Volume 123 — Alabama Reports

Tried before the Hon. J„ J. Mayfield. The appellant, Burie Winter, was tried under an indictment charging him with murder in the second degree, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years.

Tried before the Hon. J. W. Foster. The appellant in this case was indicted, tried and convicted for an assault upon her child, with intent to murder it, and sentenced to the penitentiary for three years.

Appeal front tlie Circuit Court of Morgan. Tried before the Hon. H. C. Speaice. The appellant, James Hicks, was indicted, tried and convicted for an assault with intent to murder.

Tried before the Hon. John Mooee. The appellant was tried and convicted under an indictment which charged him with feloniously talcing and carrying away “one hog of the value of one dollar, tlie personal property of Grant Jaclcson.” 'Alien the ease was called for trial, and the State and the defendant announced ready, the bill of exceptions recites that “the defendant Abe Huckabee stated in open court to the court that since the indictment in this cause was returned by the…

Tried before tlie lion. James J. Banks. The defendant Folly Brock was jointly indicted with one Bill Coppin for living in adultery. On motion, a severance was had and the defendants were tried separately. Under the opinion on this appeal, it is unnecessary to set out in detail any of the facts relating to the rulings of the trial court to which exceptions were reserved, except that in reference to the argument of the solicitor.

Aituíal from the Circuit Court of Bullock.; Tried before the Hon. A. A. Evans. The appellant, Dan- Elder, was- indicted, tried and convicted of incest with one Paralee Elder.

John Moore, Tbe appellants, Tom Williams and Bobert Perry, were indicted, tried and convicted for robbery of one Walter C. Munden, and were sentenced to tbe penitentiary for twelve years.

Tried before tlie 1-Ion. John Moore. Tlie appellant was tried and convicted under an indictment wbicli charged that he feloniously took and carried away “from the warehouse of the Pensacola and Selma division of the Louisville & Nashville Railroad Company, a corporation under the laws of the State of Kentucky, a twenty dollar bill of the lawful currency of the United States of America, a further description of which is unknown to this grand jury, the personal property of the…

Tried, before the Hon. James T. Beck. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.

Tried before the Hou. William L. Pratt. The appellant, William Amos, was prosecuted and convicted under a complaint ivhich charged that the said “Wm.

Appeal'from the Circuit Court of Cullman. . Tried before the Hon. E. B. Almon. Luther Eoberson was-indicted, tried and convicted for the larceny of a coav. On the trial of the case, the eAddence for the State tended to show that the defendant Avas guilty as charged, and that he brought the coav to the city of Cullman and sold her to a butcher.

Tried before the Hon. James J. Banks. ' The appellant, Bill Coppin, was jointly indicted with Polly Brock for living in adultery. On motion there was a severance, and each of the defendants was tried separately. The facts of the case necessary to an understanding' of the decision on the present appeal are sufficiently stated in the opinion.

Appeal irom the County Court.of Wilcox. Tried before the Hon. James T. Beck. The indictment under which the appellant, Thomas Smith, was tried and convicted was as follows: “The grand jury of said county charge that before the finding of this indictment, Tom Smith, alias Thomas Smith, did assault and beat Taylor McWilliams, against the peace and dignity of the State of Alabama.” This indictment was preferred at the Spring Term, 1897, of the Circuit Court of Wilcox County.

Tried before the Hon. William L. Pratt. The appellant, Minnie Harris, Avas prosecuted and convicted under a complaint charging her with an assault and battery upon Rachel Duff, Rachel Duff, a Avitness for the State, testified that within tAvelve months before the making of the affidavit in this case, she had a difficulty Avith the defendant in Bibb county; that Avliile she Avas at a well getting water, the defendant, with other people, Avas passing by the well ■ on the…

A. A.- Evans. Tlie appellant' was indicted, tried -and convicted for tlie larceny of a liog.

Tried before tlie Hon. E. B. Wilkerson. Tlie defendant was indicted, tried and convicted for the larceny of a hog.

