Volume 130 — Alabama Reports

Tried before tlie I-Ion. Samuel E. Greene. The. appellants, Frank Miller and Frank Duncan, were jointly indicted for the murder of James W. AcL-¡Hiffi. The defendant Miller was convicted of murder in the first degree, and sentenced to be hung. The defendant Duncan was 'convicted of murder in the first degree and sentenced to the penitentiary foil* life.

Tried before . e Hon. A. A. Evans. The appellants were indicted and convicted in the court below for tlie murder of Jared Engrain. Tlie ev-dence relied on by the State was entirely circumstan-ial, tending to «how that the homicide was committed n Eufaula, Ala., in a house of ill fame kept by the defendant, Anna Vaughn, and that it occurred on the night of December 25, 1899.

Tried before the Hon. Samuel E. G-reene. The original indictment under which the appellant was-tried and convicted was in words and figures as follows: “The grand jury of said county charge that before the finding'-of this indictment Alonzo Williams, alias Lonzo Williams, alias Lon Williams, unlawfully and with malice aforethought killed John Richardson by striking him with a miner’s pick.” (2.) “The grand jury of said county further charge that before the finding of this…

Glair. Tried before the Hon. John Peli-iam. The appellant in this case, Oden Willingham, was indicted for the murder of Thomas Westbrook, was convicted of murder in the second degree and sentenced to the penitentiary for eleven years. The killing- was shown to have been on October 8, 1900.

Tried before the Hon. S. H. Sprott. The appellant in this case, Tom Kimbrell, was indicted and tried for the murder of Cicero Wheeler, by shooting him with a gun, was convicted of murder in the second degree, and sentenced to the penitentiary for twenty years.

Api'kan from tlie Circuit Court of Cherokee. Tried before the Hon. J. A. Bibbeo. The appellant in this case, Joseph Hall, was jointly indicted with James O’Bannon for the murder of Elizabeth Gage, by shooting her with a pistol. The appellant was tried separately, was ’convicted of murder in the second degree, and sentenced to the penitentiary for eighteen years.

Tried 'before the Hon. William H. Thomas. The appellant in this case was indicted, tried and convicted for the larceny of a barrel of whiskey, and 'sentenced to the penitentiary for three years. The complaint contained two counts, each of which charged the larceny of one barrel of whiskey, of the value of one hundred dollars. In the first count the ownership of the whiskey was laid in the Louisville & Nashville Railroad Company.

Tried before the Hon. A. D. Saybe. The appellant, Dan Thomas, was indicted and tried for the murder of Albert Harris, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years.

Appkal from Circuit Court of Monroe. Tried before the Hon. John 0. Andjbrson. The appellant, Joe Longmire, was indicted and tried for the murder of Cap Blunt, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for ten years.

Ait>CAL from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant in this case Avas indicted and tried for the morder of Daisy Hunter, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The facts of the case are sufficiently stated in the opinion. cited Tcsncy v. State, 77 Ala. 38; Evans v. State, 109 Ala. 11; A. G. S. R. R. Go. v. Burgess, 114 Ala. 587.

Appeal, from the City Court of Montgomery. Tried before the lion. W. H. Thomas. The defendant in this ease was indicted and tried and convicted for obtaining- board by false representation from a boarding house keeper. The indictment contained two counts. In the first count the false representation charged was that the defendant represented that he was the supreme grand treasurer of the Knights of the Mystic Chain.

Tried before the Hon. A. H. Alston. The appellant; David Langford, was jointly indicted with one Sill Justice for forcibly ravishingVeríie Justó e, a woman. There was a severance, and the defendant Langford, tin appellant in the present case, was separately tried and convicted and' sentenced to the penitentiary for ten years.

Tried before the I-Ton. John P. TTubp.aed. The appellant, Will Boyett, was indicted, tried and convicted for abduction, and was sentenced to the penitentiary for twenty years. The indictment under which the defendant was tried is copied in the opinion. There was evidence tending to show that the defendant Avas guilty of the offense charged. There was some conflict in the evidence as to the age of the girl, Eliza. Austin, alleged to have been abducted by the defendant.

Tried, before the Hon. John Moose. The appellant, Charley Nelson, was indicted and tried for the murder of one Shelley Sumner, was convicted of murder in the first degree, and sentenced to be hanged.

