Volume 113 — Alabama Reports

The facts of the case are sufficiently stated in the opinion. Section 4492 of the Code of 1886 is an amendment to section 3789 of the Code of 1886. — Gunter v. State, 83 Ala. 101; Zaner v. State, 90 Ala. 651.

Indictment for Murder. Appeal from the Circuit Court of Etowah. Held: beginning on Monday June 29, 1896, for the trial of said Colin Daughdrill under said indictment, and it is further ordered that fifty competent jurors be drawn and summoned as provided by law, and that thirty days notice be given by advertisement of this order in the Gadsden Times-News, a newspaper published in said-county.” The…

Indictment for Grand Larceny. Appeal from the Circuit Court of Barbour.

Indictment for Murder. Appeal from the City Court of Montgomery. The appellant was indicted and tried for the murder of Flem Faulkner, was convicted of murder in the second degree, and sentenced to the penitentiary for twelve years.

Indictment for Mxtrder. Appeal from the Circuit Court of Butler. The appellant, Elias Thornton, was indicted, tried and convicted of murder in the first degree, and sentenced to the penitentiary for life. The facts pertaining to the rulings of the court upon the evidence, to which exceptions were reserved, are sufficiently stated in the opinion ; and it is unnecessary to state the evidence in detail.

Indictment for Burglary and Larceny. Appeal from the City Court of Anniston. The appellant in this case was tried and convicted under ^n indictment which contained three counts; one charging burglary, the second grand larcenj-, and the third receiving stolen property.

Indictment for Forgery. Appeal from the Circuit Court of Wilcox. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Reuben Agee, with the intent to injure or defraud, did falsely make, alter, forge or counterfeit an instrument in writing, in words and figures, substantially, as follows: ‘Oct the 18, 1895. Lamison, Ala. Mr. J. T. Dumas. Dear Sir.

Bastardy Proceedings. Appeal from the City Court of Anniston. On the 5th day of September, 1896, Corrie Thomas made affidavit before W. A. Yeatman, a justice of the peace, that she was a single woman residing in Calhoun county, Alabama, and pregnant with a bastard child, and that Henry Williams was the father of the child.

Indictment for Carrying Concealed Weaj>ons. Appeal from the Circuit Court of Madison. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.

Indictment for Murder. Appeal from the Circuit Court of Walker. The appellant was indicted and tried for the murder of one Allen M. Oakley, and convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years.

This was a petition addressed to the Judges of the Supreme Court of Alabama asking for the alternative writ of mandamus, to the judge of the city court of Montgomery, commanding him to show cause why the order made by him, striking from the trial docket of his said court the case of the State of Alabama against Noah Stephenson should not be vacated and annulled, and said cause re-entered on said trial docket. The facts of the case are sufficiently stated in the opinion.

Indictment for Larceny. Appeal from the Circuit Court of Madison. The appellant was indicted, tried and convicted of larceny from the person of one Charlie Vail.

Indictment for Obstructing Public Road. Appeal from the County Court of Shelby. The appellant, Will S. Harper, was tried and convicted for the offense of obstructing a public road. The facts necessary for a full understanding of the decision on the present appeal, are sufficiently stated in the opinion.

Indictment for Removing Property upon Which there vtcts a Lien. Appeal from the Circuit Court of Walker. The appellant was indicted, tried and convicted for removing property on which there was a lien, knowing at the time of the existence of such a lien. The indictment contained two counts. In the first count, it was charged that the defendant, with the purpose to hinder, delay or defraud J. W. Hood, who had a lawful and valid claim thereto, removed the property.

Indictment for Conspiracy. Appeal from 'the Circuit Court of Crenshaw.

'Indictment for Gaming.. Appeal from the County Court of Bibb. The appellant, Charles Wilson, was tried and convicted on a prosecution for gaming. The charge, as contained in the complaint, made before a j ustice of the peace and returnable to the county court, is sufficiently stated in the opinion.

Indictment for Carrying Concealed Weapons. Appeal from the Circuit Court of Dale.

Indictment for Larceny and Receiving Stolen Property. Appeal from the Circuit Court of LaFayette. The appellant, Joe Burrage, was arraigned under an indictment containing two counts ; the first count charging the defendant with larceny, and the second with receiving and concealing stolen property.

