Volume 125 — Alabama Reports

Tried before tbe Hon. J. W. Foster. Tbe appellant was indicted, and tried for the murder of Francis B. Lloyd/was convicted of murder in tbe first degree, and sentenced to life imprisonment in tbe penitentiary. It was shown by tbe evidence that tbe deceased was billed by being shot with a shot gun by tbe defendant late one afternoon while he, tbe deceased} wag riding along tbe public road.

Tried before the Hon. G-. K. Miller. The appellant, Nathan Ragland, was indicted and tried for tlie murder of Will Braxdall, was convicted of murder in tlie first degree and sentenced to be hanged, The trial ivas begun on October 31st, 1899.' Before entering upon the trial on that day, the defendant moved the court in writing to quash the venire of the petit jury in said cause on the following grounds: “1.

Tried before the Hon. J. W. Mabry. The appellant, Cager Bondurant, was indicted and tried for the murder of William Lipscomb, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. When the case was called for trial, there was a motion made to quash the venire of- the regular juries. The grounds of this motion and the facts pertaining thereto are sufficiently stated in the opinion.

Tried before the Hon. A. H. Alston. The appellant in this case was indicted and tried for the murder of one Bob White, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.

Tried before the ITon. Samuel E. Greene. The appellant in this case was tried under an indictment which charged that before the finding of the indictment he “unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron pipe, against the peace and dignity of the State of Alabama.” The defendant was convicted of an assault with intent to murder and was sentenced to the penitentiary for ten years.

Tried before the Hon. A. A. Evans. The appellant, Gabe Harvey, was indicted and tried for the murder of Lizzie Bray, was convicted of murder in the first degree and sentenced to be hanged. The only witnesses shown :by the bill of exceptions to have been examined on the- trial of the case, were State witnesses. The evidence tending to connect the defendant with the commission of the crime was -circumstantial.

Tried before the Hon. James T. Beck. The appellant ivas indicted, tried and convicted for the larceny of two bushels of corn. The facts of the case are sufficiently stated in the opinion.

Tried before tlie Hon. H. C. Speake. Tlie appellant, James Percy, was indicted, tried and convicted for grand larceny. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal, are sufficiently stated in the opinion.

Tried before the Hon. W. C. Christian. The appellant in this case was indicted, tried and convicted for trespass after warning. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal are sufficiently stated in the opinion.

Tried before the Hon. S. H. Spkott. The appellant was tried and convicted under the following indictment: 1. “The grand jury of said county charge that before the finding of this indictment that Wilson Gilmore sold spirituous, vinous or malt liquors without a license -and contrary to law.” 2. “The grand jury of said county further charge that before the finding of this indictment Wilson Gilmore did sell, give away, deliver or otherwise dispose of spirituous, vinous, or malt…

■Appeal from tlie County Court of I/awrence. Tried before the Hon. J. C. Kempe.

Tried before the Hon. H. C. Speake. After the property of the appellant, Henry Stahmer, had been assessed for taxes, the tax commissioner of Cullman county increased the assessment of the eleven town lots from a valuation of $800 to $1,500. In answer to a citation, the said Stahmer appeared before the Board of Revenue and contested the raise of the assessment as made by the tax commissioner.

Tried before the Hon. D. It. McMillan. The prosecution in this case was commenced by an affidavit made by one W. P. Gilbert, charging that Andrew J. Shaw “did unlawfully, maliciously or negligently destroy, throw down or break a fence or inclosure, and did fail to immediately repair or rebuild the same, the said fence being the property of affiant.” The facts of the case relating to the claims of the defendant and of the prosecutor Gilbert to the contiguous lands and the…

Tried before the Hon. W. E. DeLoach. The appellant in this case, Dock Parker, was indicted,, tried and convicted for playing “at a game with cards or dice or some device or substitute for cards or dice at a tavern, inn, storehouse' for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed or given away, or in a public house, highway or some other public place, or at an outhouse Avliere people resort.” The indictment Avas…

Tried before tlie Hon. O. J. Semmes. Tlie indictment under which tlie appellant in this case was tiied and convicted contained six counts. The first Lhree counts in the indictment charged that the defendant feloniously took and carried away 100 pine logs; the said three counts differing from each other in the-way in which the ownership to the lands from which the logs were taken is alleged.