Tried before tlie Hon. William H. Thomas. The appellant in this case was indicted, tried and convicted for the larceny of two bales of cotton, and sentenced to hard labor for the county, for two years. The facts of the case relating to the rulings of the court reviewed on the present appeal, are sufficiently shown in the opinion.

Tried before the Hon. John C. Andeeson. The indictment under which the appellant in this case was tried contained two counts.

Tried before the Hon. James W. Lapsley. The appellant, Richard Smith, was indicted for murder in the second degree, in killing Edward Bird, was convicted of manslaughter in the second degree, and sentenced to hard labor for the county for twelve months. The indictment, by separate counts, charged that the defendant killed Edward Bird by hitting him with a rock and by hitting him with a brick.

Apeal from tlie City Court of Montgomery. Tried before tlie Hon. W. H. Thomas. The appellant, Harry Carroll, ivas indicted and tried for an assault with intent to murder, and was convicted of an assault and battery. The evidence for the State tended to show that the defendant was guilty of the offense’ 'charged in the indictment; that he fired his pistol at the person named in the indictment.

Tried before the Hon. A. D. Sayre. The indictment under which the defendant Bristow Gibbs was tried and convicted originally contained two counts The first count charged the defendant with the larceny from a storehouse of ten pairs of shoes of the value of twenty dollars, the personal property of O. F. Moritz & Co. The second count of the complaint charged the defendant with buying, receiving or concealing or aiding in concealing ten pairs of shoes of the value of twenty…

Tried before the Hon. Samuel E. Greene. The appellant, John Hogan, was indicted and tried for murder, and convicted of mnrder in the first degree and sentenced to tbe penitentiary for life. Tlie only exception reserved on the trial and the only ruling on the present appeal are sufficiently shown in the opinion.

<p>Appeal from the Circuit Court of St. Clair.</p> <p>Tried before the Hon. John Pelham.</p> <p>Che facts of the case are sufficiently stated in the opinion.</p>

Tried before tbe Hon. John Moore. Tbe appellant, Joseph Williams, was indicted, and tried for tbe murder of Thomas Nicholson, was convicted of murder in the first degree and sentenced to the penitentiary for life.

Clair. Tried before the TIou. John Peli-iam. The indictment under ■which the appellant in this case was convicted contained two counts.

Aiteal from the Circuit Court of Jackson. Tric'd before the Hon. A. H. Alston.

Tried before the I-Ion. Samuel E. Greene. The appellant was indicted ,tried and convicted “for selling, spirituous, vinous and malt liquors without a license and contrary to law.” The statute under which the indictment was drawn prohibited the selling of spirituous, vinous or malt liquors or intoxicating bitters or beverages within three miles of Buhama Baptist Church, East Lake, Jefferson county (Acts of 1880-81, p. 156).

Tried before the Hon. Samuel E. Greene. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, James M. Anderson did buy, receive, conceal or aid in the concealment of nine bronze or brass furnace coolers, of the value of eighty dollars each, and eight bronze or brass tuyers, of the value of twenty dollars each, the personal property of the Birmingham Furnace and…

Tiled before the Hon. William E. Si-ceggs. The prosecution against the appellant was commenced by W. S. Taylor making the following affidavit before 1). I). Ford, a justice of the peace in Morgan county; “Before me, 1). I).

Tried before the Hon. S. H. Speott. The prosecution against the appellant, Bob .Witt, was commenced by an affidavit made before the judge of probate of Sumter county, charging said Witt with selling, giving away or otherwise disposing of' spirituous, vinous or malt liquors without a license and* contrary to law. The facts of the case necessary to an understanding oí the decision on tiie present appeal are sufficiently stated in the opinion.

Tried before tlie lion. John P. Hubbard. Tlie appellant in this case, Bully Dannelley, was indicted, tried and convicted for an assault with a weapon. The material facts of the case are sufficiently stated in tlie opinion.