Tried before the Hon. J. W. Postee. The appellant, 'Joe Black, was indicted, tried and convicted for betting at a game played with cards or dice, or some device for cards or dice, in a public bouse, highway or some other public place, or at an outhouse where people resort.

Tried before the Hon. E. B. Wilkerson. The prosecution in this case Avas commenced by an affidavit made before the justice of the peace, which charged that “within twelve months before the making this affidavit, Ben Ford, alias Ben Tiner, bet at a game played with cards, or some device or substitute for cards, in a highway, or some other public place, against the peace and dignity of the State of Alabama.” To this affidaAdt the defendant demurred upon the ground that it…

Tried before the Hon. W. R. DeLoach. The appellant was indicted, tried and convicted for Selling spirituous, vinous or malt liquors without a license and contrary to law. The indictment was preferred by the grand jury of the circuit court.

Tried before tbe Hon. John Moore. Tliis is an action by tbe State of Alabama against tbe appellee for tbe recovery of tbe State and county license taxes for engaging in tbe business of buying and selling futures in the years from 1893 to 1898, both inclusive, together with tbe interest and ten per cent, commissions on tbe taxes and interest.

Tried before tbe Hou. W. J. Pearce. On April 17, 1899, Jack Haralson filed a petition for a writ of habeas corpus, addressed to Hon. W. J. Pearce, judge of the county court of Clay county.

Ciair. Tried before tbe Hon. George E. Brewer. Tbe prosecution in this case was commenced by an affidavit made before tbe judge of tbe county court of St. Clair county, wbicb affidavit was as follows: “Personally appeared before me A. G. Watson, judge of tbe county court in and for said county, D. D. Goode, wbo being duly sworn says on oatb that Ike Keller, within twelve months before making this affidavit in said county did peddle laces, notions, spectacles &c., without a…

This was an original application for manclanms filed in this court. The facts of the case are sufficiently stated in the opinion.

This ivas au original petition for mandamus filed in this court. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited, Ex parto Toioer Manfg. Co., 103 Ala. 115; Teague v. Corbitt, 57 Ala. 537; Moore v. Winston, 66 Ala. 296. cited Pearson v. Barrington, 21 Ala. 169; lb., 32 Ala. 266; Baker v. Mitchell, 109 Ala. 191; Tyqh v, Bolán, 95 Ala, 270; 3 Brick. Dig., .331, § 62,

Luther Roberson filed his petition in this court, averring that he Avas unlawfully confined in the county jail of Cullman county, and illegally restrained of his liberties, by virtue of a void and illegal judgment rendered against him in a case in Avhich he was prosecuted under an indictment for grand larceny. • The prayer of the petition was that a writ of habeas corpus he issued and that the petitioner be discharged.

Tried.before the Hon. J. J. Banks. This was a statutory action of ejectment, which was originally brought on June 12th, 1895, by the appellants, A. Y. Sharpe & Sons against Robert Hyman. Upon motion of Ida Brantley, wlio was the landlord of Roben Hyman, she was made a party defendant to the suit. The defendants pleaded the general issue.

Heard before the Hon. Price Williams, Jr. Gaylord B. Clarke, as administrator of the estate of B. H. Stout, filed a petition in the probate court of Mobile county, asking for the sale of real estate belonging to the estate of his intestate, to pay the taxes thereof. A decree was rendered ordering the said sale of said lands on February 15, 1892.

Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought on January 14, 1897, by the appellee, Samuel Linn, against the Tennessee Coal, Iron & Bailroad Company, to recover the possession of all of the northwest quarter of section 16, township 16, range 4 west, in Jefferson county, except that part of said northwest quarter which was designated as the “flats of Five Mile Creek,” which excepted portion is specifically described in the complaint.

Tried before the lion. A. A. Evans. This was an action for money had and received, brought by the appellee against the appellant, Thomas eJ. Ramser, as- executor of the last will and testament of Jacob Ramser, deceased. The cause was tried on issue joined on the plea of the general issue. The facts of the case are sufficiently stated in the opinion.