• Tried before the Hon. William C. Christian. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.' On the trial of the cause, the defendant introduced Webb Washington and Sid Clements as witnesses, and each of these witnesses testified to facts showing that the defendant at a designated time and place in Hale County, within twelve months before the finding of the indictment, carried a pistol concealed about his person.

Heard before tlie Hon. S. L. Fuller. Tlie proceedings in this case were had before the probate judge of Cullman county upon a petition filed by Clara Humphrey for a writ of habeas corpus, for the admission of the petitioner to bail. At the time of the filing of the petition and at the time of the hearing, the petitioner was confined in the county jail of Cullman county for murder.

Heard before the 1-Ion. William S, Anderson. This is an appeal from an order of Judge William S. Anderson of the Circuit Court of Mobile county refusing to grant a mandamus to Price Williams, Jr., Judge of the Probate Court of Mobile county, to allow an appeal to be taken from a decree of the probate court of Mobile county to the circuit court of Mobile county, to review certain condemnation proceedings begun in said probate court by the city of Mobile against the relator,…

This was a petition filed in this court by L. D. James, asking for a writ of mandamus, addressed to the judge of the city court of Birmingham, requiring him to set aside an order in which he declined to consider a motion made by the petitioner. The facts of the case are sufficiently stated in the opinion. cited Ex parte Highland Ave. & B. R. R. Go., 105 Ala. 221; Allen v. Elliott, 67 Ala. 437.

Tried before the Hon. James W. Lapsley. This action was brought by the State of Alabama against the Anniston Bolling Mills to recover a forty dollar license due .from the defendant for the doing of business in the State after February 18, 1897.

Heard before the Hon. Ti-ios. H. Smith. The bill in this case was filed by the appellant against the appellees under the statute to compel the determination of claims to real estate and to quiet title thereto, which now forms sections 809-813 of the Code of 1896. The property as to which the complainants seek to clear their title, however, consists' of several thousand acres of land in Baldwin county, Alabama, which form a number of different tracts.

Tried before the Hon. John P. Hubbard. -On February 23,1898, W. B. Folmar, the appellee, entered into what the witnesses in the present case termed a “rent sale contract” with J, E. C. Patterson, G-, W. I. Wynne and H. A. Wynne, in which contract the said Fol-mar agreed to sell to the other parties to the contract a certain tract of land containing 200 acres,, for the sum of $605.67, which sum was to be paid on the 1st day of October, 1898.

Appeals from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. The original hill in this case was filed by U. Virginia Ladd, as guardian of Aline Hollinger, a minor, against John M. Ladd, as trustee of the estate of said Aline Hoilinger.

Heard before the Hon. Thos. H. Smith. The bill in this case was filed by the appellees, Hieronymus Bros., against the appellant, Adam Glass, E. Turner, H. Turner and T, Turner, to have a certain instrument which was, on its face, an absolute deed, declared a mortgage. The bill as originally filed and as amended was demurred to, and the demurrers were sustained by the chancellor. An appeal was taken from this decree to the Supreme Court.

Heard before the Hon. Ti-ios. H. Smith. The bill in this case was filed on December 14,1898, by the appellant, Clara Neville, 'against James B. Kenney.

Tried before tlie Hon. William S. Anderson. This action is brought by the .appellee, John Coleman, against the Christian & Craft Company; and counts upon a certain judgment which was rendered in favor of the plaintiff against the defendant in the Supreme Court of British Honduras, the complaint averring that said judgment was rendered in a suit which was brought against the present plaintiff by the present defendant suing as “The Christian & Craft Grocery Company,” which was…

Tried before the Hon. A. D. Sayre. This was an action of assumpsit brought by the appellees against the appellant. The original complaint contained one count. By amendment another was added.The substance of these counts is sufficiently stated in the opinion.

Tried before the Hon. William S. Anderson. This action was brought by the appellant, The Bienville Water Supply Company, against the appellee, the City of Mobile. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.

Tried before tbe Hon. William S. Anderson. The appellee, the Bay Shell Road Company, brought the present action of forcible entry and detainer against the appellant, Mary Parley, to recover possession of a tract of land specifically described in the complaint, which it claimed had been in its possession and used by it as a part of its road. The action was commenced on January 15,1897, before a justice of the peace of Mobile county.

Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellees as administrators of the estate of Mary Auther, deceased; against the appellant to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. It was subsequently amended by the addition of three other counts. The 4th and 7th counts were stricken on motion of the plaintiff.