Heard before the Hon. John P. Hubbard. In this case a petition was filed on behalf of the appellant, Bud McQueen, addressed to the judge of the Twelfth Judicial Circuit, in which it 'was averred that Bud McQueen was imprisoned in the county jail in Pike county by the sheriff thereof; that on August 16, 1900, he was convicted of burglary and sentenced to hard labor for the county for one year, and that on the 14th day of September, 1900, the sentence of the court was carried…

Heard before the Hon. A. M. Ayees. The appellant in this ease, Beauregard C. Hall, filed a petition addressed to the judge of probate of Marshall county, asking for a writ of habeas corpus, and that he be discharged from custody. The sheriff, in answer to the preliminary writ that was issued, stated that he held the petitioner in custody under a mittimus issued by one B. Cowan, a notary public and ex-officio justice of the peace of Marshall county.

Tried, before the Hon. W. L. -Pratt. The prosecution in this -case ivas commenced by an affidavit made before a justice of the peace of Bibb county, charging the -appellant, 'S. Costello, with selling spirituous, vinous or malt liquors or intoxicating beverages without a license and contrary to law. Upon the preliminary hearing the defendant was bound over to the -county court of Bibb county.

Heard before the Hon. F. M. Benfbo. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Ex parte Carroll, 36 Ala. 300; Ex parte Campbell, 20 Ala. 89; Ex parte Me An ally, 55 Ala. 496; Ex parte Croom, 19 Ala. 561; Ex parte Richardson, 96 Ala. 110; Ex parte Thomas, 100 Ala. 102; Ex parte Craves, 61 Ala. 384.

Atpkad from tbe Circuit Court of Dallas. Tried before tbe Hon. John Moore. The appellee, Jim Davis, was indicted for selling vinous, spirituous or malt liquors “in Dallas county, Alabama, and outside of the corporate limits of the city of Selina,” without a license and contrary to law. To the indictment the defendant demurred upon several grounds, which may be summarized as follows: 1.

Circuit Court of Tuscaloosa. Heard before tlie liou. íá. H. Sprott.

Tried before the Hon. A. I). ¡Sayre. This action was brought 'by the ¡State of Alabama against the appellant, W .T. Kobertson, to recover $350, the amount- due the ¡State for a license for Carrying on the business of a wholesale liquor dealer in the year 1901, under subdivision 52 of section 17 of an act entitled “An act to amend the revenue laws of the State of Alabama, approved March 5, 1901.” It was averred in the complaint that, notwithstanding the passage of said act,…

The proceedings in this case were instituted by tlie petitioners, John A. Campbell, Thos. C. McKibbon and Henry O. Moss, filing an original application in the Supreme Court asking for the issuance of a mandamus.

Tliis was an original application for the common law writ of certiorari, filed in the Supreme Court.

This was an application for' mandamus, originally filed in this court, asking for a rule nisi to be issued to the judge of the Tenth Judicial Circuit, to appear and show cause why the peremptory writ of mandamus should not issue to ‘him as such judge, commanding him to vacate the order made by him in which he granted a motion to set aside the .judgment by default. The rule nisi was granted, and the judge filed his answer in response thereto.

Heard before the Hon. William L. Parks. The bill in this ease was filed by the mayor -and councilmen of Brundidge, a municipal corporation, against the Pike County Dispensary, a corporation organized under the laws of Alabama; -and prayed to have the said Pike County Dispensary, its officers, agents and employees enjoined from setting up and maintaining a dispensary in the town of Brundidge, and from selling spirituous, vinous and malt liquors in said town.

The county -of Shelby, under authority given it by statute to sue and be sued, filed its sworn bill in the chancery court of Shelby county, Alabama, in which it was alleged that John A. Oaanpbell, Thomasi O. Mc-Kibbon and Henry C. Moss, under -a pretended act of the General Assembly of Alabama; alleged in said bill to be null and void, and which pretended act attempted to constitute said respondents a board of court house commissioners, who were about to -sell $30,000 of…

Petition for mandamus directed to the Judge of the Eighth Judicial Circuit.

Heard before the Hon. James R. Dowdell. The bill in this case was filed on January 19, 1897, by the appellee, the Southern Railway, against the appellant, W. W. Hendrix, to enjoin an action of ejectment instituted by the defendant in the circuit court of Cherokee county against the complainant.

