Volume 115 — Alabama Reports

Tried before the Hon. George E. Brewer. The appellant, Joe Burton, was indicted and tried for the murder of Jethro Evans, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. The killing occurred in Cleburne county, and the indictment was preferred by the grand jury of said county ; but upon application of the defendant there was a change of venue, and the defendant was tried in the circuit court of Calhoun county.

Tried before the Hon. William L. Parks, Special Judge. The appellant was tried and convicted under an indictment charging that he, with the purpose of hindering, delaying or defrauding Mary E. Motes, who had a lawful and valid claim thereto under a written instrument, lien, &c., did sell or remove personal property consisting of a mule.

Tried before the Hon. A. D. Sayre. The appellant, Jake Cobb, was indicted and tried for the murder of S. S. Booth, was convicted of murder in the second degree, and sentenced to the peniténtiary for ten years.

Tried before the Hon. W. W. Haralson, Special Judge. The appellant was indicted and tried for the murder of James Childress, was convicted of. murder in the second degree, and sentenced to the penitentiary for ten years. The indictment under which the defendant was tried and convicted was preferred by the grand jury at the fall term, 1895, of the circuit court of Marshall county.

Tried before the Hon. H. C. Speake. The appellant was indicted and tried for the murder of Tillman Oliver, was convicted of murder in the first degree, and sentenced to the penitentiary for life. On the trial of the cause, as is shown by the bill of exceptions, Annie Lou Swoope, a witness for the State, testified that the defendant and' the deceased were alone in a room in her house while she was at the door of her room across the passage-way.

Tried before the Hon. H. C. Speake. The appellant was indicted and tried for the murder of Oscar Pickens, was convicted of murder in the first degree, and sentenced to the penitentiary for life. ' The defendant moved the court to quash the indictment upon the grounds : 1st. That it was not found and returned into court by a legally organized grand jury. “2. Because the grand jury that returned the indictment was not drawn from the jury bos by the jury commissioners. _ 3.

Tried before the Hon. J. M. Carmichael. The appellant, John Edwards, was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment that John Edwards unlawfully, maliciously or negligently did destroy, throw down, or break sixty pannels of fence or inclosure of William H. Bryan and failed to immediately rebuild or repair the same, against the peace and dignity of the State of Alabama.” Upon the…

Tried before the Hon. J. W. Mabry. The appellant was indicted and tried for murder, -was convicted of murder in the first degree, and sentenced to be hanged.

Tried before the Hon. George E. Brewer. The appellant was indicted, and tried for the murder of Thomas Henry, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for sixty years. The tendencies of the evidence are sufficiently stated in the opinion. The charge of the court to which exception was reserved is copied in the opinion.

Tried before the Hon. John R. Tyson. The appellant was indicted and tried for the murder of Amos Williams, was convicted of murder in the first degree, and sentenced to the penitentiary for life. There is but one question presented on the present appeal, and the facts pertaining thereto are sufficiently stated in the opinion. The State was not allowed to recall the witness who had been introduced by the defendant and cross-examine him.

Tried before the Hon. John H. Sheepsy, Special Judge, The appellant, Stephen Dunmore, was indicted, tried and convicted for burglary. The facts pertaining to the only ruling of the trial court which is reviewed on the present appeal, are sufficiently stated in the opinion.

Tried before the Hon. N. H. Thompson. • The appellant was tried and convicted under an affidavit which charged that he “did cut and break into the jail at Blocton in which said jail one Will DuBose and Westley Seymour were lawfully confined by the sheriff of Bibb county, charged with misdemeanors and did thereby aid said Will DuBose and Westley Seymour to escape from such custody against the peace and dignity of the State of Alabama.” On the trial of the case, there was…

Tried before the Hon. John H. Disque. The facts of the case are sufficiently stated in the opinion. The charge requested by the defendant should have been given. White v. State, 103 Ala. 72; Chatham v. State, 92 Ala. 47; Fonville v. State, 91 Ála. 39 ; King v. State, 90 Ala. 612 ; Ford v. State, 71 Ala. 385 ; Tidwell v. State, 70 Ala. 33; Armor v. State, 63 Ala. 173; Ross v. State, 62 Ala. 224; Mooney v. State, 33 Ala. 419; Reagan v. State, 19 Amer.