Tried before the ITon. James W. Shepherd. On the 20th of July, 1886, letters of administration on the estate of M. D. Burchfield, deceased, were issued to S. R. Burchfield, one of his sons and heirs at law by the probate court of Walker county, who entered upon the dischárge of his duties as such.

Tried before the Hon. N. D. Dionson. This action was brought by the Marbury Lumber Company against the Louisville & Nashville Bailroad Company.

Heard before the Hon. John C. Carmichael. On the 9th day of September, 1899, the appellant, Mrs. Susie Martin Morris, as the holder of 261-3 shares of stock in the Elyton Land Company, filed her hill for the purpose of annulling and setting aside a sale and conveyance -of the property of said company to the Elyton Company, another corporation with different powers, and to set aside and annul a mortgage executed by said Elyton Company to the Maryland Trust Co., as trustee, to…

Tried before the Hon. James J. Banks. On July 13,1897, the appellees, Long Bros., instituted the present suit, against I). K. Carter and J. B. Shields, the appellants; and counted upon a promissory note for $451.60. As originally frame*}, the 'complaint had three counts, but as the defendant’s demurrer was confessed as to the second count, no ‘further notice will be taken of it.

Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellants, T. R. Stacey and his wife, M. E. Stacey, against the appellees, I). C. Walter, T. B. Walter and J. B. Walter.

Tried before Hon. James J. Banks. This action was brought by Pearl O. Bryan, as administratrix of Olías. M. Bryan, against the Southern Railway Oompany, claiming $30,000 damages for the killing of plaintiff’s intestate, which was alleged to have 'been caused by the negligence of the railway company. The complaint contained fourteen counts.

Appear from the Circuit Court of Montgomery. Tried before 'the Hon. J. C. Rici-iardson. This action was brought by the appellee against the appellant,/claiming of the defendant $100 d'ainages for the failure to deliver a valise and its contents, which was checked by the plaintiff ;over the, defendant’s line. The suit was instituted in a justice of the peace court.

Clair. Tried before the Hon. George E. Brewer. This was a suit brought by the plaintiffs in usual form by summons and complaint against tlie defendants in the circuit court of St. Clair County, Alabama., on the 7th day of March, .1898, on au attachment bond in usual form executed by the defendants on the 15th day of December, 1897, and payable to the plaintiffs in the penal sum of three hundred and twenty-nine dollars, for the alleged wrongful and vexatious suing out an.…

Tried before the Hou. J. C. Richardson. This action was brought by the appellees against the appellant to recover the amount alleged to be due the plaintiff's from the defendant as attorney’s fee. The counts of the complaint are sufficiently stated in the opinion. Issue was joined upon the plea of non-assumpsit and payment.

Heard before the Hon. John H. Disque. The bill in this ease was filed by the appellants and averred the following facts: On February 19, 1891, one Bamuel L. Cox and his wife, E. W. Cox, executed 'and delivered a mortgage to the Land Mortgage Investment & Agency Company of America, limited, upon certain lands specifically described in the bill. A copy of this mortgage was attached as an exhibit to the bill.

Heard before the Hon. Oiías. A. Sexn. The bill in this case was filed by appellants to remove a cloud from the title of the complainants to the land described in the bill, by cancelling a deed made by them and others to Henry F. DeBardeleben and also the deed of those holding under the latter, on the ground that the deed first mentioned -was not signed by them, or by their authority.

Tried before the 1-Ion. James J. Banks. This was an action brought by F. W. Mosby against the Louisville & Nashville Railroad Company to recover damages for personal injuries received in the early morning' of March 7th, 1897, by a collision between an engine being operated by the L. & N. Railroad Company and an engine being operated by the Southern Railroad Company, on which latter engine plaintiff was engineer, The collision occurred at North Birmingham, where the two roads…

Tried before the Hon. W. W. Wilkekson. This action was brought by M. F. Hansford, as administratrix of Tlios. Hansford, deceased, against the: Tennessee Coal, Iron & Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. The complaint as amended contained twelve counts. The court gave the general affirmative charge in favor-of the defendant on each of the counts except the seventh.

Tried before 'the Hon. I). M. Powell, Special Judge. This action was brought by the appellant, Jesse Thompson, against the Town of Luverne to recover interest alleged-to-he due upon certain, bonds issued .by the defendant; and the complaint counted upon the interest coupons which were attached to -said bonds. The. material facts necessary to an understanding of the decision on present appeal are 'sufficiently stated in the. opinion.