Heard before the Hon. William H. Simpson. The bill in this ease was filed by the appellant against the appellees. The purpose of the bill and the facts averred therein are sufficiently shown in the opinion. The defendant, Henry P. Smith, filed a motion to dismiss the hill for the want of equity, and also filed a demurrer to 'said hill upon the following grounds: “First. Said original bill shows on its face that complainant has no right to redeem. Second.

Tried before the Hon. J. A. Bilbro. This 'was a suit instituted on July 8th, 1899, by the appellant, Sarah J. Rayburn, against the appellee, W. C. Rayburn, administrator of the estate of S. K. Rayburn, deceased, and counted upon a bond executed by 5. K. Rayburn, deceased, to the plaintiff on December 7th, 1887, and due and payable one day after date.

Tried before the Hon. John P. Hubbard. This action was brought by the appellees, H. O. Thornton and others, suing as partners against the Insurance Company of North America; and counted upon an alleged verbal contract of insurance against fire, on a stock of merchandise. The facts of the case necessary to an understonding of the decision on the present appeal are sufficiently stated in the opinion.

Heard before the Hon. Kichaed B. Kelly. Bill of review on the ground of newly dicovered evidence, filed by J. P. Allgood, the appellant, against the Bank of Piedmont, and others. On the 15th 'of August, 1895, The Bank of Piedmont filed its bill in the chancery court of Calhoun county, for the purpose of enforcing a vendor’s lien on certain lots' situated in the town of Piedmont.

Heard before the Hon. Thomas H. Smith. On September 8, 1896, Threefoot Bros. & Co. filed a hill in this case against Joseph J. Hillman, Emm'a R. Hillman, Jezrell P. Hillman, Maxwell Peale & Allen, a partnership, and the British & American Mortgage Company, limited, a corporation. Upon demurrers being sustained to the bill it was amended.

Tried before the Hon. W. W. Wilkebson. This action was brought by Mary B. Crowder, the ap-pellee, against the Southern Hallway Company. The complainant claims $30,000 damages for personal injuries sustained by her while a passenger on a train operated by the defendant company, which injuries were alleged to have been caused by reason of the negligence of the defendant, and its employees.

Heard before the Hon. G-. K. Miller. The appellee, complainant in the court below, filed his bill against the appellant, seeking to have a right of way established over certain lands, which right of way he claimed by express grant as a purchaser from the original grantee,, and over lands which the respondent below acquired by purchase from the original grantor, and seeking to have the right of way defined and opened, and the respondent enjoined from further disturbance of…

Heard before the Hon. Titos. H Smith. The appeal in this case is taken by Winston Jones & Co. from a decree rendered by the chancellor in the case of Lowenstein Bros. & Co. against Mamie E. Peebles and others.

Tried before the Hon. N. D. Denson. ' This action wusi brought by Mrs. M. R. Thomas against the Supreme Lodge of the Knights of Pythias, a corporation, to recover the sum of $2,000 alleged to be due on a policy of life insurance, taken out upon the life of McKinnie Thomas, deceased. There was a judgment by default against the defendant.

This was an original application 'for mandamus, filed in the Supreme Court, asking that a writ of mandamus be directed to Hon. W. L. Parks, chancellor of the southeastern chancery division, commanding 'him to make an order asked for by petitioner in a petition directed to said chancellor. The petitioner, George M. Foranan, filed Ms petition, addressed to Win. L. Parks, chancellor of the southeastern chancery division.

Tried before Hon. W. H. Simpson. In June, 1889, John P. Scott filed his hill in the ■city-court of Decatur against Mary W. Cotton to foreclose a mortgage upon a stock of goods which he had 'sold to said Mary W. Cotton upon credit. The goods were seized under a writ of seizure and replevied by the respondent, with R. P. Baker and others as sureties.

Heard before the Hon. W. W. Wilkerson. The bill in tliis ease was filed on December 26, 1894, by the appellants, B. Steiner and S. Steiner, partners, doing business under’ the firm name of Steiner Brothers, against the appellees, William Berney and his three daughters, Kebecca Berney, Lizzie Berney and Mary Berney.

