The Montgomery advertiser. [volume], October 17, 1924, Page NINE, Image 9

About The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
DAN HOLT LOSES
V III ML CASE
Montgomery Given Decision b)
Supreme Court; Other <
Cases Decided %
Decision in favor of the city 01
Montgomery, rendered, by the Mont'
• gomery circuit court In tbo caao 01
D«n 8. Holt, vi. tbo city, vu affirmed
l>y th* Alabama Supremo court, ThurS'
day. Action represented a suit by Mr
Holt on a contract with the city for th<
supplying of gravel, alleging that the
city did not take as much gravel ai
had been agreed upon.
The contention made by the plain'
Th* Baby** Smtt*
ICl peaceful, isstM slumber; a bee*,
arm, brlsht disposition; a perfectly
regulated digestion, and
■rs. WlnlNr't Sm
00 BAND IK HAND
happiness. Mrs. Wins
low's Bjrua—■ atfa,
harmless, erfectlre cor*
Ndlfe of digestive dis
orders for bablsa and
llU|s children. Non
narcotic, non-alcoholic,
opsiv formula.
AtaUDraoMa
All are necessary ta
the baby's health and
5E
----
■ HOBS FOR THE WHOI.R FAMILY
Ob Outer Att, t TUri •( ■ Chiu?
__ -j
Retail
PRICE LIST
— or —
f
Bulbs
For Fall 1924
Single and Double Dutch
Hyacinths, dozen .$1.20
Cfocus, yellow, white and
striped, dozen. 60c
Cup Narcissus, Sir Wat
kin, dozen .$1.00
Qolden Spur, dozen.$1.25
Emperor and Empres^,
dozen ..-.$1.25
Trumpet Major, dozen ..$1.25
Poeticus Ornatus, dozen $1.00
Barri Conspicuus, dozen $1.00
Double Narcissus, Alba
Plenc Odorata, dozen .. (foe
Orange Phoenix, dozen . .$1.25
Single and Double Jon
quils, dozen. 756
Single and Double. Julipa, -, „
dozen ...v.. 70<r
Darwin Tulips, dozen ...$1.00
Paper White Narcissus,
dozen .J. 75c
Postage 10c extra per dozen
'Sxu/Jt tifitkyUouHatf?
Rosemont
Gardens
“Alabama’s Leading Florists’’
116 DEXTER AV£.
PHONE 200
tiff was really on* of 1mm of the p)t
from which the (ravel wu to bo tak
en and that the agreement of the cltjr
to take not Iom than a specified nun*
i her of cubic yards of (ravel at a
(lven sum, was In fact an a(reement
to pay rent. Suit was for the full
, purchase price of the'feravel which the
city had refused to take. It was al
le(ed.
In the opinion by Justice I* D. Gard
ner, the Supremo court held that the
contract'Nraa not a lease, but was for
the sale of (ravel only with a license
■ (ranted to the city for Its removal
and that the amount sued for. could
1 not be recovered by the plaintiff.
Sew Trial Wanted.
' New trial was granted by the Su
preme court in the geae of Mrs. J.
1 K. Pearce vs. 8loM-8heffleld Steel and
Iron company, appealed from Jeffer
1 son county and lnvolvln( a suit by
Mrs. Pierce for recovery of dama(es
for destruction by fire of personal
proper t;r. alleged to have been sua
. talned through burning of a building
owned by the company. The fire and
resultant loss of property charged,
was due. It was alleged to the neg
ligence of the company In having a de
fective electric wiring In the build
ing destroyed. Judgment was rendered
by the trial court, for the defendant,
but the Supreme court In reversing and
remanding the case, held the matter
was entitled to a new trial before a
jury on the question of negligence.