Tried before the Hon. John H. Disque. This action was brought by the appellee, George D. Motley, against the appellant, Nellie A. Cowan; and sought to recover an attorney’s fee, which it is. alleged the defendant contracted to pay the plaintiff- The only question presented on the present appeal is. the ruling of the court upon the demurrers to the plea®, of the defendant to1 the third -and fourth counts of the amended complaint.

Tried before the Bon. John C. Carmichael. The bill in this case was filed by the appellees, C. Aultan & Co., as creditors of John Gamble, and seeks -to have declared void and annulled certain conveyances of property made by John Oamble to his co-respondents, who are his sons and daughters, on the ground that said conveyances were A'oluntnry -and made to hinder, delay and defraud complainants, aaíio Avere judgment creditors.

Tried bef ore tire Hon. G. K. Miller. This action was brought by the Birmingham & Atlantic Railroad Company against R. M. Jemison and S. W. Beavers, individually an'd as partners, 'doing business under tlie firm name an'd style of Beavers & Jemison. The complaint contained two counts, which, as amended, were as follows: “First.

Tried before tlie Hon. W. W. Wilkerson. These two appeals were taken from the same judgment in one case. The suit was brought by James Shannon, as administrator of W. I-I. Shannon, deceased, against Jefferson County to recover damages for personal injuries received by the intestate in the falling of •a public bridge along a public highway in the county, which injuries resulted in the death of plaintiff’s intestate.

Tried, before-the Hon. John H. His que. The facts of the case are sufficiently stated in the opinion. An unrecorded deed! is void, as there is no evidence of notice to the appellant, and no visible possession. — Motley v. Jones, 98 Ala. 443; To operate as notice to a subsequent purchaser -from the grantor, a grantee’s possession under an unrecorded deed must he open, visible, exclusive -and unambiguous, not liable to be misconstrued' or misunderstood.- — Wells v. Am. Mart.

Appear from the City Court of Birmingham. Tried before tlie Hon! W. W. Wilkerson. This was an action brought by the 'appellant against the appellee. The complaint contained two counts.

Tried before tlie lion. A. II. Alston. These two cases involve tlie same question and were tried upon substantially the same facts and on the pres•ent appeal are submitted together.

Tried before the Hon. A. I). Sayke. This was an action of assumpsit brought by the appellee, J. M. Dawson,, against the appellant, Thomas McFarland, in which the plaintiff sought to recover for professional services rendered to him by the defendant.

Tried -before the Hon. A. A. Coleman. -This action was brought (by the appellee, D.. F. Pickett, against J. M. G-uttery and 'Tlro-s. J. King, to- recover an amount alleged to be due the plaintiff from the defendants on a promissory note.

Tried before the Hon. John H. Bisque. This was an action of detinue brought by the appellant, B. C. Turrentine, against the appellee, J. E. Black-wood, to recover one hundred and eight bags of flour. The suit was originally commenced in a justice of the peace court. From a judgment by the justice of the peace in favor of the defendant, the plaintiff appealed to the city court of Gadsden.

Tried before the Hon. A.. A. Coleman. This action was brought by the appellee, John Mi 'Dubose, 'against the Bessemer Land & Improvement' ■Company, to recover damages for personal injuries sustained by the plaintiff while in the employ of the. defendant in its mines, on January 6, 1898. The con-plaint contained eight counts.

Heard before the Hon. Jebe N. Williams. The bill in this case was filed by -appellant, Lizzie G. Reeves, against the appellee, Ir-a Lampley, to enjoin-the sale of certain lands under a mortgage executed by the former to the latter, and to cancel, said mortgage-as a cl'oud upon appellant’s title.

Appeal 'from tlie City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellee, Ira P. Webb, brought this action against the appellant, Emmett F. Crook, judge of probate of Oallioun county, to recover the statutory penalty of two hundred dollars for the defendant’s issuing a license for the marriage of his daughter, who was under 18 years of .age, without the -consent of her parents or guardian.