Heard before the Hon. Richard B. Kelly. The bill in this case was filed by the appellant, John E. Barrett and wife, against the Central Building & Loan Association, a corporation, chartered under the laws of Tennessee, and having its chief office located at Chattanooga. The facts averred in the bill sufficient to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before the Hon. James W. Lapsley. This was an action of trover brought by the appellant, J. C. Ledbetter, against the appellee, J. T. Thomas, to recover one hundred and fifty dollars damages “for the conversion by him on the 20th day of August, 1900, of one gray mare mule, the property of the plaintiff.” On the trial of the cause upon the plea of the general issue, the plaintiff, as a witness in his own behalf, testified that he knew the mule involved in the. suit;…

Heard before the Hon. William H. Simpson. The bill in this case was filed on August 31, 1901, by the appellee, Charles P. Lane, as trustee in bankruptcy of the estate of William A. Orman, who had been declared a bankrupt, against the said William A. Orman, Kate W. Orman and Morris Adler and other named defendants. .

Apppeal from the 'Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action brought by the appellant, Martha A. Spottswood, against the appellee, Alex. J. Bentley, to recover for money had and received. The cause was tried upon issue joined on the plea of the general issue. The evidence showed the following facts: During the second year of the civil war, certain growing crops of the plaintiff, or grown on her land, were destroyed by the Federal army.

Tried, before the Hon. H. C. Speake. At the spring term of the circuit court -of Lawrence county the McCormick Harvesting Machine Company recovered a judgment against A. T. Vaughn in the sum of $82.10. On July 12, 1900, the said McCormick Harvesting Machine Company, by its representatives, sued out a writ of garnishment upon said judgment, and this writ was served on July 16, 1900, upon the Southern Bailway Company.

William H. Simpson. Tlie bill in this case ivas filed by the appellee, Mary E. McCord, against the appellants. It was averred in the bill that 'the complainant was the owner of a mortgage, which was executed by the defendant, J. E. Cas-ton, in which he conveyed, in addition to personal prop-perty, the following described real estate: “That certain lot of land lying in the town of Albertsvil-le hounded on the north by the property of Mrs. II.

Heard before the Hon. W. .W. Wilkerson. The appeal in this case is from the judgment of the city court awarding a peremptory writ of mandamus upon the petition of appellee. The facts of the case are sufficiently set forth in the opinion. cited Criminal Code, § 4511; 28 Am. & Eng. Ency. Law, 484; Pierpont v. Gronch, 10 Cal. 315; Kora v. Oittj of Ottowa, 32 Ill. 121.

Tried before the Hon. Jas. A. Bilbro. This was an action brought by the appellee, S. C. Whitaker, against the appellant, A. B. Hooper, upon a promissory note for $1,000, given by the defendant to the plaintiff. The substance of the pleas setting up the principal defenses upon which issiue was joined is sufficiently set forth in the opinion.

Tried before the Hon. Chas. A. Senn. This action was 'brought by the appellee, J. L. Baird, a minor, by his next friend, against the appellant, the Birmingham Kail way and Electric Company. The complaint contained three counts.

Appeal 'from tlie Circuit Court of Madison. Tided before tlie Hon. H. C. Speake. This action was brought by the appellant, Lucy D. Pope, against the G-lens Falls Insurance Company, and counting upon a policy of fire insurance issued by the the defendant to the plaintiff, sought to recover the value of a house destroyed by fire, which was insured by said policy.

Tried before the Hon. A. H. Alston. T-bsi was an action by the appellee, J. N. Flippo, against the Larkinsville Mining Company to recover $1,000 alleged to be due as the purchase price of land sold and conveyed by the plaintiff to the defendant. The defendant pleaded non assumpsit and payment. The plaintiff claimed, and introduced evidence tending to show, that only $35 of the purchase money had been paid, and the balance remained due.

Tried before tlie Hon. James J. Banks. This was an action brought by the appellee, Thomas H. Herndon, as the administrator of the estate of J. V. Neal, deceased, against the appellant, the Woodward Iron Company; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint contained many counts.

Tried before the Hon. H. -0. Seeake. , This was an action brought by the appellant, W. I. Speakman, against James Roberts.

Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, the Bienville Water Supply Company, against the City of Mobile, J. Curtis Bush, asi the mayor of said city, and Michael Sullivan, as superintendent of the Mobile City Water Works Company. The bill was filed on May 25, 1900. Upon the demurrers interposed thereto being sustained, the bill was amended on October 6, 1900.

