitimate offspring.
 g. Words and phrases; "chiId ."- The word "child." in the absence of any fact or circumstance indicating a contrary meaning, means legitimate offspring.
 3. Partnership; dissolution by death; right of surviving partner.- The assets of a partnership. dissolved by death of one of the partners. vest in the surviving partner for the pur. pose of winding up the business. sub ject to the rights of the ierS repre- sentative of the deceased partner to call upon the surviving partner for settlement.
 4. Administration of estates; re- moval: parties.-Since surviving partner has no interest in the admin istration of the estates of the deceased partner nor the administration of such estate, any connection with the set
  cept the right of the administrator to call upon the surviving partner for a settlement. a surviving partner is not a proper partner to a bill to remove the administration Of the deceased partners estate from the Probate to the Chancery Court. 5. Executors and administrators: rights of administrator.-Asa a general rule the personal representative is alone authorized to demand, receive, collect. disburse and distribute the personal assets of the estate. 6. Descent and distribution: right of heir-The heir is without author | ity to sue to enforce any claim owned by the estate or to bring the debtors | of the estate to a settlement without showing either that the administrator refused to do so. or is in coTlusion with the debtors, or occupies a posi- tion antagonistic to his duties as ad- ministrator.
 Appeal from Lee Chancery Court. Heard before Hon. W. W. White | side.
 Affirmed in part and reversed and rendered. Opinion by Simpson. J.
 Tyson. c. J., Haralson and Denson, JJ., concur
Willmar tribune., 1908-04-29
First Publication, April 1-7t)
Sheriff'S Sale of Real Estate
Under Judgment of Foreclosure.

STATE OF MINNESOTA
County of K Kandiyohi
District Court, Twelfth Judicial District.
The American Mortgage and Investment
Company corporation, Plaintiff
Henry H. Kruger, John Fuhrm ann, George
M. Blocker, A. F. Kelly and Harold Swanson
Defendants.
Notice is hereby given that 1, the undersig-
ned, Sheriff of said County under and by
virtue of Judgment and Decree of the above
named court, entered and dated the 3rd day
of February, 1908, in the above entitled
action, certified copy of which has been
delivered to me with instructions to enforce
May, 1908, at the hour Of ten O'Clock a. M
Of said day, at the front door of the County
Court House, in the City of Willmar, in said
County and State, offer for sale and sell at
public auction. to the highest bidder, for
cash, the following described premises stu
Minnesota, tO-wit:
The South half of the Southeast quarter
and the east half of the Southwest quarter of
Section %, and Lots two (2) and three (3)
Range 81, West of the Fifth Principal Merid-
ian, or SO much thereof as may be sufficient
to satisfy the sum due plaintiff, amounting
to $5O6.34, and interest thereon from the
3rd day of February, 1908, at the rate of
3 per cent per annum, together with all ac-
Said above described parcels will be offered
separately, and the proceeds of said sale will
be applied in the manner directed by said
Judgment and Decree,
Dated at Wi1lmar, Minnesota, March 2Sth
1908. PETER BONDE.
Sheriff of K andiyohi County, Minnesota.
GEORGE B. EDGERTON,
PLAINTIFF Attorney.
Willmar tribune., 1908-04-29
CANNOT FOOL
THE FARMERS
Lake Lillian, April 90. 1908,

Lake Lillian, April TO-, 1908.
Editor Tribune: It makes an
old, grayhaired farmer like me
heave a sigh of relief to find that
there are 467 men in Willmar who
have not bowed their knees before
any potentates. But it must be ex-
asperating for those fellows who
thus see their favorite ideas repudi-
ated by the people time and again.
The other day my eyes beheld a
brilliant star that seemed intended
to blind the eyes of the farmers
with it's superlative brightness.
In case there are some land l reck-
on there are many who did not see
this wonderful manifestation,
will thru the Tribune reflection
glass send them a beam of the light.
Here it is: without the brew
cries, the farmers Of Minnesota
would be without one of their most
profitable crops and be out of pock-
ct many millions Of dollars" Yes,
my farmer brethren, that sounds
good, don't it? | can just imagine
how the Gazette's mouth watered
while it was chewing over thatbarley
stuff dished up by the Weekly Dis
patch Of Feb. II, 1908. l suppose
it was the intention to get the peo-
pie in Willmar to sympathize with
the poor farmer and vote in the sa-
loon to help him get market for
his barley. 1t was probably figured
also that when the farmers saw this
mirage spread out before their eyes
they would cease their opposition
to the saloon. But if l am not bad
ly mistaken we have had brewers
and breweries almost as long as we
have had farmers and barley, in
this country, yet the price of bar.
ley-except under the peculiar con.
ditions Of last fall-has never been
anything to brag of. Furthermore,
there are more people than brewers
and barley raisers that must be tax.
en- into. consideration. How many
farmers are there not whose barley
and farm, too, have landed in the
pockets Of the brewers. 1 reckon
the best thing for ourselves, ou>
children and our farms is to get ric
of the saloons and raise the thing:
that humanity actually needs
Then shall both city and country
flourish and prosper.
A Farmer.
Willmar tribune., 1908-04-29
Oliver In Becker County.

O. H. Thompson, late of Fargo,
N. D., has purchased the mercan-
tile business of VIM. Vosburg, at
Lake Eunice, and Tuesday his fami-
ly and household goods arrived in
the city, says the Detroit Record of
April II. Mr.. Thompson intends
to continue the Lake Eunice store
which his predecessor has operated
for number of years. He will
carry a full line of general mer-
chandise such as is usually found
in similar establishments and will
also make an effort to cater to the
summer tourist trade. He has had
experience in the mercantile busi-
ness and we prophesy that he will
be welcome addition to the coun-
ty in general and the Lake Eunice
neighborhood in particular.
Willmar tribune., 1908-04-29
First Publication April s-7t.]
MORTGAGE Foreclosure Sale.

