Volume 128 — Alabama Reports

Tried before the Hon. A. D. Sayre. The appellant in this case was tried under an indictment which charged that she “willfully set fire to or burned a dwelling house of Pat Gibbons, in which there was at the time a human being,” etc. The defendant was convicted of an attempt to commit arson, and sentenced to the penitentiary for two years.

Tried before the Hon. A. D. Sayre. The appellant, Adolphus S. Herald, Jr., was tried under an indictment charging that he “unlawfully and with malice aforethought killed I). A. Hyatt by shooting him with a pistol,” was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years. On July 17, 1900, the defendant being present, the cause was set for tidal on August 2, 1900.

Tried before the Hon. William S. Anderson. The appellant in this case was indicted, tried and convicted for murder in the first degree and ’sentenced to be hanged. The facts of the case pertaining to the rulings of the court upon the motion to quash the venire are sufficiently stated in the opinion.

Tried before the Hon. J. C. Richardson. The appellant, Robert Wilson, ivas tried under the following indictment: “The grand jury of said county charge that before the finding of this indictmbent, Robert Wilson, alias Dnncan, unlawfully and with malice aforethought killed Clarissa King, alias Clara - King, alias Cain, hy shooting her with a gun, against the peace and dignity of the 'State of Alabama.” The defendant was convicted of anurder in the first degree and sentenced…

Tried before rtihe Hon. Samuel E. Greene. Felix Wood, the appellant, and Marion Wood, together with four others, were jointly indicted for an assault with intent to murder one John A. Brooks. The appellant was convicted of the offense charged, and sentenced to the penitentiary for a term of ten years.

Tried before tlie Hon. A. A. Evans. The appellant, Frank Littleton, was jointly indicted with 'One Henry Thomas for the murder of Ella Hodges. The defendant Littleton demanded a severance, which was granted; thereupon he wa's tried separately, was convicted of murder in the first degree, and sentenced to the penitentiary for life. ■ The evidence in the ease tending to show that the defendant Frank Littleton murdered Ella Hodges was entirely circumstantial.

Tried before the Hon. J. C. Richardson. ¡The appellant was tried under an indictment charging him with assault with intent to murder. He filed a plea of former conviction, setting out that he had been tried and convicted by the mayor of the town of Brewton for an assault and battery for the same acts and offenses •which were charged in the indictment.

Tried before the Hon. A. D. Sayre. The appellant was indicted, ¡tried and 'Convicted for an assault with indent to murder, and 'sentenced to the penitentiary for two years. The facts of the case are sufficiently stated in the opinion. cited Ex'parte Pruitt, 99 Ala.-228; Brown v. State, 105 Ala. 117; State v. McFarland, 121 Ala. 47. cited Baysinger v. State, 77 Ala. 60.

Tried before the Hon. J. C. Wood. iThe appellant was indicted, tried and convicted for gaming. When his ease was called, for trial the defendant objected to being put to his trial, on the ground that the act “to confer additional jurisdiction upon the county court of Lowndes eoimty and to regulate the proceedings therein,” under which act 'the court was proceeding-in the trial of his case, was unconstitutional, on the following grounds: 1.

Heard before the Hon. A. 1). Sayre. One Brooks Fuller was arrested in the city of Montgomery upon a charge of assault with intent to murder, in three cases. He was carried before the recorder of the oity of Montgomery sitting as a' committing magistrate, and oil April 8, 1899, the recorder hound said Fuller over in each of the three case's to answer an indictment for that offense, and fixed his bail in each of the cases in the sum of $500.

Tried before the Hen. A. I). Sayre. Peter Sankey, Harkness Belser and Gov. Fortner were jointly indicted -for an assault 'with intent to murder one Phillip Taylor. On motion -of Peter Sankey a severance was had and he was tried separately and was convicted of an assault.

Tried before the I-Ion. A. I). Sayre. The appellant was indicted and tried for unlawfully and -with malice aforethought killing one Willie Hooks by shooting him with a gun; was 'convicted of murder in the second degree and sentenced to the penitentiary for 11 years.