Samuel E. Greene. The appellant' was indicted, tried and convicted for burglary.

Tried before the Hon. William L. Parks, Special Judge. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Prank Leonard -feloniously took and carried away fram the storehouse of James D. Sikes sixty dollars in United States currency, the exact denomination and description of which to the grand jury is unknown, of the value of sixty dollars, the personal property of James D.…

Tried before the Hon. John Moose. The appellants were indicted, tried and convicted of robbery. The facts pertaining to the rulings of the trial court upon the evidence are sufficiently stated in the opinion. The defendants set up the defense of an alibi, which their evidence tended to prove.

Tried before the Hon. J. H. Sheeeey, Special Judge. The indictment in this case, under which the appellant, Tom Bell, was tried and convicted, charged that defendant carried a pistol concealed about his person. When the case was called for trial, a plea of former conviction was interposed.

Tried before the Hon. John C. Anderson. The appellant was indicted for the larceny of an overcoat and a pistol from a dwelling house, the property stolen being the property of William M. Ellis. The State introduced William M. Ellis as a witness, who testified that on September 1, 1896, he missed his overcoat and pistol from his room ; that he had never seen the pistol since, but in December, 1896, he saw the defendant wearing his overcoat.

Tried before the.Hon. H. C. Speaice. The appellants, Jordan Yarbrough and John Mitchell, were indicted, tried and convicted for burglary. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. James A. Bilbro. The appellant was indicted, tried and convicted for forgery. The instrument which the appellant was charged with having forged was in words and figures as follows: “Nov. 17, 96. Mr. A. G. Henry Dear Sir I never Did ask you for a favor and you failed to help me.

Tried before the Hon. N. H. Thompson. The appellant was indicted, tried and convicted for engaging in the sport of fighting cocks in a public place.

Tried before the Hon. S. W. Tate. The appellant was indicted, tried and convicted for betting at a game of cards at “an out-house where people resort.” The facts of the case showing the rulings of the court, upon the present appeal, are sufficiently stated in the opinion.

Tried before tlie Hon. J. M. Carmichael. • The appellant, John Richardson, was indicted, tried and convicted for the burglary of a smoke-house ; and was sentenced to the penitentiary for four years. The facts of the case are sufficiently stated in the opinion.

■Tried before the Hon. N. D. Denson. ■ The appellant was indicted and tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Geórge .Pearce did falsely pretend to Elizabeth Page, with the intent to defraud, that he was a pension agent and would obtain a pension of three dollars a month for her, and by means of such false pretense, obtained from the said Elizabeth Page seventy-five cents, against the peace…

' Tried before the Hon. J. M. Carmichael. The defendant was indicted, tried and convicted for ah assault and battery upon one Martha Ann Best. The facts pertaining to the only ruling upon the present appeal are sufficiently stated in the opinion:' cited 1 Greenleaf ■on Evidence, (15th ed.), §54; Cauley v. State, 92 Ala. 71; Morgan v. State, 88 Ala. 223. ’

Tried before the Hon. John E. Tyson. The appellant, John Moorer, was indicted, tried and convicted for grand larceny. The indictment was preferred at the fall term, 1894, of the circuit court of Wilcox county; and the trial was had at the spring term, 1897, of said court.

Tried before the Hon. John W. Bishop. The facts' of the case are sufficiently stated in the opinion. The indictment charges the defendant with larceny from the person in a particular and precise averment, and being descriptive of the offense must be proved as charged.