Decree of the Jefferson circuit court,
overruling demurrers of the respondent
company to the bill of complaint of the
city of Birmingham, In the case of
Birmingham Belt Railroad company
vs. City of Birmingham, waa af
firmed. The bill filed by the city seeks
to require the company to remove rall
, way tracks from Sind street In Blr
mlngham, claiming these tracks con
stitute a nuisance. Xffect of the de
cision Is to hold the city's bill of
complaint valid.
Judgment of the lower court was
affirmed In the case of the Bank of
Ramer vs.. J. W. Darden, appealed
from the Montgomery circuit court,
| and Involving possession of a number
of bales of cotton.
A .boat equipped as a model school
has been sent to Alaska by the U. S.
I bureau of education, to teach natives
j trades. Including radio and cooking.
Rfch Milk, Malted Orate at. in powder
form, make* The Food-Drink foe All Ages.
Diceadble—No Cooking. A light Lunch
! always at hand. Also m Tablet form.
| Ask for "HorUok’*.’’ at all Fountain.
OT AaoM laritatians - gabalttatas
| BEN FRANKLIN said—
; “He that pays ‘ready cash’ escapes!”
■ —Ben Knew What He Was Talking About
Saturday’s
Business Builders
100 “NEVER DRIP”
Tea Strainers
v Not a “three hour sale’’ — the * first
• hundred smart housewives get ’em!
»!♦♦♦ WHW
h Polished and ebomzed
S; handle — QUADRUPLE
[ SILVERPLATE GOLD
[ LINED S T R AINERT—
l guaranteed “never to
jj drip!”
“SAVES THE
TABLE CLOTH!”
(Mail Orders Add 5c Postage)
Money back if you can beat this
price elsewhere
j|Doing a little more than we need to do for our customers
1—is a good way to have our customers need us to do more
■for them!
tbbu odubmiow or JEVHEB3
11 DEXTER AVE
11 HIGH COURT DECISIONS |
v. - - ■ '
The following decisions war* as
Bounced by th« suprsme court of Ala
bama, Thuraday:
ANDERSON, C. J.—
Annie O. Engrain v. Georg* - H
Thomaa, appaal from Barbour circuit
court, (Tranafarrad from court of ap
paala). Reversed and remanded.
Continental Auto Inauranc* com*
pany, v. T. H. Traywtck, appaal from
Jefferson clrouil court. (Tranafarrad
from court of appeal*). Affirmed.
R. O. Simpaon, at al ▼. Will H.
Boyd, appeal from Jafferaon circuit
court. (Tranafarrad from court of ap
peal*). Affirmed.
Ez parte J. W. Tucker (Thacker v.
State), petition for certiorari to court
of appeal*, writ denied.
Bank of Odanvllla y. J. E. Hannah,
at al., appeal from St. .Clair circuit
court. (Tranafarrad from court of ap
peal*). Affirmed.
SAYRE. J.— « .
U. S. C. I. P. and F. company,
y. Uriah Fuller, appeal from Jeffer
aon circuit court. (Beaaemar dlvtalon).
Raveraad and remanded.
Ez parte Sloaa-Shefflald Steal and
Iron company, petition for certiorari
to Jafferaon circuit court. Writ de
nied and judgment affirmed.
Jaa. Wm. Fielda, et al v. Wm. M.
Field*, appeal from Jefferaon circuit
court, (Eq.). Revaraed and remand
ed.
Sylvester V. Blythe v. Eugene F.
Enslen, et al.. appeal from Jafferaon
olroult court (Eq.). Affirmed.
T. C. Cairns, et al. v. S. R. Bethea,
appeal from Walker circuit court
(Eq.). Affirmed.
Dlzle Construction company v. Ada
.McCauley, appeal from Jefferson cir
cuit court. (Transferred from court of
appeals). Affirmed.
Louisville and Nashville R. R. com
pany y- A. H. Cleaver and company
-appeal from Jafferaon circuit court.
(Transferred from court of appeals).
Reversed and remanded.
Ez parte Cent. Iron and Coal com
pany., petition for certiorari to court
of appeals. Writ denied.