Heard before tlie Hon. A. D. Sayre. The bill in this case ivas filed by tbe Mobile & Montgomery Railway Company and tbe, Louisville & Nashville Railroad Company, against tbe Alabama Midland Railway Company. Tbe bill contained eight paragraphs.

Heard before the Hon. W. H. Simpson. The bill in this case was filed by W. M. Morris against Frank M. Miller, Callie A. Miller and Edna Morris. It was averred in the bill that on January 26, 1894,' the complainant and his Avife Edna Morris conveyed to the defendants, Frank M. Miller and Callie A. Miller certain lands, among which was the south of the southeast ¿ of section 1, toAvnship 8, range 4 west, said deed containing the usual covenants of warranty..

Appeals from Selma City Court. Tried before the Hon. J. W. Mabry-. These two cases involve the same questions and were submitted together.

Heard before the Hon. Jebe N. Williams. The bill in this case ivas filed by the appellants, Isabel V. Martin and her husband, J. W. Martin, against the appellee, H. M. Martin. Held: in the absence of proof that any debt still existed, that the paper Avas an absolute com Abeyance Avitli the privilege of re-purchase, and not á mortgage. Where there is no debt or obligation to pay, there can he no mortgage.

Tried before the I-Ion. J. W. Foster. This was an action brought by the appellee against the Alabama Midland Itailway Company, to recover damages for personal injuries alleged to have been su$tained by plaintiff by reason of tlie negligence of tlie defendant. ’ Tlie plaintiff claimed $2,000 damages, and it >vas averred in tin1 complaint that tlie plaintiff was a passen-ger on one of the trains of the defendant; tliat wlien tlie train arrived at Asliford, the place of…

■ Appeal from flic City Court of Montgomery, in Equi ty. Heard before the IIon. A. I). Sayre. Held: that the act or transaction of a third party, accomplished without the knowledge or consent of the debtor, and contrary to his will ancl desire, operates to transfer or assign the property of the debtor, and to divest him of his title and ownership therein, or to give another creditor a right of action against the debtor?

. Appeal from the; Circuit Court of Hale. Tried before tlie Hon. John Moore. This was an action brought by the appellee, J. L. Marx, against the appellant, F. A. Breitling, and counted upon two promissory notes, alleged to have been negotiable instruments, and which were made payable to i-I. W. Rumbley & Co. and were indorsed to the plaintiff, and owned by him at the time of the institution of the siiit.

Tried before the ITon. J. W. Fosetr. This action was brought by J. F. McDonald, as administrator of the estate of Jesse L. McDonald, against the Alabama Midland Railway Company; to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. Demurrers were interposed to the 5th count. The judgment entry in reference to such ruling on these demurrers is copied in the opinion.

Tried before the Hon. J. O. Richardson. This action was brought by the appellant, L. J. Armstrong, as administratrix of the estate of Charles Armstrong, deceased, against the appellee, to recover damages for personal injuries alleged to have been inflicted on plaintiff’s intestate, by reason of the negligence of the defendant or its employés, and which resulted in the death of plaintiff’s intestate. The complaint as originally filed, contained six counts.

the Circuit Court of Dallas. Tried before the Hon. John Moore.

Tried before the Hon. A. D. Sayre. The petition in this case, which was filed by the appellant, is set out in extenso in the ojfinion. The respondent, R. P. McDavid, demurred to the petition, and to the writ issued thereon to him, and also moved to quash said writ upon the following grounds: “1st. That, the relator, 1.

Tried before the Hon. A. A. Coleman. O. L. Bridges, the appellee, brought an action of assumpsit against the appellants in a justice of the peace court, and recovered judgment against the defendants in said court. From this judgment the defendants appealed to the circuit court, giving an appeal bond.

Tried before the Hon. John C. Anderson. This was an action of trover, brought by the appellant, N. B. Boyles against the appellee, William Knight, to recover damages for the alleged conversion of a certain amount of cotton. The suit was instituted on November 6, 1897.

Heard before the Hon William B. Simpson. The bill in this case was filed by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. Held: 2 Sim. N. S. 133; Schotts Iron Go. v. Inglis, 7 App.