This was a petition addressed to the Supreme Court of Alabama, asking for a writ of mandamus to be issued to the judge of the city court of Montgomery, compelling him to reinstate the cause of The State of Alabama v. Noah Stephenson upon the docket of the said city COUX’t. The petition alleged the following facts : At the October Term, 1885, of said court, one Noah Stephenson was indicted for the offense of an assault with intent to murder, and upon the presentation of said…

• The proceédings-in this case were had upon a. petition filed by Eugene Shortridge for a writ of habeas corpus, directed to one A. P: Howison, looking to the discharge of the petitioner. The facts of the case are sufficiently ■stated in the opinion: .

Tried before the Hon. N. H. Thompson. The appellant, W. D. Wilson, was tried and convicted under a prosecution commenced by the following affidavit: “Before me, S. J. Gardner, a justice of the peace in and for said county and State, personally appeared Harrison Kennedy, who being by me first duly sworn, doth depose and say that W. D. Wilson, alias Watt Wilson was, on, to-wit, the 12th day of January, 1897, dispossessed of a certain tract of real estate, to-wit [describing…

The decision on this appeal is applicable to two cases, which were instituted by two several petitions for mandamus, being filed originally in this court by the State of Alabama on the relation of the Attorney-General. The two cases are of the same nature and identical in effect; and are, therefore, submitted together. The facts of the cases are sufficiently set forth in the opinion.

Tried before the Hon. James J. Banks. The prosecution of the appellant, Joe McGee, was commenced by affidavit made before a justice of the peace, in which the defendant was charged ‘ ‘with gaming in a public place.” The facts of the case are sufficiently stated in the opinion.

Appeal fr’om the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the appellees against the appellant. In the first count of the complaint the plaintiff claimed of the defendant the sum of $2,500 damages, for the breach of the following contract: “Know all men by these presents, that Messrs.

Heard before the Hon. John G. Winter. The bill, in this case was filed by the appellant, George Weatherly, against the appellee, the Capital City Water Company, and contained the following averments: That the complainant was a resident citizen of the city of Montgomery, Alabama, and, together with substantially all the other residents of said city, was dependent for his supply of water upon the water furnished and agreed by its charter to be furnished by the Capital City…

Tried before the Hon. John H. Disque. This action was brought by the appellant, W. P. Shahan, against the appellee, the Alabama Great Southern Railroad Company, to recover damages sustained by reason of an overflow of water in a storehouse where the plaintiff was doing business.

Tried before the Hon. W. W. Wilkerson. Eobert T. Hulsey sued the Postal Telegraph Cable Company to recover d'amages for personal injuries suffered by him while in the employ of appellant as a ‘ ‘tree chopper” along appellant’s right of way. The substance of the several counts of the complaint are sufficiently stated in the opinion.

Tried before the Hon. William S. Anderson. The facts of this case are sufficiently stated in the opinion. The court at the request of the plaintiff gave the general affirmative charge in its behalf, and refused a similar charge requested by the defendant; and to each of these rulings the defendant separately excepted. There was judgment in favor of the State.

Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, D. R. McGlathery, against the appellant, the Western Assurance Company of Toronto ; and sought to recover for the loss of a stock of goods by fire, which was covered by an insurance policy issued by the defendant. The complaint was in the statutory form and contained but one count.

Tried before the Lion. George E. Brewer. This was a statutory action of detinue, commenced by appellants in a justice of the peace court, against the appellees to recover three cows and their increase ; and judgment was rendered for plaintiffs, from which an appeal was taken to the circuit court by defendants, where the case was tried anew, and judgment was rendered in favor of the defendants, from which judgment this appeal is taken.

of Montgomery,, in Equity. Heard before the Hon. John G. Winter.

Heard before the Hon. W. H. Simpson. The bill in this case was filed on December 29, 1896, by A. B. Hays, as judge of probate of Cullman county, Alabama, P. H. Kinney, S. M. Rudder and other'resident .citizens and tax payers of Cullman county, Alabama, against Alvin Ahlrichs, W. A. Schlosser, C. B. Wilhite, P. W. Wiley and T..J. Tingle. The bill as originally filed, was in words and figures as follows : “First.