Bill in Equity to Redeem,. Appeal from the Chancery Court of Blount.

Indictment for Selling Pools on Horse Races. Appeal from the City Court of Montgomery.

Statutory Action of Ejectment. Appeal from the Circuit Court of Blount. This was a statutory action of ejectment, brought by the appellee against the appellant, to recover certain lands specifically described in the complaint.

Action on Attachment Bond. Appeal from the City Court of Birmingham. Held: that the judgment in the contest proceedings was, at least, prima facie conclusive, but remarked that not being positive that it was entirely effective as an estoppel, he would reserve the question, and if he afterwards concluded that it was incompetent, he would rule it out; that it appeared that the evidence was competent as…

Statutory Action of Ejectment. Appeal from tlie Circuit,Court of Bibb. This was a statutory action of ejectment, brought by the appellants, children of Martha Ann and Robert Benning Moore, against the appellee, to recover the possession of certain lands specifically described in the complaint. Both parties claimed through the same source, to-wit, Eleanor Coker, who died testate before the institution of this suit.

Action against Common Carrier for Failure to Deliver Goods. Appeal from tlie Circuit Court of Blouut. This action was brought by the appellee, J. D. All-good, against the appellant to recover damages for failure of the defendant to deliver certain goods which were shipped over its railroad.

The appellee, William M. Burgin, the clerk of the Criminal Court of Jefferson county, filed a petition addressed to the Judge of the City Court of Montgomery, in which he averred that on November 27, 1895, one Henry Johnson was tried and convicted of grand larceny in the Criminal Court of Jefferson county, and sentenced to the penitentiary ; that on Februray 26, 1896, the petitioner made out and forwarded to the Auditor, a full and complete bill of costs incurred in said…

Bill in Equity by Stockholder to set aside a'Sale of Corporate Assets. Appeal from the City Court of Birmingham, in Equity. The original bill in this case was filed by Annie Dow-dell, on October 6, 1894, against the Elyton Land Company and others. Pending the hearing of the cause Annie Dowdell died, and her death being suggested, the suit was revived in the name of James S. Dowdell, as executor. The purpose of the bill is sufficiently stated in the opinion.

Action upon Promissory Note. Appeal from the Circuit Court of Cleburne. This action was originally brought by appellee. Fannie E. Edwards, as plaintiff, against R. B. Edwards andH. M. Howie, as defendants, and was based upon a promissory note executed by them and payable to J. W. Edwards, who was the husband of the plaintiff, and who died before this suit was brought. The plaintiff, in the original complaint, claimed the note sued on as her property.

. Bill in Equity for the Foreclosure of a Mortgage. Appeal from tlie Chancery Court of Dale. Tlie bill in tliis case was filed on February 19, 1895, by tlie appellant, Kate F. May, against .the appellees, J aclcson Folsom and wife and W. U. Aeree.

Action on Note given for Commercial Fertilizer. Appeal from tlie Circuit Court of Marshall. This was an action brought by the appellant, the Fur-man Farm Improvement Company against the appellee, Thos. H. Long, and counted upon a note under seal, which was executed by the defendant to the plaintiff, for the purchase price of commercial fertilizer, which was sold by the plaintiff to the defendant.

Bill in Equity to set aside and annul Deed of Conveyance. Appeal from the Chancery Court of Jefferson. The bill in this case was filed on March 12,1895, by the administrator of the estate of John W. Hardy, deceased, against the appellants.

Action of Trover. Appeal from the Circuit Court of Jefferson. On the 30th day of December, 1889, Chalifoux & Co. entered into a contract of lease with Mark L. Potter, as their landlord, for a certain store house in Birmingham, Ala., for a term of six years, from the 1st day of August, 1890, to the 30th day of September, 1895.

Bill in Equity for Enforcement of a Lien. Appeal from the Chancery Court of Mobile. Held: in cases of this character, and where the facts were almost identical with those in the present case, that tire remedy at law was clear, and a bill in chancery would not lie. — Coffey v. Hunt, 76 Ala. 236 ;Kennon v. Wright, 70 Ala. 434 ; Hussey v. Peebles, 53 Ala. 432; Hudson v. Vaughn, 57 Ala, 609.