Tried before the Hon. Chas. A. Senn. This action ivas brought by the May &.Thomas Hardware Company, a body corporate, against the Mayor and Aldermen of Birmingham, to recover |72.50, demanded of the plaintiff by the defendant and paid by it under protest and after threats of levy as and for city taxe ? upon its stock of merchandise.

ÁXTT5AE from tlie Chancery Court of Henry. Heard before the Hon. Wit/uaw L. Parks. The bill in this case, was filed by the appellants against the appellee, who had instituted an action of ejectment for the recovery of the possession of certain lands specifically described in the bill against E. L. Faulk, who was holding said lands as the tenant of the complainants.

Heard before the Hon. Jeue N. Williams.. The bill in this ca'se was filed by the appellant against the appellee, IV. Held: that the arbitrators acted correctly and should not have considered the items here complained of.

Aiteal from tlie City Court of Montgomery, in Equity. Heard before tlie Hon. A. I). Sayre. Tlie bill in tliis case,was filed by tbe appellee on November 16, 1898, against tbe appellants. Tbe bill averred tlie following facts, tlie numbers corresponding to tlie separate paragraphs of tbe bill: (1.) That the Builders & Painters Supply Company was organized in 1891 with a capital stock of $30,000, and has continuously done business since then.

Ai>i>eai, from the City Court of Montgomery, in Equity. Heard before the Hon. A. 1). Sayre. The bill in this case was filed by the appellees against the appellants. The averments of the bill are sufficiently stated in the opinion. Greil Bros. & Co., Steiner & Lobman, and Haynes, the sheriff, are made parties defendant.

Tried before tlie I-Ion. J. C. Richardson. On May 23, 1896, P. W. White made affidavit that at the November term, 1895, of the Montgomery circuit court, the appellant, S. Roman, recovered a judgment against the Montgomery Iron Works for $2,200, and that he believed the appellee, J. W. Dimmick, was indebted to it, and process of garnishment was necessary to collect the debt.

Heard before the Hon. John C. Caemichael. On May 19, 1898, the stockholders of the Corona Coal & Coke Company filed their petition in the chancery court, asking the dissolution of said company as pro-Tided for under the statute; and on August 5, 1898, the chancellor rendered a decree dissolving said corporation.

Tried before tlie Hon. John Moore. Tlxis action was brought by the Louisville Banking Company against Howard & Kornegay; and counted on a promissory note executed by the defendants on September 4, 1896, and made payable to the Commercial Bank of Selma, on October 4, 1896, at the Commercial Bank of Selma, and which note the complainant avers was indorsed by the Commercial Bank of Selma and was the property of the plaintiff.

Tried before the Hon. John It. Tyson. The appellee, Dr. M. L. Wood, brought an action of as: sumpsit in the circuit court of Montgomery county, against E. P. Morrisott as executor of the last.-will of B. L. Barksdale, deceased, to recover fifteen hundred dollars plaintiff claimed to be due him for medical services rendered to defendant’s testator.

Appeae from the Circuit Court of Bibb. Tried before the Hon. A. (t. Smith, Special Judge. This was a statutory action of ejectment, brought by the appellant, Fannie Price, on August 19, 1896, against the appellee, J. U. Cooper, to recover certain lands specifically described in the complaint. The trial was had upon the plea of the general issue. The plaintiff introduced in evidence a deed from Alex Avery, Jr., and wife to Stephen AY.

Tried before the Hon. James J. Banks. This was an action of trespass brought by the appellee, J. C. Stovall, against W. B. Appling, W. E. Appling and B. M. O’Bear, and sought to recover damages for the wrongful taking of a horse, alleged to be the property of the plaintiff. The defendants pleaded the general issue and justification under a writ of execution.

Tried before the lion. Chas. A. Senn. On the 29th day of April, 1898, W. P. Ward, the appellee, commenced a suit in the city court of Birniing-' ham, against IV. P. Bewley, to recover of him one hundred dollars due by-promissory note, and on the 28th of November, 1898, he recovered a judgment in said court against the defendant for ,$126 and costs.