Tried before the Hon. A. 1). Sayre. The appellant was indicted and tried for murder, was convicted of murder in the second degree, and sentenced (to the penitentiary for 18 years. • On the trial of the cause it was shown by 'the evidence that the defendant shot and killed one-Brown with a pistol; the circumstances of the killing being proven.

Tried before tile Hon. W. S. Anderson. This was ail action brouglit by tlie appellant, Stephen Touart, doing business under tlie name of tlie Mobile & Tuscaloosa Coal & Transixn-tation Company, against tlie Yellow Pine Lumber Company, a 'corporation, and sought ito recover damages for tlie alleged breach of a contract. The 'Complaint contained six counts.

Heard before the Hon. John C. Oarmici-iael. On April 13th, 1900, Wm.

Tried before the Hon. A. D. Sayre. This was an acitrón brought by the appellant, Martin H. Sullivan, “who sues as surviving partner of a partnership composed of said plaintiff and Daniel F. Sullivan, now deceased, doing business in the name of Daniel F. Sullivan,” against the Louisville & Nashville Railroad Company.

Aittiau from the Chancery Court of Mobile. Heard before the ITon. Thomas H. Smith. The bill in this case was filed by the appellants, I). R. Burgess & Company, against the appellees, E. E. Blake and C. E. Blake; and sought to foreclose a mortgage executed by the defendants, and embracing certain lands in Baldwin county, Alabama. The bill averred the execution of a mortgage by E. E. Blake and his wife, O. E. Blake, and attached the 'same as an eixhibit.

Appear from the Probate 'Court of Jefferson. Heard before the Hon, E. H. Oabaniss, Special Judge, The proceedings in this, ruse were instituted by the Birmingham Traction Company filing a petition in the probate court of Jefferson county, seeking to have condemned a right of way and a crossing along and over the right of way and track of the Birmingham Hallway & Electric Company, the point at which the crossing was to he made being in the town of Woodlawn near .Birmingham.

Tried before tbe Hon. William S. Anderson. Tliis was an action rof assumpsit -brought by the appellee, Rufus Dane, against Mi's. Lettice L. Clark, as administratrix of the estate of Gaylord B. Clark, deceased, •to recover $286.88, an amount alleged to be clue as a contribution upon a debt, paid by the plaintiff for and on account of defendant’s intestate, which debt was evidenced by a promissory note signed by the plaintiff, defendant’s intestate and others, as joint makers.

Heard before the Hon. John C. Carmichael. The bill in this ease was filed by appellees as simple contract creditors of W. J. Kelso, for themselves and all other creditors of Kelso, who made themselves parties to the hill, attacking as fraudulent and void a mortgage by Kelso to Roden & Co., on a 'stock of merchandise, and a subsequent agreement between them, whereby the stock was disposed of by Kelso for a reward from and as 'the agent of Roden & Co., and for the 1'atter’s…

Heard before the Hon. A. A. Coleman. This was a statutory proceeding in the nature of quo warranto to try title of appellees to the office of police commissioners of the city of Birmingham. Appellees claimed title by virtue of an election held in accordance with the act of the General Assembly (1898-99, p. 129).

Tried before the Hon. John H. Disque. This was an action of ejectment brought by the appellants against appellees. Plaintiffs claimed title under a deed alleged to have been executed by Micajah Sanson and wife to Eliza La’ster for life with remainder to her 'children, who are plaintiffs.

Heard before the Hon. William W. Wilkerson. Tiie bill in this ease was filed on Muy 3, 1890, by Martha A. Neal, as administratrix of the estate of David Neal, deceased, against the Louisville & Nashville Railroad Company and the South & North Alabama Railroad Company.

Tried before the Hon. John II. Disque. This was an action brought by the ifppellee against the appellant. The facts of the case are sufficiently stated in the opinion. ■ The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence the court rendered judgment for the plaintiff. The defendant appeals, and assigns as error the rendition of judgment in favor of the plaintiff.