Bill in Equity for Specific Performance of Contract for Sale of Land. Appeal from Birmingham City Court, in Equity. The appeal in this case is taken by the complainant in the court below from a decree sustaining the respondent’s plea, and adjudging that the complainant was not entitled to relief, and ordering his bill dismissed, and that the temporary injunction be dissolved. The facts of the case are sufficiently stated in. the opinion.

Action on Promissory Notes. Appeal from the Circuit Court of Jefferson. This suit was commenced by the appellees, George Enger & Company, on March 7,' 1893, against the appellant, J. P. Condon, and counted upon four promissory notes. It is unnecessary to make a detailed statement of the facts.

Bill in Equity for an Injunction. Appeal from the Chancery Court of Jefferson. The appeal in this case is by the' complainants in a bill filed in the chancery court against the appellee, from a decree rendered in said cause dissolving the temporary injunction, which was issued in accordance with the prayer of the complainants upon the filing of their bill.

Petition by Sureties to quash an Execution Issued on a Judgment against a Guardian. AppeaIi from tlie Probate Court of Marion. The proceedings in this case were had upon a petition filed by the appellants in the probate court of Marion county, on March 10, 1896.

Action of Trespass de Bonis Asportatis. Appeal from the Circuit Court of Walker. This was an action of trespass cle bonis asportatis, brought by the appellee, Eli S. Harkness, against the appellant, A. M. McOullars, to recover damages for the defendant unlawfully taking from the possession of the plaintiff, without his consent and against his protest, certain personal property.

The appellees, Farrell & Reynolds, brought an action against the appellant, Ray Knight and Mrs. Ray Knight, to recover for work and labor done and material furnished by the plaintiffs to the defendants. Upon the filing of the complaint, the plaintiffs did not ask for a trial by jury, but upon the interposition of demurrers to the complaint by defendants, there was indorsed upon the demurrers a demand by the defendants for a trial by jury.

Bill in Equity for the Foreclosure of a Mortgage and the Appointment of a Receiver. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed on the 29th of January, 1894, by Leon Loeb, to foreclose two mortgages in said bill set out; one made to him by Elias Judkins and wife, to secure a loan made to said Elias Judkins by Leon Loeb, and the other held by transfer and assignment from the British American Mortgage Company.

Action against a Railroad Company to recover Damages for Personal Injuries to a Passenger. Appeal from the Circuit Court of Macon. Apellee, Mary E. Walker, brought her action against the appellant, the Western Railway of Alabama, for damages received by her while a passenger on one of its regular trains, resulting from a collision between that train and another.

Action of Detinue. Appeal from the Circuit Court of Jefferson. This was an action of detinue, brought by the appellant against appellee. The facts of the case are sufficiently stated in the opinion. The appeal is taken from a judgment in favor of the defendant.

Bill in Equity to enforce Lien and enjoin Collection of Judgment. Appeal iron the Chancery Court of Jefferson. The facts of the case are sufficiently stated in the opinion. 1. The landlord’s lien was forfeited or waived by the tortious taking of the mantels by appellee.

Petition by Fraudulent Grantor for Homestead Exemption after Annulment of Conveyance on Bill by Grantee. Appeal from the Chancery Court of Tuscaloosa.

Petition for Sale of Lands for Partition among Tenants in Common. Appeal from the Probate Court of Montgomery. The facts in the case are sufficiently stated in the opinion. Actual adverse possession, under claim of exclusive ownership, against petitioner, by defendant in the proceedings, which has not been tried at law, is a bar to proceedings — Gore v. Dickinson, 98 Ala. 363 ; Hillens ¶. Brinsfield, 108 Ala. 605.

Bill in Equity to Determine Glaim to Real Estate and to Acquire Title to the Same. Appeal from the Chancery Court of Chilton. The bill in this case was filed on March 13, 1894, by the appellant against the appellee, under the provisions of the statute, entiled “An act to compel the determination of claims to real estate in certain cases, and to quiet title to the same.” — Acts of 1892-93, p. 42.

Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Mobile. The bill in this case was filed by the appellants, Cragin & Knobles, against the appellees. On May 28, 1892, G. W. Dickey executed a mortgage conveying to Cragin & Knobles “three hundred (300) head of sheep with a swallow fork and over-bit in one ear, and two splits in the other, brand D. Said sheep are in Washington county, said State.

Bill in Equity to Set Aside an Alleged Fraudulent Conveyance . Appbal from the Chancery Court of Jefferson. The bill in this case was filed by the appellants as creditors of I. Phillips & Bro., and sought to have set aside as fraudulent and void a conveyance of their property to one Joseph Biederman. The facts of the case are sufficiently stated in the opinion.

'Bill in Equity for Divorce. Appeal from the City Court of Montgomery, in Equity. In this case the bill was by the husband against the wife, filed on the 30th of September, 1895, for a divorce on account of the alleged abandonment of the wife, and a final decree was rendered on the 30th of January, 1896.

Action on Official Bond of Justice of the Peace. Appeal from the City Court of Birmingham.

Bill in Equity by Executor to Remove Administration of Decedent's Estate from Probate into Chancery Court. Appeal from the Chancery. Court of Clay. The bill in this case was filed by the appellee, J. C. Street, as the administrator of Merrit Street. The purpose of the bill and the parties thereto are sufficiently stated in the opinion.

Statutory Action of Ejectment. Appeal from the Circuit Court of Pike. This was a statutory action of ejectment, brought by the appellee, Mary A. Johnson, against the appellant, James Stanley and Nelson Kelley. The defendant, James Stanley, was in possession of all the lands, with the exception of five acres, as-a tenant of one Pike Martin, and Nelson Kelley was in possession • of the five acres referred to, as the tenant of said Pike Martin.

Action for Damages for Libel. Appeal from the Circuit Court of Talladega. This was an action brought by the appellant, D. M. Ivey, against the appellee, the Pioneer Savings & Loan Company, to recover damages for libel. The complaint contained five counts. It is unnecessary to set out the 4th and 5th counts.

Action against Municipal Corporation for Injuries Resulting from Defective Sidewalks. Appeal from the Circuit Court of Mobile.

Bill in Equity to Compel Restoration of Stock Pledged for a Debt. Appeal from the Chancery Court of Jefferson.

Bill in Equity to Enforce a Vendor’s Lien. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed by the appellee against the appellants. The averments of the bill, as originally filed, and amended, and the purposes thereof are set forth at length in the report of the case as found in 106 Ala. 139; and it is, therefore, unnecessary to set them out at length on this appeal.

Bill in Equity for an Accountioig, aoid for the Specific Per-foronance of a Contract. Appeal from the Chancery Court of Mobile. The original bill in this case was filed on April 20, 1891, by the appellant, Henry J. Hunt, against the ap-pellee, the Stockton Lumber Company, and against George W. Robinson and Benjamin J. McMillan, partners under tlie firm name and style of* Robinson & McMillan.

Action against a Railroad Company by Administrator to Recover Damages for the Negligent Killing of his Intestate. Appeal from the City Court of Birmingham.

Bill in Equity for Cancellation of Mortgage. Appeal from, the Chancery Court of Lamar. The bill in this case was filed by the appellee, Mary A. Cooper, on the 13th day of July, 1893, against the appellant, Francis A. Osborne, Charles IT. Howard and Amos P. Cooper, husband of the-complainant.

Action of Assumpsit. Appeal from the City Court of Anniston. This was an action brought by the appellee against the appellants, as executors of the last will of Duncan T. Parker, deceased. The facts of the case are sufficiently stated in the opinion. There was judgment rendered in favor of the plaintiff. From this judgment the defendants appeal, and assign, among other rulings of the court, the rendition of judgment for the plaintiff.

Proceeding for Summary Judgment against Sheriff for Failure to serve Process. .Appeal from the Circuit Court of Blount.

Bill in Equity to enforce a Trust. Appeal from the Chancery Court of St. Clair. The original bill in this case was filed by Edward F. Browning, of the city of New York, J. Hull Browning, who lived in the State of New Jersey, and Ivey F. Thompson, a resident of Georgia, as administrator of the estate of Amos G. West, who was a citizen of the State of Georgia, against John Byrne and Eugene Kelly, both of whom resided in the city of New York.