AppeaIj from the Circuit Court of Covington. Tried before the Hon. J. W. Foster. This action was brought-on May 15, 1897, by the appellee, M. J. Coffee, against the appellant, C. H. Holley; and counted upon three promissory ..notes, given by the defendant to the plaintiff on April 80, 1883.; and made payable sixty days, 4 months, and G months after date, respectively.

Aiteal from the Chancery Court of Shelby. Heard before the I-Ion. J. R. Dowdell. On November 23, 1887, the appellee, the American Mortgage Company of Scotland, filed a bill in the chancery court of Shelby county, asking for the foreclosure of a certain mortgage executed by Sarah-Wells, deceased, to the complainant mortgage company, to which said suit H. R. Wells, as administrator of the estate of Sarah 'Wells, deceased,-and others were made parties defendant.

Tried before the Box. Jas. j. Banks. This was a statutory action of ejectment, brought by the appellants against the appellee to recover certain lands specifically described in tlie complaint. The facts of tlie case pertaining to the rulings of the court. reviewed on tlie present appeal are sufficiently stated in the opinion.

Arpear from tlie Chancery Court of Butler. Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellants, on April 14, 1899, as property owners and tax payers of Butler county, avIio filed said bill in their own interest as citizens, property holders and tax payers and in the interest of all other citizens of said county.

Heard before the Hon. William I-I. Simpson. The bill in this case was filed by the appellant against the appellees. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Heard before the Hon. William H. Tayloe. The bill in this case was-filed by the M. Gaily Universal Press Company against the appellant, • Maria M. Kuhl, to foreclose a mortgage which was executed by the defendant Kuhl to the Clawson Slot Machine Company, to secure the payment of her 16 promissory notes of $250 each, which said notes were payable to Charles Schimpf, and were by said Schimpf indorsed in blank to the Claw-son Slot Machine Company.

Tried before the Hon. J. W. Foster. On November 3, 1894, appellee instituted suit against appellant upon a note executed on April 27th, 1891 and payable November 1st, 1891. The note was signed in the name of “J F. Roper & Co.” and the complaint averred that appellant’s intestate was a member of said firm. Defendant pleaded non cst factum. The facts showing the other pleadings in the case are sufficiently stated in the opinion.

Tried before the Hon. A. A. Evans. This action was brought by the appellant, Mrs. S. A. Stallings, against the appellee, Alto V. Lee, to recover an amount alleged to be due on an account. The defendant pleaded the generad issue and by special plea that the items constituting the account were for whiskey sold in quantities less than a quart, and that the plaintiff had no license authorizing said sale.

Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the appellants against the appellees. Held: “If a mortgagee becomes the purchaser at his own sale under a power in the mortgage, Avithout the consent of the mortgagor, the latter may disaffirm the sale within a reasonable time, and claim a redemption and account;'but, not having exercised this right himself, he cannot assign or conkey it to another person, so as to authorize…

. Tried before the Hon. W. W. Wilkerson. This was a statutory action of ejectment, brought by the appellee, the Alabama National Bank, on March 1, 1898, against the Ivy Leaf Coal & Coke Company,. to recover possession of certain lands specifically described in the complaint. It was shown by the Evidence that on May 4, 1893, the Birmingham National Bank recovered a judgment against one Walter Moore, in the Circuit Court of Jefferson county.

Heard before the Hon. Trios. H. Smith, The bill in .this ease was filed by the appellees'as judgment creditors of E. N. Cottingham & Co., and averred that prior to December 23d, 1892, the complainants were the creditors of E. N. Cottingham & Co., a firm carrying on a mercantile business and composed of E. N. Cottingham and J. L. Suttle; that judgment was recovered on their claims and execution issued on said judgment and returned “No property found;” that on December 23d,…

Tried before the Hon. H. A.. Sharpe. This was an action instituted by Henry B. Gray, as transferee of Wm.

Tried before the ITon. J. C. Riciiarjdson. This, was an action of unlawful detainer, instituted by the appellant, T. J. Howard, against, the appellee, B,. J. Jones; to recover thp possession of a certain lot of land specifically described in the complaint.. This appeal presents for review only the rulings of the trial court upon the pleadings.