Tried before the Hon. J. C. Richardson. This was an action brought by the appellees against the appellant, and counted upon a promissory note. The facts of the case are sufficiently stated in thie opinion. The apeal is from a judgment in favor of the plaintiffs. The giving of the general affirmative charge in favor of the plaintiff, and the refusal to give the general affirmative charge in favor of the defendants are assigned as error.

I-Iearcl before the Hon. William L. Parks. The bill in this case was filed by Lehman, Durr Company, appellees, against ithe appellants. The purpose of this bill and the facts of this case’necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.

Arrear from the Circuit Court of Montgomery. Tried before the Hon. J. €. Richardson. This suit was brought by the Tallassee Falls Manufacturing Company for the use of fire insurance companies, against the Western Railway of Alabama.

Ai’piíaIj from file Chancery Court of Mobile. Heard before ibhe Hon. Tiros. II. Smith. The bill in this case was filed by Anna R. McGrath {did Emma Gordon against Louis Stein, Walter Wood and others to settle an alleged partnership between the complainants and respondents in the Mobile City Water Works. Walter Wood filed a -cross-bill denying the partnership, alleging that the parties were tenants in common of the property and praying for a sale of the same for division.

Appear from [tire 'Circuit Court of Macon. Tried before the I-Ion. James E. Cobb, Special Judge.

Heard before the Hon. John C. Carmichael. The facts of the case are sufficiently stated in the opinion. “The result of the cases would seem to be that where the management of the affairs of a corporation is entrusted to a general managing agent he has the power to assign the ehoses in action of the corporation to its creditors either iinpayment of or as security for the payment of a precedent debt of the corporation without express authority from the board of directors, and…

Appeae from tbe Chancery Court of Cullman. Heard befoi e tbe Hon. WÍeliam XI. Simpson. This was a bill in equity, and sought to have a deed absolute on its face declared a mortgage, and to redeem. It alleged that the property conveyed, consisting of both real and personal property, was worth about $800.00, and ¡that the recited consideration. was $100.00.

Heard before the Hon.. Eichaed B. Kelly. The' bill in this case was filed by the appellees, Th-os. H. White, William Pope and J-ohn Casey “as -deacons of the Liberty Baptist Church” against the appellants, B. M. Stewart, D. D. Smith and J. A. Smith, “as individuals and partners doing business under the firm name of the 'Stewart Smith Gin Company.” The purpose of the bill and the facts -averred therein are sufficiently stated in the opinion.

Heard before the Hon. Thomas H. 'Smith. • The bill in this case 'was filed by John H. Moore, Viola Moore, J. O. Moore, Coker Moorei and Pearl Moore, against M. L. Cottingham. The complainants are the children of Robert B. Moore and Martha Ann Moore, and claim the interest in the lands as devisers under the will of Eleanor ■Coker, ¡the mother of Martha Ann Moore.

Tried before the Hon. William S. Anderson. This was an action brought by the appellee, Richard A. Finch, against Jones & Hooks, a partnership composed of George A. Jones and A. Fletcher Hooks.

Circuit Court of Pike. Tried before the Hon. John P. I-Itjbbard. Tins was an action brought by the appellant's, George H. McFadden & Bro., against tire appellees to recover $3,000 for the alleged breach of a contract of sale of I, 500 bales of cotton. The defendants pleaded the general issue and several special pleas. To these special pleas demurrers were interposed, which were sustained by the court. The cause was tried upon issue joined upon the plea of the general issue.

Tried before the Hon. A. A. Evans. This was a statutory action of ejectment, brought by the appellant against the appellee to recover certain lands specifically described in the complaint. The-facts of the case and the claims of the respective parties to the land are sufficiently stated in the opinion.

Tried before the Hon. E. B. Almon. This was an action brought by appellant ¡to recover a sum claimed to be due from 'appellee by reason of a subscription for stock in appellant corporation by appellee. The facts necessary to an undestánding of the opinion are fully set forth therein. There were verdict and judgment for defendant in the court below, and plaintiff appeals.

Arread from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by Elmira Mehaffey, administratrix of the estate of H. W. Mehaffey, against the Decatur Car Wheel & Manufacturing Company, a corporation; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate, claiming |25,000 therefor. The complaint as amended contained twenty-two counts.