Tried before the Hon. H. A. Sharpe. This action was brought by the appellant, The State of Alabama, against the appellee, the Southern Railway Company.

Tried before the Hon. William H. Simpson. This was an action brought by the appellees, J. W. Scruggs & Co., against the appellant, J. T. Crass. In view of the opinion on this appeal, it is unnecessary to set out at length the prolix and multiplied pleadings. The facts of the case necessary to an understanding of the decision are sufficiently stated in the opinion.

Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment, brought by the appellee, J. J. Herring, against Martha Watson and her husband, J. J. Watson, and sought to recover certain lands specifically described in the complaint. The defendants pleaded the general issue and the following special pleas : 1. That there were $64 of usury included in the mortgage upon which plaintiff relies to recover the land sued for.

Tried before the Hon. J. W. Foster. This action was brought by the appellee, L. Hendricks, against the appellant, R. J. Williams, to recover the statutory penalty for cutting 34 oak trees from the land, of the plaintiff. The defendant pleaded the general issue and. the statute of limitations of one year, upon which pleas issue was joined. The evidence for the .plaintiff was to the effect that the defendant and one D. F. Hinton were partners in getting out staves.

Tried before the Hon. Leroy F. Box. This action was brought by the appellee, Matilda J. Swope, against the Highland Avenue & Belt Railroad Company, to recover damages for personal injuries suffered by the plaintiff while a passenger on one of the trains being operated by the Birmingham Railway & Electric Company, with which train one of the trains of the defendant company collided, from the result of which collision the personal injuries. were inflicted.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee against the appellant, to enforce a vendor’s lien. The facts of the case are sufficiently stated in the opinion. Upon. the final submission of the cause, upon the pleadings and proof, the chancellor rendered a decree dismissing respondent’s cross-bill, and holding that the complainant in the original bill was entitled to the relief prayed for.

Heard before the Hon. Thomas Cobbs. The bill in this case was filed on February 20, 1890, by the appellees, R. W. Francis and John S. Storrs, against the Jefferson County Savings Bank. The purposes and averments of the bill and the facts of the case are sufficiently stated in the opinion.

Tried before the Hon. J. A. Bilbro. The appellee, Jane C. Vandiver, brought the present statutory action of ejectment against one Middlebrooks, suing for lands specifically described in the complaint. The appellant, John H. Vandiver, as the administrator de bonis non of the estate of Ambrose F. Vandiver, deceased, was, on his motion, made a party defendant to the suit, as the landlord of Middlebrooks.

Tried before the Hon.IT. C. Speake. This action was brought by the appellees against the appellant, the Louisville & Nashville Railroad Company. There were sis parties plaintiff, five of Avhom sued by their next friend, Emma K. Hill, their mother.

Heard before the Hon. W. W. Wilicekson. The facts of the case are sufficiently stated in the opinion. 1. The court should not have sustained the demurrer and should not have dismissed the petition of the appellant.

Tried before the Hon. J. M. Carmichael. ' This action was brought by the appellee, James Tufts, against the appellants, Hodge & Williams ; and counted upon several promissory notes which were given by the defendants to the plaintiffs for the purchase price of a soda water fountain. The defendants pleaded the general issue, failure of consideration, payment, breach of warranty, and the following special pleas : “7th.

Tried before the Hon. W. W. Wilkerson. On the 10th day of March, 1894, B. & S. Steiner, co-partners, as Steiner Brothers, brought suit in the city court of Birmingham against William Berney, to recover upon a note for $2,000, and on the 21st day of September, 1894, they sued out an ancillary attachment against him, which the sheriff levied on the 22d day of September, 1894, by summoning the appellee, the First National Bank of Birmingham, as garnishee, to answer before the…

Tried before the Hon. George E. Brewer. This suit was brought by the appellee, R. L. Marcus, against the -appellant, the Alabama Mineral Railroad Company, to recover damages for personal injuries, received by him while in the employ of the defendant as a section hand. The complaint, as originally filed, contained six counts.

Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Edgar Smith, by his next Mend, against the appellants, Drennen & Co., a partnership, to recover damages for personal injuries, alleged to have been suffered by the plaintiff by reason of the negligence of the defendants or their employes.

Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, John B. Sanford, against the appellee, Clem A. Hamner. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. James E. Dowdell. The bill in this case was filed by the appellee, the Bank of Piedmont, against the appellant, J. P. Allgood, for the purpose of enforcing a vendor’s lien upon certain lots situated in the town of Piedmont.

<p>Appeal from the Circuit Court of Escambia.</p> <p>Tried before the Hon. John Moore.</p> <p>The facts of the case are sufficiently stated in the opinion.</p>

Heard before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion. 1.

Tried before the Hon. James W. Lapsley. This action was brought by the appellant, Eba Scarbrough, against the appellees, A. H. Borders & Company, and counted upon a promissory note, which was executed by A. IT. Borders & Co. to one E. A. Hughes, the plaintiff averring in his complaint “that said note was duly transferred and assigned to him and was his property.” The defendants pleaded the following pleas : “1.

Tried before the Hon. James W. Lapsley. This action was brought by the appellee, A. J. Adair, against the appellant, the Western Union Telegraph Company, to recover damages caused by reason of the negligence of the defendant in writing upon a telegram the wrong date of its reception. The facts of the case are sufficiently stated in the opinion. Upon the trial of the cause, there were verdict and judgment for the plaintiff, assessing his damages at $250.

Heard before the Hon. William H. Simpson. The facts of this case are sufficiently stated in the opinion. Upon the submission of the cause upon the demurrers and motion to dismiss the bill for the want of equity, most of the grounds of demurrer and the motion were sustained, and the bill was dismissed. From this decree the complainant appeals, and assigns the rendition thereof as error. 1.

Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, brought by the appellee, Harriet S. ICeyser, as executrix of William J. Keyser, deceased, against the appellants, to recover certain lands specifically described in the complaint. The defendant, A. G. Smith, was tenant in possession of the land sued for, and upon his motion, his landlords, R. L. Johnson, William M. Johnson and others, were made parties defendant.

Tried before the Hon. James J. Banks. The appellee, William S. Stevens, brought the present suit against the appellant, the Tennessee Coal, Iron & Railroad Company, to recover an amount alleged to be due him from the defendant for work and labor done.

Tried before the Hon.. J. W. Foster. This was an. action of unlawful detainer, brought by the appellant, Charles Henderson, against the appellee, F. M. Prestwood. The facts of the case are sufficiently stated in the opinion. From a judgment in favor of the defendant, the plaintiff prosecutes the present appeal, and assigns as error the several rulings of the trial court to which exceptions were reserved.

Tried before the Hon. J. W. Foster. On September 11, 1895, the appellee instituted this suit in the circuit court of Pike county by an attachment upon affidavit and bond.

Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. A wife is entitled to temporary alimony in suits for alimony without divorce., 1 Amer. & Eng. Encyc. of Law, pp. 470, 471, notes; Foss v. Foss, 2 111. App. 411; Felloivs v. I^ellows, 8 N. H. 160; Gaynerv. Gayner, 31 L. T. Mat. Cas. 144; Brown v. Brown, 3 Swat. & T. 117; Washburn v. Washbitrn, 9 Cal. 475: 1.

Heard before the Hon. John H. Disque. The facts of the case are sufficiently stated in the opinion. 1. In the action at law, it -would seem that the iron clad rule measuring Miller’s recovery for breach of covenant of warranty is the purchase money paid with interest. If Charles Miller had, in good faith, endeavored to return possession to his vendor, there can be no doubt but that his recovery, both at law and in equity, would have been measured by the purchase money paid.

Tried before the Hon. J. W. Poster. This was a statutory action of ejectment, brought by the appellees, as trustees, against the appellants, G. A. Griffin and Joseph Logan ; G. A. Griffin being landlord and Logan his tenant in possession.