Heard before the I-Ion. W. L. Parks. The bill in this case was filed by the appellants against the appellees. The following facts were averred in the bill: On August 20, 1892, the complainants signed a bond of one J. M. Liles, who died before the filing of this bill, to contest with Robert J. McCreary the election to the office of tax collector of Conecuh county, as provided at that, time by law.

Tried before the Hon. J. W. Foster. On October 7, 1898, M. F, Lawrence, by her agent, made affidavit, and bond for attachment against J. W. Mitchell, for rent of land for the years 1897 and 1898, before B. W. Starke, a notary public and ex-officio justice of the peace for Pike county, for the sum of forty dollars, who issued &n attachment writ returnable before H. M. Wadsworth, a justice of the peace for said county of Pike, which was levied by a constable of said county on…

Heard before the Hon. William; H. Simpson. The bill in this case was filed to enjoin the threatened injuries to a party Avail. The report of the case on the former appeal, from a decree dissolving a preliminary injunction, discloses the state of facts alleged in the bill as originally filéd. — McMinn v. Karter, 116 Ala. 390. After the remandment of the cause on the former appeal, the bill Avas amended.

Heard before the Hon. A. D. Sayre. The bill in this case was filed on February 7, 1898, by the appellee, the Inter-State Lumber Company, a corporation organized under the laws of Tennessee, and averred that after entering into a contract with “The Coliseum,” a corporation under the laws of the State of Alabama, to erect and construct for it a building on its property, the complainant did said work and erected said building in accordance with said contract.

Heard before the Hon. J. R. Dowdell. The bill in this case was filed on December 26,1895, by the appellant against the appellees.

Tried before the Hón. J. W. Foster. This was an action for money had and received, brought by the appellant, J. H. Sweetser, against the appellee, Eli S. Shorter. The cause was tried upon the plea of the general issue.

Tried before the Hon. J. A. Bilbeo. On December 17, 1897, the-mayor and board of aider-men of the city of Attalla, passed an ordinance regulating the carrying on of business and fixing the license for occupations, professions and the doing of business in said city.

Heard before the Hon. W. C. I). Cook. The proceedings in this ease were had on the final settlement of the accounts of P. M. Green, administrator of the estate of William E. Siniard, deceased, with… Held: the money for more than four years and a half without making a settlement. — Code, 1896, § 260; 1886, § 2198. The fact that he denies on oath that he has not used the trust fund covers only tlie period allowed by law for keeping funds of estates.

Appeals from tlie City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. . These two cases are identical in every feature except the name of the appellant and the amount sued for.

Tried before the Hon. James W. Lapslby. The facts are sufficiently stated in the opinion. The contract sued on in this case was valid and binding. Even if it Were conceded that it, was beyond the power of the corporation to make such an agreement, the most that could be said of it is that it might be ultra vires.

Tried before the Hon. E. B. Almon. The facts of the case are sufficiently stated in the opinion.

Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellee, the Parley National Bank, against J. M. Henderson, Alex Henderson & Co., Alex Henderson, W. O. Black, Pox Henderson and Maggie Henderson.

• Appeal from the Circuit Court of DeKalb. Tried before the Hon. J. A. Bilbro. This action was brought by' the appellee, Palestine, Siniard, against the Alabama Great Southern Railroad Company, to recover damages for personal injuries. The complaint contained four counts. Defendant’s demurrer to the 1st count was sustained, and the 3d count was stricken from the complaint by the plaintiff.

Cleburne. Tried before the Hon. J. R. Barker, Special Judge. This action ivas brought by the appellees, Simmons & Bagwell, against the appellant, August Johnson, and S. O. Hawkinson; and sought the enforcement of a material-man’s lien upon the property of August Johnson, which is described in the complaint as a two-story frame building or dwelling house on lot No. 9, in block No. 5 in the city of Fruitliurst.