Heard before the Hon. John. H. Disque. The bill in this case was filed by the appellant. against the appellee; and as amended it was averred in the hill that the National Building & Loan Association was a coropration arganized under the laws of the State of Alabama; “that the object of respondent corporation is to enable its members to accumulate in an easy manner by monthly contributions or assessments the necessary capital for acquiring, a homestead, to establish…

Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, William Robinson, by his next friend, against the Highland Avenue ,& Belt Railroad Company, to recover damages for personal injuries. The complaint contained but one count, and t'he averments of negligence in said count are set forth in the opinion. To this count of the complaint the defendant demurred upon the following grounds: 1.

Tried before 'the Hon. G. K. Miller. This action was brought by J. C. Bowe and Adeline Bowe, against the appellant, the Southern Building & Loan Association, to recover the statutory penalty for the failure on the part of the defendant, after request made by the plaintiff in writing, to enter on the margin of the record of a deed of trust, partial payments made by the plaintiff.

Heard before the Hon. John C. Carmichael. The bill in this case ivas filed by Bertha Speaker, a married woman, on June 28, 1898, for the purpose of haying a certain mortgage and deed cancelled as a cloud upon her title to lands specifically described in the complaint.

Tried before the Hon. John Pelham. This action was brought by the appellee, Peyton R.. Rowan, against the appellant, Eba Scarbrough, 'and. sought to recover damages for the alleged conversion of three bales of lint cotton. The complaint is set out -in extenso in the opinion.

Tried before the Eton. I-I. C. Speake. This suit was instituted on October 13, 1896, by the Alabama National .Bank against George C. Hunt, John B. Tally and William Richardson; and counted upon a promissory note for five hundred dollars, which was .signed by the defendants and dated January 20, 1896, and payable on May 1st, 1896, to the order of Joseph F. Johnston, which note was alleged in the complaint to belong to the plaintiff.

John C. Carmichael. The bill in this case was filed on the 5th day of June, 1895, by George C. Norton, G. H. Mourning, Alvah L. Terry and Douglas Barclay, as surviving partners of the firm o‘f J. M. Robinson & Oo., and 'avers the 'following facts: On the (5th day of December, 1892, B. R. Williams, H. W. Williams and R. L. Williams, as partners, under the name of B. R. William'S & Sons, were indebted to said J. M. Robinson & Co., a firm ’composed of complainants and J. M.…

Tried before the Hon. John Pelham. This action ivas brought by the appellants against T. G-. Bush to recover damages for the breach of a covenant of warranty. The complaint as amended contained three counts. In the first count the plaintiffs claimed both for the breach of warranty and for the breach of the statutory covenant of seizin. In the second and third counts the plainttiffs claimed under a breach of warranty of title as expressed in a deed.

Heard before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellant against the appellee, to have a deed absolute on its face, executed .by IT. L. Wheeler and his wife, to the respondent, declared a mortgage, and inasmuch as the debt secured by it bad been paid, to have said instrument cancelled as a cloud upon complainant’s title to the property therein conveyed, or to have said deed declared void and inoperative for want of a proper delivery thereof.

Tried before the Hon. James A. Bilbro. This action was brought by the appellant against the appellee. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. There were verdict and judgment for the plaintiff, assessing his damages at one dollar. From this judgment the plaintiff appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.

Tried before the Hon. J. O. Richardson. On June 24, 4893, R. L. McKissaek, as appellee, .instituted an action of trover against the appellant, L. D. Williams. The complaint then filed contained but one count, whiebL sought to recover |250 damages for the conversion by the defendant on February 17, 1893, of “one sorrel mare mule about ten years old; one twoliorse iron axle wagon, the property of plaintiff.” To this complaint the defendant filed two pleas.

Tried before the Hon. John H. Disqtje. The facts of the case are sufficiently stated in the opinion. The note as given the plaintiff asking for the cancellation of the mortgage was not a sufficient notice, within the meaning of the statute, to render the mortgagee liable for the statutory penalty for failure to enter satisfaction upon the mortgage record. — Loci) v. Huddleston, 105 Ala. 257; Gay, Hardie Co. v. Rogers, 109 Ala. 624; Scott v. Fields, 79 Ala. 214.

Tried, before the Hon. W. W. TVilkerson. This action was brought ’by the ’appellee, Mal inda ’-'Quick, against -the Louisville & Nashville Railroad Company, to recover damages for defendant’s carrying her beyond her place of destination. The complaint 'contained two counts.