Tried before the Hon. N. D. Henson. This was an action of trespass brought by the appellant, W. B. Steele, against the appellee, B. W. Walker, to recover damages for the taking of a quantity of logs. The only rulings presented for review on the present appeal, are the rulings of the court in overruling demurrers to the third, fifth and seventh pleas filed by the defendant. The substance of these pleas, as presented, is sufficiently stated in the opinion.

Tried before the Hon. George E. Brewer. This was a statutory action of ejectment, brought on October 17, 1894, by the appellants against the appellees., to recover… Held: does not apply to judicial sales. Whatever may have been the effect of the defendant’s adverse possession upon the mortgage executed by the Woodstock Iron Company to the State Trust Company, it was perfectly valid as between the parties. — Yarborough v. Avant, 66 Ala. 526 ; Pearson v. King, 99 Ala. 125.

Heard before tire Hon. James J. Banks. 1.The legislature may repeal a general law, and where it authorizes a municipality to license a business prohibited by the general law, the general law is thereby repealed or suspended by the legislature itself; the theory being, that it is the legislative enactment and not the city ordinance which operates the repeal or suspension of the general law, the repeal 'or suspension to take effect when the city ordinance is passed. — Olmstead…

Tried before the lion. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Lizzie Smith, against the appellee, Theodore H. Cox. There was much pleading in the case, and many exceptions reserved to the rulings of the court thereon; but it is unnecessary to set out these pleadings in detail. The claims of the plaintiff and defendant, respectively, and the property sued for, are set forth in the opinion.

Heard, before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellee, Thomas G. Hewlitt, against the appellants, H. Hayden Dargin, the Alabama State Fair & Racing Association and Webb Crawford. The facts of the case and the purposes for which the bill was filed, are sufficiently shown in the opinion. Each of the respondents demurred to the bill upon the following grounds : “1.

Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellee, T. W. Hannon, against W. G. Wharton, on March 2, 1892, for the purpose of having the respondent enjoined from obstructing an alley-way.

<p>Appeal from the City Court of Birmingham.</p> <p>Tried before the Hon. W. W. Wilkekson.</p> <p>The facts of the case are sufficiently stated in the opinion.</p>

Tried before the Hon. H. C. Speake. This was an action brought by the appellee, Cicero Woods, against the appellant, the Louisville & Nashville Railroad Company, to recover damages received by the plaintiff while in the service of the defendant upon one of its trains as a brakeman.

Tried before the Hon. H. C. Speake. This action was brought by the appellant, J. C. Scott, against C. M. Taul and G. L. Taul, who was his wife, and counted upon a promissory note, which the complaint alleged was transferred, sold and assigned to the plaintiff before the commencement of the action, bona fide for a valuable consideration and without notice of any defenses thereto on the part of the defendants.

Heard before the Hon. W. W. Wilkekson. This is an appeal from a judgment of the city court of Birmingham, denying the petition of the appellant for the issuance of a writ of mandamios, directed to the appellee, as treasurer of the town of W oodlawn; and the rendition of this judgment is assigned as error. The facts of the case are sufficiently stated in the opinion. The petitioner was entitled to a peremptory writ of mandamus, as applied for.

Tried before the Hon. H. C. Speaks. The proceedings in this case were had upon a prosecution-commenced before the mayor of the city of Cull-man, against the appellant, for failing to perform street duty as required by the charter of the city.

Appeals from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The original bill. in this case was filed by Ann E. McCaw on June 20, 1891, against R. G. Pegram, as trustee of the devisees under the will of John D. Rag-land, deceased, Prelate D. Barker, and James W. Lapsley, Osborne H. Parker, Oscar E. Smith and William Stringfellow, as executors of the will of Duncan T. Parker, deceased.