Tried before the Hon. John R. Tyson. The appellant, W. F. Shell, filed a petition addressed to the Judge of the Second Judicial Circuit, in which he averred the following facts: That he was. the owner of certain claims against the fine and forfeiture fund of Butler County, as was evidenced by the certificate of the Probate Judge of said county, issued to him and dated February 11,1890; that he had filed said claim for registration with the Treasurer of Butler County, in…

Clair. . Tried before the Hon. George E. Brewer. This was an action brought by the appellee, the Teh: nessee Implement Company, against the appellant, T. J. Hodges; and counted on- a promissory, note for $96.30, given by the defendant to the plaintiff. The defendant pleaded the general issue,.payment, and accord and'-satisfaction. Upon these pleas issue was joined. .

Arpead from tlie City Court of Montgomery. Heard before tlie Hon. A. D. Sayre.

Heard before the Hon. James J. Mayfield. On July 13,1898, the appellant, Tennie Williams, filed the hill in the present case, in which she averred the following facts: Martin,M. Williams, Sr., being the owner of certain specifically described lands, on January 31st, 1883, executed a deed of conveyance to said lands, to his son W. W. Williams.

Tried*before the Hou. J. W. Foster. This was a statutory action of ejectment, brought by the appellant, Lucy Adams, against the appellees, N. G. and A. J. Teague, to recover the possession of certain lands specifically described in the complaint. The plaintiff’s claim of title to the lands sued for was based upon her right as purchaser at the foreclosure sale under the power contained in a mortgage which was executed by the defendants and L. E. McAllister to the plaintiff.

Tried before the Hon. J. W. Foster. This was an action brought by the appellant, J. W. Clark, against the appellees, Wright, Henderson & Rainer, to recover the statutory penalty of two hundred dollars, for the failure of the defendants to enter upon the margin of the record, the payment of a mortgage made by the plaintiff to the defendants. The cause was tried on issue joined on the plea of the general issue.

Heard before the Hon. H. A. Sharpe. Upon a bill filed by the Mercantile Trust & Deposit Company, receivers were appointed for the Mary Lee Coal & Railway Company. By the decree appointing said receivers, a reference was ordered to be held before the register, in order that creditors claiming to have a lien might bring their claims before the register for adjudication.

Clair. Tried before the Hon. George E. Brewer. This was an action brought by the appellee, W. W. Griffin, against the appellant, N. O. Hamilton, in which the plaintiff sought to recover the statutory penalty for the defendant cutting trees on certain lands alleged to be the property of the plaintiff and described as the northwest quarter of section 17, township 15, range 5 east, in St. Glair county, Alabama.

Tried before the Hon. James J. Banks. • This action was brought by the appellee against the appellant, to recover damages for negligently killing a horse, the property of the plaintiff. The appeal is prosecuted from a judgment in favor of the plaintiff, and the only question presented for review is, whether or not, under the evidence, the affirmative charge which was requested by the defendant and refused by the court, should have been given.

Appear from the Circuit Court of Henry. Tried before the 1-Ion. J. W. Foster, On. the 1st day of February, 1897, Butler & Stevens sued out of the circuit court of Henry county, Alabama, a writ of attachment returnable to said court, and had the same levied by the sheriff on a lot of property belonging to the firm of Nicholson, Blount & Oo.

Héard before the Hon. J. P. Stiles. The proceedings in this case were had upon a partial settlement made by H. K. White, as administrator de boms non of Samuel Thompson, deceased. On this settlement, White, as administrator de bonis non of said estate, asked to be allowed a credit for money he had paid to one Bobert Charlson.

Tried before the Hon. J. W. Foster. Charles Henderson & Co. instituted a suit against the Internatipnal Export Corn & Oil Company, and sued out a writ of attachment as ancillary to said suit. This writ of attachment was levied upon a car load of corn in the city of Troy, Alabama.

Tried before the Hon. J. W. Foster. This action was brought by the appellant, R. M. Nelson, against A. O. Sanders, to recover an amount alleged to be due to the plaintiff as rent for “240 acres of land in Pike county, Alabama, known as the R. F. and J. A. Park lands.” The defendant pleaded the general issue and payment.