Heard before the Hon. Titos. H. Smith. The bill in this case was filed by the 'appellees against the appellants. The purpose of the bill and the facts of th case are sufficiently stalld in the opinion. The defendants demurred to the bill upon the following grounds: “1. The stating part of said bill of complaint is not divided into section's and numbered eon'seotutively 1, 2, 3, etc., as required bv the rules of chancery practice. 2.

Tried before the Hon. A. H. Alston. This was an action brought by the appellees against the appellants, J. A. Prestwood and his wife, M. E. Prestwood, and IV. T. Knowles and his wife, F. A. Knowles. The plaintiffs as described in the complaint were: “¡3. W. McGowin, E. B. White, Aggie Dixon, Bell White, J. 'O. McGowin and !3.

Tried before the lion. William S.-Anderson. This was a suit brought by the appellee against Washington County to recover compensation for recopying a record book of mortgages in the office of the judge of probate of Washington counity. The material facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before tlie Hon. W. W. Wilkerson. This was an action brought by the appellee, Sirs. Mary SI. Johnston, against the Alabama Great Southern Railroad Company.

Arreal from the City Court of Birmingham. Tried before 'the Hon. Chas. A. Senn. This was an action brought by the appellee against the Southern Railway Company to recover, damages alleged to have been sustained by the unlawful ejectment of plaintiff, -while a passenger -on one of the trains of the defendant. The complaint as originally filed contained two counts, demurrers to which were overruled.

Tried before the I-Ion. A. A. Coleman. This action was brought by Mary E. York, as administratrix of her deceased husband, to recover damages for injuries, received by her intestate while in the employ of the defendant. The complaint contained six counts, some charging willfulness and other simple •negligence. The third count relied upon the failure of the defendant to discharge its duty to its employees rather than the negligence of a fellow servant.

Tried before the Hon. W. W. Wilkerson. This was an action brought by Mrs. A. M. Stewart against the Louisville & Nashville Eailroad Company, to recover damages for personal injuries sustained by the plaintiff while riding a bicycle, which injuries were alleged to have been caused by reason of the negligence of the defendant or its employós. The complaint, as originally filed, contained eleven counts; a twelfth count being added 'by way of amendment.

Tried before the I-Iou.' John P. Hubbard. This was an action brought by the Mayfield Woolen Mills, a corporation, against the appellant, It. A. Clements. The complaint contained two counts, the first declaring upon an account stated, and the second claiming the sum sued for as due for goods, wares, and merchandise sold by the plaintiff to the defendant. On the summons and complaint there was the indorsement that the account sued on was verified by affidavit.

Tried before the Hon. W. S. Anderson. This was'an action of ejectment brought by appellee against appellant to recover a portion of the shore of Mobile river up to the high water mark. Held: after an.exhaustive argument of the matter, that the court will presume an intention on the part of the State to grant a license to the owner of adjoining lands, to use the shore, though this license is, at all times, revocable before the acceptance thereof.

Tried before the Hon. A. I). Sayre. Appellees instituted an attachment proceeding against Forrester & Sons, who were non-residents of this State, and sought to subject by garnishment against the appellant a debt due by it 'to the -defendants in attachment. The garnishee answered that it was a'foreign -corporation and was indebted to the. defendants, who were residents of the State of Florida, upon a contract- made, and to be performed in that State.

'Tried before the Hon. George E. Brewer. This -action was instituted by -appellee against appellant to recover damages for injuries received by the plaintiff while in the employ of the defendant.

Tried before the Hon. J. O. Anderson. This was an action on a policy of fire insurance instituted by the appellee as assignee of W. E. Livennan. The policy was taken out by plaintiff’s predecessor in trust in accordance with the agreement of the assignee to keep the jiroperty insured for the benefit of a mortgagee whose mortgage antedated the assingment. The policy was for one thousand dollars ($1,000.00), which was the amount of the loss.