Action on Common Comits for Work and Labor. Appeal from the City Court of Mobile. This was an action brought by the appellant, B. L. Stafford, against the appellee, Origen Sibley, for work and labor done. The defendant pleaded three pleas. 1st. The general issue. 2d. Payment; and third, a plea, which was as follows: “3rd.

Action upon a Policy of Life Insurance. Appeal from tlie Circuit Courfr of Montgomery. This was an action brought by the appellant, E. Anna Kelly, against the appellee, the Life Insurance Clearing Company, to recover ten thousand dollars, alleged to be due on two policies of insurance, Nos. 2741, 2742, each in the sum of $5,000, whereby the defendant on July 6, 1893, insured the life of Marshall B. Kelly, who died on June 24, 1894.

Action upon Promissory Notes given for the Purchase of Land. Appeal from the City Court of Anniston. This action was brought by the appellee against the appellant, to recover an amount due upon four promissory notes, which were executed by the defendant. The defendant filed many pleas. The 2d, 4th and 6th were as follows: “2.

Action upon a Fire Insurance Policy. Appeal from .the Circuit Court of Limestone. This action was brought by the appellee, Mattie A. Warten, against the appellant, the Georgia Home Insurance Company. The purposes of the suit, and the aver-ments of the complaint are sufficiently stated in the opinion. To the third count of the complaint, the defendant demurred upon the following grounds: “1.

Action against Common Carrier for Failure to Deliver Shipment. Appeal from the Circuit Court of Escambia. The appellees, Bernheim, Bauer & Go., brought the present action against the appellant, the Louisville & Nashville Railroad Company, to recover damages for the failure of the defendant to deliver a case of clothing shipped by the plaintiff to one Hughes ; the said clothing never having been delivered to consignee by the defendant.

Contest of the Probate of a Will. Appeal from the Probate Court of Jefferson. On September 22, 1891, the appellee, W. T. Burney, filed a petition in the probate court of Jefferson county asking for the probate of an instrument in writing purporting to be the last will and testament of Samuel Tor-rey, deceased.

<p>1. Preliminary injunction of the foreclosure of a mortgage; when improperly dissolved. — Where, upon a mortgagee having advertised the mortgaged property for sale under the power contained in the mortgage, the mortgagor files a bill to enjoin such sale and for an accounting and redemption, alleging usury in the mortgage debt and offering to pay whatever may be found due with legal interest,and a preliminary injunction is issued restraining the sale, it is error for the court in rendering a final decree in which it is ascertained what was due upon the mortgage debt, and in which it was ordered that unless said sum was paid within a given time the mortgaged property should be sold for its satisfaction, to further decree a dissolution of the preliminary injunction; the complainant having been successful in his litigation to the extent of showing the propriety of the injunction, there was nothing which justified the dissolution thereof.</p>

Action by Employe against Employer to recover Damages for Personal Injuries. Appeal from the Circuit Court of Jefferson. This action was brought by the appellant, James J. Laughran, against the appellee, William P. Brewer, to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant or his employes. The complaint, as originally filed, contained four counts.

Action of Detinue. Appeal from the Circuit Court of Montgomery. The facts of the case are sufficiently stated in the opinion. 1. The cause was submitted upon an agreed statement of facts signed by the attorneys for the plaintiff and the defendant, and it was upon this statement that the cause was submitted to the court.

Statutory Trial of the Right of Property. Appeal from the City Court of Anniston. This suit was instituted by suing out an attachment by the appellants against P. K. Thompson & Co. This writ of attachment was levied upon-a stock of goods in the house where P. K. Thompson & Co. had been doing business.

Contest of a Claim of Homestead Exemption. Appeal from the Circuit Court of Clarke. The object of this proceeding was to contest a claim of homestead exemptions, under sections 2520 and 2521 of the Code of 1886. The appellant had obtained judgment against the ap-pellee in a justice’s court, upon which execution was issued, and, in default of personal property sufficient to satisfy the execution, the process was levied upon certain real estate, as the property of appellee.

Bill in Equity by Minority Stockholders against Corporation and Directors for Protection against Mismanagement of Corporate Affairs. Appeal from the Chancery Court of Morgan. The facts of the case are sufficiently stated in the opinion. 1. There were no such allegations in the original bill as would excuse a demand upon the corporate body to prevent the allowance by directors of the salaries mentioned. — Tuscaloosa Manfg.