Heard before tlie Hon. A. D. Sayre. Tbe bill in this case was filed by the appellants against the appellees. Tlie facts averred in the bill, and the purposes for which the bill was filed, are sufficiently stated in the opinion. The defendants, J. M. Henderson and Maggie C. Henderson demurred to the bill on the ground that J. C. McKenzie was not a material party to the suit; and was, therefore, improperly joined therein as a party defendant.

v Heard before the Hon. Jere N. Williams. The bill in this case was filed by appellant, on the 3d of January, 1896, against appellees, C. C. Kennedy and wife, Mattie Kennedy, to foreclose a mortgage on land, executed April 9,1892.

Heard before the Hon. Thomas Cobbs. Tbe bill in this case was filed by tbe appellant, the' State of Alabama for tbe use of Fayette County, against tbe appellees.

Heard before the Hon. W. L. Parks. Tlie bill in this case was filed by the appellees, W. F. Vandiver & Co., against the appellants, Mary Bontwell and P. F. Boutwell. The averments of the bill are substantially as follows: On May 4,1898, the complainants recovered a judgment against P. F. Boutwell, in the circuit court,of Butler county. Execution was issued on this judgment and levi'ed upon certain property.

<p>Appeal from the Chancery Court of Jefferson.</p> <p>Heard before the Hon. Thomas Cobbs.</p> <p>The facts of the case are sufficiently stated' in the opinion.</p>

Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, D. E. Rosser, against R. R. Bomar; and counted upon three bonds, executed by the defendant to the plaintiff. The pleadings in the case are sufficiently stated in the opinion. Upon the trial of the case, the plaintiff introduced the thrde bonds sued on, which were signed by the defendant, and in which he promises to pay to the plaintiff the several amounts claimed.

Tried before the Hon. James A. Bilbro. This was a statutory contest of the election for mayor of the town of Huntersville, which was instituted by the appellee, George W. Jones, as contestant, against the appellant, Jeff D. Davis. The facts of the case are sufficiently stated in the opinion.

Heard before the- Hon. J. C. Carmichael. The bill in this case was filed by the appellees.as holders and owners of forty-five shares of the capital stock of the Jasper Land Company, a corporation with a capital stock of $500,000 divided into 5,000 shares of the par value of $100 each. The purpose of the bill is for the appointment of a receiver of said Jasper Land Company.

Judicial Circuit denying mandamus. Heard before the Hon.' George E. Brewer.

Clair. Tried before the Hou. George E. Brewer. This was a statutory trial of the right of property, which was instituted by the testate of the appellee interposing a claim to property which had been levied upon under execution issued on a judgment recovered by the appellant against J. D. Turner and others. There were verdict and judgment for the claimant, and from this judgment the present appeal is prosecuted.

Tried before the Hon. George E. Brewer. ■ This action was brought by the appellee, Noah Coe, against the appellant, J. B. Adams, and sought to recover damages for false imprisonment. The complaint claims |5,000 as damages for that the defendant caused the plaintiff to be arrested and imprisoned on a warrant which is set out at length in the complaint, and is copied in the opinion. It was further averred in that complaint that said warrant was issued by M. ¡8.

Tried before the Hon. John W. Bishop. This action was brought by the appellee against the appellant, and counted in the Code form, upon a policy of insurance.

Heard before the Hon. John C. Eyster, Special Chancellor. ■ The appeal in this case was prosecuted by the complainant in the original bill, from a decree rendered by the chancellor, on the submission of the cause on the pleadings and proof. The facts of the case are sufficiently stated in the opinion.

Tried before the Hou. J. A. Bilbro. This action was brought by C. C. Parker & Co., a partnership composed of C. O. Parker and E. B. Ray, against the Nashville, Chattanooga & St. Louis Railway.

Tried before the Hon. George E. Brewer. The appellees brought an action of detinue against the appellants to recover certain machinery. Upon the introduction of all the evidence, the court at the request of the defendants gave the general affirmative charge in their behalf. There were verdict and judgment for the defendants. Thereupon the plaintiff made a motion for a new trial. The grounds of this motion and the evidence in the case are sufficiently stated in the opinion.