Tried before the.Hon. W. W. Wilkerson. This suit was brought on April 27th, 1895, by the appellee, Cora A. Thompson, against the appellant, the Pioneer Savings & Loan Company, a corporation which formerly did business under the name and style of the National Building, Loan & Protective Union. The complaint contained three counts, all suing for money had and received.

Heard, before the Hon. Thomas Cobbs. The bill in this caso was filed on December 14, 1896, by Drennen & Company. The bill averred that on July 30th, 1894, George 0.

Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellants, Marks, Rethenberg & Co., against the appellee, W. J. Wilson, to recover certain lands specifically described in the complaint.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellees against the appellant. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainants were entitled to the relief prayed for, and ordered accordingly.

Tried before the Hon. J. W. Foster. This was an action brought by the Alabama Terminal & Improvement Company against the appellee, C. J. Knox; and counted upon a promissory note, which had been executed by the defendant to the plaintiff. The facts of the case pertaining to the only questions reviewed on the present appeal, are sufficiently stated in the opinion.

Tried before the Hon. J. B. Moore, Special Judge. This was a statutory action of detinue, brought by the appellant, the Southern Granite Company, against the appellee, Herbert Wadsworth, as receiver of Chapman, Beynolds & Co., suing to recover certain specifically described pieces of granite.

Tried before the Hon. W. W. Wilkbrson. On November 2,1894, the appellants, Steiner Brothers, recovered a judgment in the city court of Birmingham against William Berney, for $2,000.95. On the 30th September, 1895, Steiner Brothers sued out a writ of garnishment upon this judgment, and had it served upon the Bank of Montgomery. The garnishee, through its cashier, answered the writ, denying any indebtedness or liability to the defendant Berney.

Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The court erred in allowing the defendant to file his plea of infancy after the cause was submitted for final decree, without notice to the complainant of the filing of said plea. — 6 Amer. & Eng. Encyc. of Law, 803 ; Joyce v. Gunnel, 2 Richardson's Eq. (S. C.) 259.

Heard before the Hon. Jebe N. Williams. The bill in this case was filed on June 19, 1895, by the appellee, Martin H. Sullivan, against the appellants, under the act approved December 10, 1892, “To compel the determination of claims to real estate,” &c. — Acts of 1892-93, p. 42. The complainant claimed title by mesne conveyances from purchasers of the lands involved in the controversy at tax sale.

Tried before the Hon. H. C. Speake. This suit was brought by the appellant, John F. Scott, against Silas P. Ryan, who was sheriff, and the sureties on his official bond, to recover damages resulting to the plaintiff from the wrongful act of the defendant Ryan, in taking and approving an insufficient forthcoming bond. It is unnecessary to make a detailed statement of the facts.

<p> Statutory Action of Ejectment. </p> <p>1. Homestead set apart to widow; her estate therein.- — Where a resident of this State dies, leaving a widow and no children, and at the time of his death owned personalty and certain lands which were his homestead, not exceeding the amount exempt by law to widow and minor children, and the widow, no administration on her husband’s estate being had, has ■ set apart to her, as provided by statute (Acts, 1886-87, p. 570) the property of the deceased husband as exempt, the title to such property, under the provisions of the act approved December 18, 1892, (Acts of 1892-93, p. 138), vests absolutely in the widow.</p> <p>2. Same-, same-, descent of'such property upon the death of widow. Where, after the setting apart of such property to-the widow as exempt., she dies leaving a mother and brothers and sisters, under the provisions of the act approved December 23, 1891, (Acts of 1890-91, p. 167), the mother and brothers and sisters of such widow become the owners of the lands by inheritance from her, to the exclusion of the brothers and sisters of the deceased’s husband.</p>

Heard before the Hon. H. A. Sharpe. The facts of the case are sufficiently stated in the opinion. 1. It is now well settled that employes of a railroad company, for work done within six months before the appointment of a receiver of such company, have claims or liens on the corpus and income of such company prior and superior to the lien of the bondholders under a trust deed executed by such company upon all its property before the work was done.

Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellee, the Chicago Building & Manufacturing Company, against the appellants to establish and enforce a mechanic’s and material-man’s lien. The facts of the case are sufficiently stated in the opinion.

• Tried before the Hon. J. W. Foster. This was a statutory action of ejectment, brought by the appellees, Plall & Farley, as trustees, against G-. A. Griffin and G. W. Connor, for the recovery of certain land specifically described in the complaint. The plaintiffs claimed as purchasers at a sale under an execution, which had been issued under a judgment recovered by them against one Foreman.

Tried before the Hon. John IT. Disqtjb. On February 10, 1896, the appellee, W. H. Denson, brought the present action against the First National Bank of Gadsden, to recover back double the amount of interest paid by the plaintiff to the defendant. The action is founded upon section 5198 of the revised statutes of the United States.

Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellee against the appellants, to set aside as fraudulent a certain conveyance executed by F. M. Prestwood, a debtor of the complainant, to the defendant, Georgia A. Prestwood, who was his wife. The bill was amended, but in making this amendment the complainant put no foot note to the amendment.

Tried before tire Hon. William S. Anderson. Held: that it is the duty of the court to exercise care and caution in instructing the jury as to the amount of damages recoverable; “it being so easy and natural to confound the corroding grief occasioned by the loss of the parent or other relative with the disappointment and regret occasioned by the default or neglect of the company.” —…

Heard before the Hon. David T. Blakey, Special Judge. The bill in this case was filed by the appellee, W. D. Brown, against the appellants, on November 30th, 1895. It avers that on the 2d day of August, 1886, F. C. Eandolph was duly elected judge of probate for Montgomery county, Ala., and that on the 3d day of August, 1886, he executed an official bond in the penalty of $25,000, with complainant as one of the sureties thereon.

Heard before the Hon. David T. Blakey, Special J udge. The facts of the case are sufficiently stated in the opinion. 1. The lien of the bond upon which the original bill was based, can form no part of any relief that might be granted upon the bill as amended, for it was executed subsequent to the execution of the mortgage. The bill as amended, therefore, makes a new case; it asserts a new title, to which the bond stated in the original bill is merely an inducement.

<p>Appeal from Sumter Circuit Court.</p> <p>Tried before the Hon. S. H. Sprott.</p>

<p>Appeal from Bibb County Court.</p> <p>Tried before the Hon. N. H. Thompson.</p>

<p>Appeal from Pike Criminal Court.</p> <p>Tried before the Hon. W. H. Parks.</p>

<p>Application for Habeas Corpus.</p>

<p>Appeal from City Court of Selma.</p> <p>Tried before the Hon. J. W. Mabry.</p>

<p>Appeal from Barbour Chancery Court.</p> <p>Heard before the Hon. H. D. Clayton, Special Chancellor.</p>

<p>Appeal from Russell Circuit Court.</p> <p>Tried before the Hon. J. M. Carmichael.</p>

<p>Appeal from the Circuit Court of Montgomery.</p> <p>Tried before the Hon. John R. Tyson.</p>

<p>Appeal from the Chancery Court of Shelby.</p> <p>Heard before the Hon. K,. A. D. Dunlap, Special Chancellor.</p>

<p>Appeal from the Circuit Court of Fayette.</p> <p>Tried before the Hon. S. H. Sprott.</p>

<p>Appeal from Pike Circuit Court.</p> <p>Tried before the Hon. J. W. Foster.</p>

<p>Appeal from the Circuit Court of Marshall.</p> <p>Tried before the Hon. J. A. Bilbro.</p>

<p>Appeal from Birmingham City-Court.</p> <p>Tried before the Hon. W. W. Wilkerson.</p>

<p>Appeal from Gadsden City Court.</p> <p>Tried before the Hon. John H. Disque.-</p>

<p>Appeal from Jackson Chancery Court.</p> <p>Heard before the Hon. W. H. Simpson.</p>

<p>Appeal from Wilcox Chancery Court.</p> <p>Heard before the Hon. William H. Tayloe.</p>