Prosecution for Violation of Municipal Ordinance. Appeal from the Circuit Court of Jefferson. The appellant was arraigned, tried and convicted, before the mayor of Pratt City for disorderly conduct in violation of an ordinance of that town, and from a judgment of conviction took an appeal to the circuit court. In the circuit court the following complaint was filed : “The plaintiff, a municipal corporation, charges that the defendant, T. 0.

Intervention in Equity for Lien on Property in Hands of a Receiver, Pending a Suit, for tire Foreclosure of a Mortgage. Appeals from the City Court of Birmingham,in Equity. These two cases, involving substantially the same legal points and dependent upon practically the same evidence, are submitted together on the present appeal.

Bill in Equity to Enforce a Maratime Lien Created by Statute. Appeal from the Chancery Court of Morgan. Held: to be the home port although the vessel is enrolled in a foreign port and sails under a- foreign flag. The Brig E. A. Barnard, 2 Fed. Rep. 712; The Mary Chilton, 4 Fed. Rep. 847 ; The Lotus No. 2, 26 Fed. Rep. 637. 5.

Action of Trespass for Wrongful Levy upon and Talcing and Carrying Away of Property. Appeal from the Circuit Court of Perry. This was an action brought by Steiner Bros, against the appellants, to recover damages for taking and carrying away a stock of goods, wares and merchandise and other property in and near the storehouse at Hamburg Station, in Perry county, then occupied by the plaintiffs, but shortly before that time occupied by one I. L. Levy.

Bill in Equity for the Establishment of a Trust in Land. Appeal from the Chancery Court of Geneva. The bill in this case was filed by the appellants, Sylvester Martin and others, against the appellee, M. W. Kelly. The purpose of the bill, as shown by its allegations and prayer, was, to have a deed to certain lands, executed by the father of complainants to the respondent, vacated, and to have the lands described in said deed decreed to be the property of complainants.

Action of Trespass. Appeal from the Circuit Court of Marengo. This was an action of trespass qitare clausum fregit, brought by the appellees .against the appellants and was instituted on August 31, 1893. The complaint contained five counts.

Bill in Equity to enforce Parol Trust in Property Devised by Will. Appeal from the Chancery Court of Madison. The bill in this case was filed by the appéllant, Wm. R,. Moore, as the administrator of Ella M. Donegan, deceased, against Archibald Campbell, individually, andas the executor of the last will of Mary P.Rice, deceased. The facts of the case, with the exception of an amendment to the bill, are substantially the same as shown on the former appeal — 102 Ala. 445.

Bill in Equity for the Establishment of a Trust and for an Accounting. Appeal from the Chancery Court of Etowah. The bill in this case was filed by the appellant, M. B. Rogers, against the appellee, T. L. Johnson. The facts of the case are sufficiently stated in the opinion. The defendant demurred to the bill and moved to dismiss it for the want of equity. On the submission of the cause on this demurrer and motion, each was sustained by a decree of the chancellor.

Action by Landlord against Tenant to enforce Ms Lien. Appeal from the Circuit Court of Montgomery. The appellant, D. M. Nicrosi, rented a store to the appellee for one year commencing October 1, 1893, at a monthly rental of $75, payable on the 1st day of November and on the 1st day of each succeeding month.

Bill in Equity to enforce a Vendor’s Iden. Appeal from the Chancery Court of Lowndes. The bill in this case, as amended, was filed by the appellees, A. R. Knight and Amanda W. Knight, (the latter being of unsound mind and suing by her next friend), to enforce a vendor’s lien on certain lands owned by the appellants, C. W. 'Knight and Nancy McQueen.

AcMon for Breach of a Bond. Appeal from tfie City Court of Talladega. Tfiis is an action by the Southern Cotton Oil Company, a corporation, for one thousand dollars damages for tbe breach of a bond made by T. H. Bass, as principal, and B. L. Gaddis, Wm. Lane and Id. T. Hobson, as partners under tfie style of Lane & Hobson, as sureties, all of said parties being defendants.