Default having been made in the payment
of the sum of Two Thousand Eight Hundred
Eighty one and 5O-1OO Dollars, principal and
interest, which is claimed to be due and is due
at the date this notice upon a certain Mort
gage, duly executed and delivered by HermanJ
Okland, an unm arried NJ Ian, Mortgagor, to E.
Railson, M Mortgagee, bearing date the 9TH day
Of February 1906, and with power of sale
therein contained, duly recorded in the office
of the Register of Deeds in and for the Coun-
the 10th day of February 1906, at + O'Clock
page 1854.
Which said Mortgage, together with the
6. p. karwand as administrator of the es-
tate Of said Even Railson, Mortgage, to H.
J. Strand by written assignment dated the
18th day of January 1908, and recorded in
the office of said Register of Deeds on the 6 tn
day of April 1908, at 3:15 O'Clock P. NJ, in
Book No. 33 Of Mortgages on page 209; and
no action or proceeding having been institu-
ted, at law or otherwise to recover the debt
secured by said Mortgage or any part
thereof.
That by virtue of the power Of sale contained
in said NJ ortgage, and pursuant to the sta
tute in such case made and provided, the said
Mortgage will be foreclosed by a sale of the
Mortgage, viz: The South West Quarter of
Section Ten (1O) Township One Hundred
Twenty-two 122) Range Thirty six (36) in
kandiyohi County and State of Minnesota,
with the hereditaments and appurtenances;
which sale will be made by the Sheriff of said
kandiyohi County at the front door of the
Court House. in the City of Willmar in said
1908. at O'Clock P. NJ, of that day, at pub.
lie vendue, to the highest bidder for cash,
to pay said debt of Two Thousand Eight
and interest. and the taxes if any, on said
premises and Fifty Dollars, Attorneys fees,
as stipulated in and by said Mortgage in
case of foreclosure, and the disbursements
f0 at
any time within one year from the day OF
SALE as provided by law.
Dated April 7th A. D. 1908.
H. J. STRAND,
Assignee of M ortgagee.
T. o. GILBERT, Attorney for Assignee OF
Mortgage, Willmar, MINI.
Willmar tribune., 1908-04-29
Sale of Ditchinq Jobs.

NOTICE IS HEREBY GIVEN, That on
the 5th day of May, 1908, at three O'Clock P.
Nj; at the Office Of the County Auditor in the
of Minnesota, l will sell the jobs of digging
and constructing Judicial Ditch No. 2 of
Renville and kandiyohi Counties, establish
ed by order OF the District Court of the
Twentieth Judicial District in and for Renville
County, MINI. said order bearing date Nj arch
25th, 1908, viz:
For the work as one job, and also for one
or more sections of 100 feet each, and also for
one or more Of the construction jobs each of
said sections to be known and numbered by
stakes as shown by the report the Engineer
in said matter, commencing at the one in
Guiding the outlet, and from thence, success
sively, up stream to the one including the
source, and also the jobs Of digging and con-
structinR lateral bitches numbered and 2of
said Judicial ditch No. 2, of kandiyohi and
Renville Counties, to the lowest responsible
bidder or bidders, and that bids are invited
for said work. Said work to be completed
within the time required and in the manner
specified in said Engineers report. No bid
will be entertained which exceeds more than
mate cost of construction, in any case, as
stated in said order; and the successful bid
DER VIII be required to give satisfactory
of said Counties, with two freehold sureties,
for the faithful performance and fulfllment
of his contract, and to pay all damages that
may accrue by reason of his failure to COM
plete the job within the time required in the
contract. The said order and estimates and
profile are on file and may be seen at my
Office.
The approximate amount of work to be
done in the construction of such ditch is as
follows:
Number OF cubic yards Of dirt to be excav-
ated, 292 ,473.
Average depth of ditch, nearly feet, width
of bottom, 10 feet.
Length of ditch 3 miles.
The estimated total cost of the work is
$26, 6,71S.72.
All bids must be accompaied by a certified
check payable to the County Auditor of Rem
Vile County, for not less than ten per cent of
the amount of each bid.
The right to reject any and all bids is here
by reserved.
| Dated this 9th day of April, 1908.
H. J. LEE,
County Auditor, Renyille, County, MINI.
(Seal of County AuditOr.1 90
Willmar tribune., 1908-04-29
Democratic County Convention.
Official Call.

OAAAS404 OC1l4s
A Democratic Mass Convention
for the County of Kandiyohi, State
OF Minnesota, will be held on Sat-
urday, May 9, 1908, at 200 O'Clock
in the afternoon Of said day, at
Bonde Hall in the City of Willmar,
for the purpose Of selecting eleven
delegates to the Democratic State
Convention, to be held in the City
of St. Paul, on Thursday, May IA,
1908, for the purpose Of choosing
twenty-five delegates and twenty
two alternates to the National Dem
ocratic convention to be held at
Denver, July Z, 1908, to nominate
candidates for president and vice
president Of the United States.
Also for the purpose of designat-
ing a resident of said county who
shall be recommended to the state
convention for election as a member
of the state central committee, and
transact such other business as may
properly come before the said con-
vention.
All voters of Kandiyohi County
who believe in the principles of the
Democratic party are entitled to
take part in the convention.
Dated at Willmar this 9Th day Of
April, 1908.
A. 0. Forsberg,
Chairman.
J. L. Jarrett,
Socrotarv nrO tQm