Aiu’EAIj from the City Court of Gadsden. Tided before'the Hon. Jno. H. Bisque. This was an action brought by the Wills Valley Mining and Manufacturing Company against appellants, W. M. Nixon, Etowah Mining Company, G. W. Nixon, W. C. Brockway and W. H. Simmons.

Tried before the Hon. J. C. Richardson. This was an action of detinue brought by appellant against appellee.

Heard before the Hon. Thos. H. Smith. The bill in this case was filed by appellees as creditors of Council B. Wooten, to set aside as fraudulent certain conveyances made by said Wooten to certain of the respondents, and also conveyances executed by the grantees of said Wooten to the other respondents. The facts necessary to an understanding of the opinion sufficiently appear therein. The cause was submitted in tlie court 'below for final decree upon the pleading's and proof.

Heard before the Hon. R. B. Kelly. The bill in this ease was filed by J. T. White, the'appellee, against the appellant, C. W. ITamincitt.

Heard before tlie I-Ion. William- IT. Simpson. The bill in this -case Was filed by the appellant as the administrator- of the estate of William Washington, deceased, against the appellee, S. W. Norwood. 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.

Tried before' tlic Hon. N. L>. Denson. ’ ■•The facts of the case are 'sufficiently stated : in the opinion. The statute tinder which this action is prosecuted must he 'strictly construed, and-cannot be, extended by implication. — Jar-re tlrv. McCabe, 75 Ala. 325; Crooms v. Hannon,- 59 Ala. 510. The word partial, used in this statute, section 1065 of the Code of 1896, means less than -the whole.--See Webster’s Dictionary, Unabridged Edition, 1895, p. 1046.

Appear from .the, Circuit Court ’ of Autauga. Tried before .the ITo.n. J. O. Richardson. This was an action brought by the appellants against the appellee.

Heard before the Hon. William E. Skeggs. ■ William Breeding, a resident citizein of Morgan county, died on May. 16, 1899, leaving an estate of. real and personal- property in said -count. . • On May 18, 1899, Millard-W., Breeding propounded. for probate an alleged will and testament purporting to 'have, been executed by William Breeding, deceased, wherein -said Millard W. Breeding was named as one of the legatees and also as -one of the executors - of said will.

Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment instituted on August 1, 1897, by the appellant, James H. Ledbetter, against the appellees, T. M. Borland and Joe Tayloe, to recover lands which are described in the complaint as “the southwest quarter of lots 3 and 4 of section 14, township 7 north, range. 12 west, in Geneva county, Alabama.” The cause was tried on the plea of the general issue.

Tried before the Hon. N. D. Denson. On February 21, 1899, the appellee, H. O. Jones, filed his petition in the probate court of Elmore county praying to be permitted and authorized to build a dam across the Tallapoosa river.

Tried before the Hon. W. W. Wilkeuson. The appellee, Isaac F. Moore, brought the present action against, the Southern Bailway Company, claiming $20,000 damages and personal injuries, sustained by the plaintiff while in the employment of the defendant.

Tried before the Hon. H. C. Speaks. This was an action by the appellee, James W. Allen, against the Georgia Home Insurance Company; and counted upon a policy -of insurance issued by the defendant to plaintiff; and sought to recover, for the loss by fire of the property insured by such policy. The complaint was in the statutory form.

Heard before the Hon. B. B. Kelly. The bill in this case was filed by the appellee, W. L. Brown, against the Interestate Building & Loan Association on December 31, 1898. The bill averred that the complainant ivas a resident citizen of Pike county, Alabama, and that the Interstate Building & Loan Association was a private corporation organized and chartered under the laws of the State of Georgia, and was doing business by its duly authorized agent in this State.

Heard before Hon. W. L.' Parks. The bill in this case was filed by appellees, and sought to enjoin a sale under an execution in favor of appellant upon a judgment against one W. H. Pruett.

Tried before, the Hon. A. H. Alston. The appeal in this case is prosecuted by the defendant in the court below from a judgment reviving a dormant judgment previously recovered against the defendant.

Tried before the Hon. A. D. Sayre. This was an action upon a policy of fire insurance which covered a stock of goods and store fixtures.