Charlie Burke v. J. E. Tidwell, ap
peal from Etowah circuit court.
(Transferred from court of appeals).
Reversed and remanded.
W. B. Rice v.v Charles R. Davidson,
et al., appeal from Marahall circuit
court (Eq.). Reversed and remand
ed.
Bank of Burner ▼. J. W. Derden, et
al., appeal from Hontfonurr circuit
court. (Transferred from court of ap
peale). Affirmed.
Dan 8. Holt v. City of Montgom
ery, appeal from Montgomery circuit
court. Affirmed.
Kerlln-Patterson Lumber company,
v. Eufaula Hardware company, ap
peal from Barbour circuit court.
(Transferred from court of appeals).
Reversed and remanded.
W. R. Barrow v. Oeorge Huguley,
et al., appeal from Chambers circuit
court (Eq.). Affirmed.
Mrs. J. E. Pearce v. Sloss-Sheffleld
Steel and Iron company, appeal from
Jefferson circuit court. Reversed and
remanded.
Birmingham Belt R. R. company v.
City of Birmingham, appeal from Jef
ferson circuit court (Eq.). Affirmed.
Deanle H. Burkett v. Minnie L.
L Newell, appeal from Jefferson cir
cuit court (Eq.). Reversed and ren
dered. *
Rms M. Wilder v. Irma M. Loehr,
et al.w(and cross-appeal), appeal from
Jefferson circuit , court (Eq.). Af
firmed. •
Lett V. Vinces v. J. W. Wllcutt, et
al., appeal from Walker circuit court4
(Eq.). Affirmed.
Decatur Fertiliser company v. 8. J.
Wallace, appeal from Marshall circuit
court. Reversed and remanded.
MILLER. J —
W. T. Scales, et al. v. Rosenbush
Furniture company, .appeal fromf Sum
ter circuit court. (Transferred from
court of appeals). Reversed and re
manded. '
Atlantic Coast Line Railroad com
pany v. Enterprise Oil company, ap
peal from Coffee circuit court. (Trans
ferred from court of appeals). Re
versed and remanded.
Illinois Central Railroad company
v. T. P. Posey, APPeal from Marlon
circuit court. (Transferred from court
of appeals). Affirmed.
City of Bessemer v. J, C. Pope, ap
peal from Jefferson circuit court.
(Transferred from court of appeals).
Reversed and remanded.
Ruling on applications for rehear
ing:
Clarence Bailey v. the State; appeal
from Montgomery circuit court; over
ruled; date of execution set for Fri
day, November 28, l»r(.
Town of Capitol Heights v. L. Stein
er; appeal from Montgomery circuit
court; overruled.
Oeorge Herlon v. the State; appeal
from Pike circuit court; overruled.
Alabama Chemical company v. S. F.
Hall; appeal from Covington circuit
court (Eq.); overruled.
South Atlantic Guano company v.
J. G. Childs; appeal from Geneva clr
Alf Marc v. State; appeal from Jef
ferson circuit court; overruled.
Frank L. Brlzendine, administrator
v. American Trust and Savings Bank,
et al.; appeal from Jefferson circuit
court (Eq.); overruled.
Ex parte ' Priestly Trimble (Re:
Trimble v. Town of Haleyvllle); pe
tition for certiorari to court of ap
peals; overruled (Opinion).
State ex rel. W. W. Harmon, et al.
v. S. D. Murphy; appeal from Jeffer
son circuit court; overruled.
Thompson and Donchoo v. Mobile
and Ohio Railroad company; appeal
from Tuscaloosa circurt court; over
ruled.
Margaret A. Davis v. Ann Harris,
et al.; appeal from Jefferson circuit
court (Eq.); Overruled.
A. M. Boyte, administrator, etc. v.
John H. Perkins, Jr., administrator,
etc.; petition for mandamus and mo
tion to modify decree; overruled.