Heard before the Hon. A. D. Sayre. The bill in this ease was filed on December 8, 1896, by the J. B. Brown Company, a corporation under the laws of Maryland; and it was averred in the bill “that nn the 3d day of November, 1896, J. O. McKenzie, doing business in the city of Montgomery, Alabama, under the name of J. C. McKenzie & Company, was indebted to complainant in the sum of two hundred and 'twenty-seven, 15-100 dollars, for which said sum said J. C. McKenzie, under the…

Tried before the Hon. H. C. Speaks. Frank Arndt, the appellee, was prosecuted in the mayor’s court of the city of Cullman, for an alleged violation of an ordinance of said city. From a judgment of conviction the defendant appealed to the circuit court. In the circuit court judgment was rendered in favor of the defendant. From this judgment the plaintiff appeals.

Tried, ‘before tbe Hon. H. C. Speake. This was a statutory action of ejectment, brought by tbe appellee, Hassie M. Cook, against tbe appellant, Isaac M. Cook, to recover a certain lot in tbe town of Newmarket, Madison county, Alabama, which was specifically described in tbe complaint.

Tided before the Hon. W. W. Wilkerson. This action was brought by the appellee, W. J. Sandlin, against the Louisville & Nashville Kailroad Company, to recover damages for personal injuries received by the plaintiff in a wreck of a train on the defendant’s road, and upon which he was a passenger. The complaint contained eight counts. The negligence averred is sufficiently stated in the opinion. There is no question raised on the pleadings.

Tried before the I-íon. A. A. Coleman. This action was brought by the appellee, Margaret J. Tegner, as executrix of William F. Tegner, deceased, against the Louisville & Nashville Railroad Company, seeking to recover $30,000 damages for the alleged negligent killing of the defendant’s testator.' The complaint contained eight counts.

April¿VL from the Circuit Court of Jacksou. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Moses B. Keel, a riparian proprietor, against the appellants to recover damages for injuries to his lands, alleged to have resulted from the negligence of the defendants in floating timbers in Paint Rock river.

Tried before tlie Hon. Thos. H. Smith. Tbe bill in this cause was filed by tbe appellees, Cbas. A. Sterne & Company, a partnership composed of Cbas. A. Sterne and Abe Kraus, against tbe appellant, (1. Monroe Little and A. C. Little, Ms wife.

<p>Appeal from tlie Circuit Court of Pike.</p> <p>Tried before the TIou. John P. Hubbard.</p> <p>The facts of the case 'are sufficiently stated in - the opinion.</p> <p>May on Insurance, § 80; Alabama State Mutual Insurance Go. v. Long G. & S. Go., 26 So. Rep. 657; Van Lane v. Joint Stoclc Insurance Company, 4 Hun. 413.</p> <p>cited, Pied. & Ar. Ins. Go. v. Young, 58 Ala. 476; Queen Insurance Go. v. Young, 86 Ala. 431; Royal Ins Go. v. Lubelslcy, 86 Ala. 535.</p>

Tried before the Hon. J. C. Richardson. Tlii-s was an action brought by the appellant against the appellee. The complaint as originally filed contained two counts.

Tried before the Hou. John B. Tyson. This action was brought by the appellee, the Green-ville Water Works Company, against the City of Green-ville, the 'appellant, and was instituted on July 20th, 1897. The complaint contained thirty counts. Counts numbered from 1 to 6 of the complaint each claimed $2,000 due on account on January 1st and July 1st, respectively, of each of the years 1895 to 1896.

Tried before the PIon. James A. Bilbko. The appellee, Robert E. Mason, 'brought a suit against the appellant, W. M. Gunter, in a justice of the peace court, to recover twenty-five dollars. From a judgment by default in the circuit court, an appeal is prosecuted to this court. Under the opinion on the present appeal, it is unnecessary to set out the facts in detail.

Heal'd before the Hon. James W. Lapslby. The 'bill in this case was filed by the appellant, the First National Bank of Anniston, against the appellees, May It. Elliott, John M. Elliott, A. G. Donehoo and Alfred H. Smith. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. The respondents demurred to the bill upon the following grounds: “1.

Heard before tbe Hon. James W. Lapsley. On May lGtli, 1894, T. L. Johnson filed a bill in the present ease, in which he averred that during the summer of 1892, and prior to September 1st of mid year, the firm of Pinson Bros. & Company, was engaged in general retail hardware business in the city of Gadsden; that said firm was composed of R. T. Pinson, Thos.