Heard before the Hon. William L. Parks. Appellant, Lucy McGrantt, exhibited her bill of complaint in the chancery -court -of Conecuh county against the appellee, J. G. Baggett, seeking to'obtain the cancellation, as a cloud upon her alleged title, of a certain deed, purporting to have been made by her to appellee, dated January 24, 1890, conveying to appellee certain ten acres of land, together with the timber on certain other lands therein described, upon the ground that…

Heard before the. Hon. W. L. Parks. The bill in this case was filed by the appellee for the purpose, of enjoining an action of ejectment instituted by appellant and to remove as a cloud upon complainant’s title the deed under which appellant claimed title.

Tried before tlie Hou. John H. Bisque. This was an action brought by the appellant, A. W. Burns, against James M. Moragne, and the sureties on his official bond, as judge of pimbate and ex officio judge of the county court of Etowah county. The complaint contained three counts. The demurrers to the second count were overruled, and it is therefore unnecessary to set forth this count.

Tried before the Hon. James W. Lapsley. This was an action brought by the appellee, L. R. Reese, against the appellants, constituting the Board of Trustees of the Anni-ston Normal' and Industrial School; seeking to recover an amount alleged to be due the plaintiff for work and labor done in the repairing of the school building, and to have a lien declared on said building to -secure the payment of -said amount.

Tried before the Hon. J. O. Richardson. This was an action brought by appellee against appellant to recover for medical services rendered the latter’s testator. The complaint originally contained three counts, the second being stricken out by amendment. The first count claims for medical services rendered fho defendant’s testator during his last illness, and the third for work and labor done at the request of defendant’s testator.

Tried before the Hon. John H. Bisque. This was an action brought by the appellant against the appellee to recover damages for the alleged breach of a covenant alleged to be contained in a deed executed by the defendant to one J. M. Elliott, Jr.; the complaint alleging that Elliott had transferred and assigned all of his right, title and interest in said deed to the plaintiff.

Tried before the Hon. J. O. Biohardson. This suit was brought by the 'appellant, W. P. De-Jarnette, against W.‘ N. Cox. The plaintiff sued the de-‘ fendant for $50, claimed to be due for hauling, and $7.8!) claimed to he due for building a line fence between him ■and defendant. Defendant offered to offset $50 balance due him by plaintiff for building a house and $8.75 for building a fence.

Tried before the ITon. \V. J. Pearce. This action was instituted by appellants to recover the statutory penalty against appellee as Probate Judge of Clay County for charging excessive' fees for the record of certain mortgages. The judgment entry in the court below so far as necessary to an understanding of the opinion is as follows: Defendant’s counsel then filed demurrers to the amended complaint which were ■considered by 'the Court and overruled.

Heard before the Hon. J. P. Stiles. This was an ad quod damnum proceeding instituted in probate court of Jefferson county by a petition filed by the Birmingham Southern Railway Company, asking for the condemnation of a right of way over a certain tract of land, situate in said county, and owned by the T. C. T. & R. R. Co..

Tried before the Hon. E. B. Almon. This was an action brought by the appellant, A. E„ Mouton, the successor of the firm of Moss & Mouton, against the Louisville. & Nashville Railroad Company,, for its failure as a common carrier to transport and deliver certain wagons delivered No it at Florence, Alabama, to be carried to Lafayette, La. The defendant pleaded the general issue and a special plea, the substance of which is set forth in the opinion.

Tried before tlie Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellee against the appellants, Kate Bowling and her husband, E. D. Bowling, to recover certain lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Hoard before the Hon. G. Iv. Miller. The appellee, ¡áarah B. Browne, filed the bill in this case against the First National Bank of Talladega to quiet title to real estate and to compel the determination of claims thereto, as provided by the statute (Code, >;§ 809-813). The requisite statutory averments to give the bill equity were contained in the bill. The respective claims of the claimant and the defendant are sufficiently stated in the opinion of the court.