Mary McFry et. al. v. S. B. Casey;
appeal from Cherokee circuit court;
overruled.
Hentle C. Watson, administrator v.
Gaga A. Hamilton, administratrix; ap
peal from St. Clair circuit ceurt (Eq );
overruled.
J. T. Haslewood \\ Martha F. Wal
ker: appeal from St. Clair circuit court
(Eq.) overruled.
Ex parte State of Alabama, ex rel.
Attorney General. (Re: Albert Wil
liams v. State); petition for certiorari
to court of appeals); overruled.
Robert Rolling v. A. C. Gunter, et
al.: appeal from Marshall circuit court
(Eq ); overruled.
Lucas E. Moore Stove company y.
C. M. Kennedy, et al.; appeal from
Franklin circuit court (Eq.); applica
tion 'granted. Judgment of afrirmance
withdrawn and reversed, rendered and
remnaded.
Decisions announced hy the Supreme
court of Alabama, Thursday, October
16. 1924: ,
MILLER, J —
Felton Mann, et al. v. F. E. Hutcher,
appeal from Jefferson circuit court.
(Transferred from court of appeals).
Affirmed.
Jack Smith v. E. D. Lewis, appeal
from Jefferson circuit court (Besse
mer division.). (Transferred from court
of appeals). Affirmed.
Rufus J. Whatley v. E. K. Taylor,
appeal from Randolph circuit court.
(Transferred from court of appeals).
Reversed and remanded.
('. W. I.owry v. G. E. Hill, appeal
from 1 >e K ajh probate court. Motion
scanted and appeal dismissed.
N. C. and St. L. Railroad company
v. Everett Nance, appeal from Madi
son circuit court. (Transferred from
sourt of appeals). Reversed and re*
nanded.
Judgs McCord to Address
Millbrook Christian Endsavor—
indfi Lmi McCord will apeak to
the jromt people'of Millbrook at Chris
tlan Endeavor meeting Sunday eve
nlvi. October If,, at T:00 o'clock. The
meeting will be held at Trinity chapel.
Thre* Arts Club Hblds
Interesting Masting—
The Three Arte club, the lateet ad
dition to the- literary clubs ot the city,
met Thursday afternoon at the home
of Mrs. Ben Clements on the Interact
ing program Included a reading “The
Able McLaughlins" given by Mrs. Joe
Carter and a paper on Margaret Wil
son by Mrs. Bruce Holding.
AMUSEMENTS
All matter appearing In this
column la furnished The Advertiser
by tbe theater
V___
I EMPIRE—RaUlon Navarro and Enid
Bennett In "The Red Lily." Harry
Langdon In “The Cat’s Meow.” Paths
News. Orantland Rico's “Building
Winners."
STRAND—Rln Tin Tin "Find Tour
Man.” "Fast Steppers,” a Gerald
Beaumont race story. "Stttln Pretty,”
a tHal Roach comedy.
PLAZA—Rufolph Valentino In “Mon
sieur Boucalre.”
GRAND—Matinee and night—l(elth
Vaudeville.
1 ' 1 —■
FOR THE CHILDREN
■r- iuixchi iam.
C*tni(U 1M4 by RnnHHr Vm>
tin ItnlMi Imi mm* Hut*
, geaeevy AlnUlnt.
V _ JI
"Oh, iMr!" Bitty exclaimed. drop
pins thi himtnir and hugging hir
finger undir her arm to ko«p It from
■tinging. ‘1 can't ■•• why glrla can’t
hammer without hammering tholr ftng
•ra. “It'a funny too, that woman can’t
build houaaa. I wonder why."
"Becauae they don't have to In
America," laughed a merry volee, and
a dear little elfin hopped up beside
Betty and nodded hla head. “But In
Africa, you can't find a man working
on a houae. The women do all the house
building while the men do the other
work."
"Oh, Oocomeback," laughed Betty.
"And don't they bang their hands!"