Action upon a Detinue Bond. Appeal from the Circuit Court of Jefferson. This action was brought by the appellee, Prank Leonard, against Noah Houston, as principal, and appellants, W. B. Copeland and others, as sureties on a bond given in an action of detinue brought by said Houston against Leonard ; and sought to recover damages for the alleged breach of said bond.

Action upon a Promissory Note. Appeal from tlie City Court of Gadsden. This was an action brought by the appellee, Allen Gray, against appellants, W. H. Denson and W. H. Smith ; and counted upon a promissory note. The defendants interposed two pleas. The first was the general issue, and the second was a special plea. The averments of the defendants’ special plea, and the facts showing the execution of the note sued upon are sufficiently stated in the opinion.

Bill in Equity to enjoin a Sale wider a Mortgage. Appeal from the City Court of Montgomery, in Equity.

Action against a Railroad Company to Recover Damages for Personal Injuries. Appeal from the City Court of Birmingham. This was an action brought by the appellee, Henry Williams, against the Southern Railway Company, to recover damages for personal injuries, alleged to have been sustained by the plaintiff by reason of being thrown or forcibly ejected from one of its cars, by the conductor thereon, between stations, and while the train was being run at a high rate of speed.

Action against a County. Appeal from the Circuit Court of Crenshaw. On the 25th day of June, 1895, appellee sued appellant in the circuit court of Crenshaw county, claiming one hundred and twenty-five dollars as damages for injuries to a horse of plaintiffs, which resulted in the death of the horse.

Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Jefferson. . The facts in the case are sufficiently stated in the opinion. 1. The appellants having abandoned the first appeal and consented to an affirmance in the Supreme Court, will not be heard now to complain of the decree they appealed from.

Action on a Promissory Note. Appeal from the Oity Court of Birmingham. This was a suit brought in the city court of Birmingham by the appellant, W. C. Ward, as executor of the last will of M. G. Hudson, against the appellee, R. Fuller Manly, and counted upon a promissory note executed by the defendant to the plaintiff’s testator on September 16, 1889, andpayably the 1st of January, 1890.

Action of Trespass. Appeal from tlie City Court of Gadsden. This was an aotion brought by the appellee, S. J. Carlton, against the appellants, James F. Henry and E. A. Rogers.

Action against a Railroad Company by Administrator to recover Damages for the hilling of his Intestate. Appeal from tlie Circuit Court of Lamar.

Bill in Equity to set aside Fraudulent Conveyance. Appeal from the City Court of Birmingham, in Equity. The bill in this case was filed by the appellants as creditors of Mark 0. Ellis, against the appellees, to set aside an alleged fraudulent conveyance by Mark 0. Ellis of his property to Sarah Ellis, his wife, and to subject said property, which had been mortgaged by Sarah Ellis to the Iron State Building & Loan Company, to the payment of the complainants’ indebtedness.

Action upon Bond Given to secure the Admission of a Paying Patient to Insane Hospital. Appeal from the City Court of Birmingham. This was an action brought by the appellee, the Alabama Insane Hospital, against the appellant, E. F. Enslen, and Catherine McAnally, to recover damages for the breach- of a bond, executed by said E. F. Enslen and Catherine McAnally.

<p>Appeal from the Circuit Court of Barbour.</p>

<p>Appeal from Walker Circuit Court.</p>

<p>Appeal from the Circuit Court of Blount.</p>

<p>Appeal from DeKalb Circuit Court.</p>

<p>Appeal from Lawrence Chancery Court.</p>

<p>Appeal from the City Court of Birmingham, in Equity.</p>

<p>Appeal from Geneva Circuit Court.</p>

<p>Appeal from Montgomery City Court.</p>

<p>Appeal from Birmingham City Court, in Equity.</p>

<p>Appeal from Birmingham City Court, in Equity.</p>

<p>Appeal from the Jefferson Circuit Court.</p>

<p>Appeal from Wilcox Circuit Court.</p>

<p>Appeal from the Chancery Court of Calhoun.</p>

<p>Appeal from Fayette Chancery Court.</p>

<p>Appeal from Russell Chancery Court.</p>

<p>Petition for Certiorari.</p>

<p>Appeal from the Circuit Court of Jackson.</p>