Tried before the Hon. A. D. Sayre. The plaintiff below was a practicing lawyer, and while in New York, representing the. interests of two subcontractors (Newton and Tubman by name) in a deal then on, and that was likely to be consummated in a few days, by which they mould be paid for work done on the Tennessee Central Railroad, was requested by the defendant (to look after his interest in the same (leal; lie being another of the subcontractors on said railroad.

<p> Action upon Interest Coupons and Bonds. </p> <p>1.' Constitutional lato; act of incorporating town does not allow issuance of bonds to build 'court house. — The provisions of the section of an act entitled “An Act to incorporate the town of Luverne, in the County of Crenshaw, and State of Alabama,” seeking to conve'y upon said town the power and authority to issue • bonds for the purpose of building a court house for the County of Crenshaw in the town of Luverne, are not germane or cognate to, or indicated or expressed by, the title of said act; and such section is unconstitutional and void, being violative of Article IV, Section 2 of the Constitution, which requires that “each law shall contain but one subject, which should be clearly expressed in its titie”; and bonds issued under such act for the purpose of building a court house are invalid and unenforceable.</p>

Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the -appellee, J. I). Ilmmnond, on May 8, 1896, against the appellant, Oscar R.- Hood, as -administrator of the estate of J. ¡8. Stewart and others, to enforce a vendor’s lien upon certain lands described in the-bill. • .....

Apteau from the Clian-cery Court of Clierokee. Heard before the Hon. Richard B. Keixy. The bill in this case was filed on July 26, 1897, by the appellee, the United States Oar Company, against the appellants, E. M. Brand and R. A. Hammons. The hill was filed under the statute to compel determination of 'claims ito real estate, and to quiet the title to the same, which statute is now incorporated into the Code of 1896, forming sections 809-813.

Heard before the Hon. A. A. Hürst. On December 12, 1898, the appellee, T. J. Johns, as administrator of the estate of J. R. Newell, deceased, tiled his petition in the probate count of Cleburne county, asking for the sale of certain lands therein described, belonging to the estate of said J. R. Newell, deceased, for the payment of decedent’s debts, on the ground that the personal property belonging to said estate was insufficient for such purposes.

Tried before the Hon. John Pelham. This was a statutory action of ejecement, originally brought by the appellant, W. J. Edmondson, against Ben Timmons. The 'appellee, the Anniston City Land Company, was made a party defendant upon the application stating that the original defendant was a tenant of said Anniston City Land Company. The cause was tried upon issue joined upon the pleas of the general issue and the statute of limitations of ten and twenty years.

Tried before the lion. James A. Bilbho. This action tvaw brought against the'Southern Railway by tlie appellee, J. W. Shirley, to recover damages for the alleged negligent killing cf plaintiff’s cow. Issue was joined upon the plea of general issue. On the trial of tin1 cause there was evidence introduced by the plaintiff showing that a cow belonging to him was killed bv a train being operated on the defendant’s road, and showing the value of the cow.

Heard before the 1-Ion. William H. Simpson. The bill in this case was filed June 4, 1897, by.the appellee, L. B. Bean, against the appellant, J. Cl. Kent, Adeline Hill, individually, and as guardian of Frank J. Knight and Julia Knight and S. A. Vest and J. W. Vest.

Tried before the Hon. A. A. Coleman. The fuels of the -cuse are sufficiently stated in the opinion. cited Grantham v. Payne, 77 Ala. 584; Wriyht v. Hart, 92 Ala. 591; Wright v. Gray, 20 Ala. 363; Gasey v .Bryany, 1 S. & P. 51; Van Epps v. 8m ith, 21 Ala. 319.

- Tried before the Hon. John P. Hubbard. This was -a 'statutory action of ejectment brought by the appellant against the appellee to recover the possession of certain lands specifically described in- the complaint. The claim -of the plaintiff to the land, and the facts of the case are sufficiently shown in the opinion. Upon the introduction of all the evidence the plaintiff requested the court to give the jury the general affirmative charge in his behalf.

AmoAD from the 'Chancery Court of Jackson. Heard before the Hon. Wax. ÍÍ. Sxaipkon. The bill in this case was filed by the appellee, Maggie A. Childress., who was the widow of J. A. Childress, deceased, and the minor children of said J. A. Childress, deceased, who sae by their next friend and mother, said '31 aggie A. Childress, against the appellants, Ann Netie Dicus and W. H. Dicus.