Without stopping to answer, Qooome
back caught hold of Betty's hand and
away they sailed to Africa.
The funniest houses stood all around
Betty. She had to laugh, they looked
so queer.
Gocomebaek found one that was Just
being built and they ran over do that
Betty could watch the workwomen.
They had planted In a circle, Just the
else they wanted, poles that stuck up
out of the ground about , ten feet. Next
they began to weave In and out of
these stakes long reeds, over which
tthey plastered muds, which one of the
workwomen told Betty was taken from
the ant hills. This made a smooth sur
face. When the wall was finished,
they plastered the floors the same way.
"That’s so much better than dirt
floors." said the woman nearest Betty.
"In this way, no bugs bother us.”
Off to one side, several women were
building a ueit, tall, coneshaped thing
that looked for all the world like a
tall, crowned hat. When It was finish
ed all the women gathered around It
and It lifted It upon the wall, It's rim
.projecting out quite a bit from the
plastered walls. Under this they put
more stakes.
"Is that round hole In front the
only way to get fresh atrT” asked Betty
who could hardly believe her eyes.
"Of course." laughed Oocomeback.
"When they want ventilation, they lift
the hat-roof off. How would you like
a house like that! When they have
more guests than they can accomodate
they just set It to one side. The guest
crawl under It and are sheltered for
the night, but the family have to'
sleep without a roof.”
“Not for me," laughed Betty, and
like a puff of smoke, the whole scene
changed and she taund herself once
more In America on her own back
porch. Betty laughed as she picked up
her hammer and thought of the work
women of the Makalolo tribe In Africa.
"I'm glad women don’t have to be car
penters In America," she mused.
Folding Into a space beneath the
setting, a tiny pencil has been made
to be carried In a finger ring.
DEMOCRATIC COMMITTEE
: ORGANIZED III CALHOOH
OtlMtl Bmr UaMiMi RnH
PrwUnt or om»iwti««
ANNISTON, ALA.. Oct. l«.—flpeclal
to The Adveftleer.—Organisation of a
AtTliArrM campaign committee for
Calhoun county with Colonel J. Henry
Bdihondaon aa president wet perfect
ed here Wednesday.
Other offlcere named included John
F. Williams, vice-president; Charlea 8.
Leyden, eecretary, and 8. L. Galbraith
treasurer. Other membera of the com
mittee announced are U B. Ulee. C. H.
Taunt. 8. J. Gardner, Jr., Lowry,
Mallory. C. A. Hamilton and
T. B. Kilby, Jr. Membera of the
committee pledged' themaelrea to do
everythin* poealble for the eueceen ef
the democratic ticket and to work to
hrlnr out a full vote at the general
electlen.
At the organisation meeting. It wee
Mnwnw< that iormtr Omnor. tlm
K. KflDf' Bad anbaertbad fit* to tfca
dcmoc ratio unptln fond and otkor
•ubacrlptlon* had ttaaa racalvad a*
follows: Colossi
r. wnttsau. It; I,
Chorleo 0. Urtat
Prwt •*..
1 m |'..|V
i
►
Made for that exclusive
minority who love fine.
. tarings.
1
v ' $
>
yz\.
rr<
How do you got them so
feathery light and flavory? '
\ ' -
Follow a tested recipe. Use good Mrinrpow
der and shortening. And, most important of I
aU, use this snowy white, sflfc-sined flour
to'make sure the dough is sweet and light.
Roller Champion
j^hi DXe flour /AtUrlcookrurtf
Ught, tender, flarory biscuits ane tHyvtafoa
use the right materials. And why experiment
with ordinary flour when for Just u few cents
more per sack you can ret this supreme flair
milled from finest Michigan Winter wheat end
silk-sifted.to perfect texture' and Puritkf. Ask
your graces. ,
Winter-Loeb Grocery Co.
Distributors, Montgomery
for making cake and cookies, biscuit, pie crust,
and all sorts of good things to eat — Snowdrift