Tried before the Hon. W. W. Wilkerson. This was an action of trover brought by the appellee against the appellant, John J. Moore, to recover damages for the alleged conversion of a refrigerator. The defendant pleaded the general issue and the special plea in which he set up that, prior to the institution of the suit, he had sent to the plaintiif, in settlement of his account, for the purchase1, of the refrigerator sued for, his note.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee against the appellant. It was averred in the bill that the complainant had negotiated a loan with the defendant, and for the purpose of securing the loan of the money, had subscribed for capital stock of the defendant association, bad given its bond and executed a. mortgage to secure the payment of the same, upon certain property owned by the complainant.

Circuit Court of Lamar. Tried before the Hon. S. H. Spiiott. This was an action of assumpsit brought by the appellee against the appellant. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Hood v. Pioneer M. & M. Go., 95 Ala. 461; Evansville & P. P. Go. v. Slater, 101 Ala. 245; Wadsworth v. Williams, 101 Ala. 254.

Tried before the Hon. John P. Hubbard. This was an action brought by the appellant, the Louisville & Nashville Kailroad Company, against the appellee, J. J. Johnson, to recover $137.42. The complaint contained the common 'counits.

Heard 'before the Hon. W. H. Simpson. The bill in this case was filed by James H. Ballentine and others, children of Mary Ballentine,- against the appellees, Susan A. Foster, Aphraim H. Foster, Joseph Wheeler, Lucy Wheeler and the guardian of certain minors. The bill was amended, and in the following statement reference to the bill includes the amendment made.

Heard before ¡the Hon. John -C. Carmichael. The bill in this ease was filed by the Queen City Stock & Grain Company and the T. G. Hewlett Liquor Company against G. W. Austin, chief of'police of'the city of Birmingham, and Jos. II. Cunningham, one of the police officers of the said city of Birmingham. 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.

■ • I-Iearct before the Hon. J. P. Stiles'. - This was a proceeding by petition in theyourt below to vacate a decree of said court- rendered at a former trial by which a homestead exemption was set apart to a widow and minor children before administration. The petition was filed by appellee, who alleges she is an heir at law of the decedent.

Heard before the Hon. William H. Simpson, The bill in this case was filed on October 1, 1896, by 'the appellants, C. O. Harris and John H. Shelfey, as trustees, against the Gateway Land Company,' alleged to be a corporation duly incorporated under the general laws of the State of Alabama, and E. C. Payne and certain- named persons alleged to be stockholders in said corporation.

Tried before the Hon. J. O. Richardson. This was an action of asumpsit brought by the appellees against the appellants to recover $106.37, with interest, alleged to be due the plaintiffs from the defendants. The defendants pleaded the general issue and also interposed pleas of set off, in which they alleged that the plaintiffs were indebted to the -defendants in the sum of $128, which was.due and unpaid.

Heard before the, Hon. William L. Parks. The bill in this case was filed by ithe appellee, Mrs. Fannie M. George, against the appellee, Sarah J. Ross, and others; and sought to have set aside and declared void certain conveyances executed by said Sarah J. Ross and the other defendants, and to have the property conveyed therein subjected ito the payment of complainant's debts.

Tried'before the Hon. H. O. Speake. This was a statutory action of ejectment brought by the appellants, W. W. Callahan, W. E. Blceggs and E. W. 'G-odbey, against the appellees, Abigail Nelson, W. W. Nelson and John Nelson, to recover eight acres, of land specifically described in the complaint.

Tried before tlxe Hon. James A. Bilbro. This was an action brought by the appellee, W. H. Bogart, against J. C. Jacobs, W. A. Coffey and P. H. Coffey as executors of the will of R. A. Coffey, deceased. James L. Allison died, and Thomas N. Allison was duly appointed as his administrator. The sureties on the administrator’s bond of Thoxnas N. Allison were R. A. Coffey and three others.