Tried before the lion. A. A. Evans. This was a statutory real action in the nature of ejectment, originally brought by the appellees as the only heirs at law of Mirs. E. C. Armstrong, deceased, against one Cap Williams, to recover certain lands specifically described in the 'complaint. On motion of Cap Williams the American Freehold Land Mortgage Company of London, Limited, was made a party defendant; said Williams being a tenant in possession under said Mortgage Company.

Tried before the Hon. William S. Axdeeson. This suit was instituted on April 4, 1898, by the ap-pellee, Byrd C. Willis, against the 'appellants, J. C. Bush & Co. As originally filed the complaint contained four counts.

Appeal, from the Chancery Court of Jefferson. Heard before the I-Ion. John C. Carmichael. The hill in this ease was filed by the Board of Trustees of the University of Alabama against the Sloss-S'hef-field Steed & Iron 'Company, under the 'statute (Code, 809-813) to compel the determination of the claim of said Sloss-Sheffield Steel & Iron Company to certain real estate which was described in the hill by the government 'survey.

Tried before the Hon. E. B. Almon. This was an action brought by the Northern Alabama Kailroad Company against the appellant, A. C. Frederick, as tax collector of Franklin county, to recover taxes alleged to have been collected by the defendant from the plaintiff without warrant or authority o’f law, and which were paid by the plaintiff under protest.

Appeal -from the City Court of Talladega. Tried before the Hon. G. K. Miller. Tliis 'was an action of trespass on the case, brought 'by the appellant, G. B. Chastain, against the appellee, Mattie L. Porter, to recover damages for the alleged wrongful taking of certain crops upon which the plaintiff alleged he had a lien. The defendant demurred to the complaint as originally filed and upon the demurrer being sustained, the plaintiff filed an amended complaint.

Tried before the Hon. John H. Disque. ■ This action was 'commenced by the appellant by attachment sued out on July 22, 1899, against what was styled the “National Life Association of Hartford, Connecticut, a non-resident corporation.” On the same day the sheriff levied the attachment on certain lots in At-talla, Alabama, as 'being the property of the defendant corporation.

Tried before tlie Hon. John P. Hubbabd. Tilts was an action of trover brought by the appellant, Larkin Lindsay, against the appellee, to recover damages for the alleged conversion of three bales of cotton. The suit Ava-s instituted on December 23, 1898. At the spring term of the circuit court of Geneva county, on March 21, 1899, the defendant filed three pleas, the first and second were the pleas of the general issue.

Tried before the lion. A. A. Coleman. This action was brought by the 'appellee, James M. Wright, against the North Birmingham Street Railway Company to recover damages 'for personal injury. The petition originally filed contained eight counts. After the argument in the case the plaintiff consented that the court should give the general affirmative charge in favor of the defendant upon all the counts except the eighth, and the court gave siuch charges.

Tried before the Hon. J. A. Bilbiio. This was a statutory action of ejectment 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. The court, at the request of the defendant, gave the •general affirmative charge in its behalf. To the giving of this charge the plaintiff duly excepted. 'There were verdict and judgment, for the defendant.

Heard before the Hon. A. H. Alston. The appellee, as guardian of minor children, filed a bill in the chancery court of Marshall county against the appellants, seeking to have certain real estate owned by the complainants and the defendants as tenants in common sold for division among them. Upon the final submission of the cause, a decree was rendered ordering the land sold as prayed for.

Appeal 'from tbe Circuit Court of Cullman. Tried before tbe Hon. H. C. Speake. Tliis was an action of trespass on tbe case brought by tbe appellee, A. E. Fields, against J. H. Karter. This is tbe second appeal in this case. On tbe former appeal tbe judgment in favor of tbe defendant was reversed and tbe cause remanded.

<p>Appeal from the Chancery Court of Pike.</p> <p>Heard before the Hon. A. H. Alston.</p> <p>The facts of the case are sufficiently stated in the opinion.</p> <p>cited 8. & N. Ala. R. B. Go. v. A. G. 8. B. B. Go., 102 Ala. 236; .Gotean v. Railroad Go., 118 Ala. 554; Thornton v. Railroad Go., 84 Ala. 114.</p>

Tried before the Hon. E. I). Almon. This was a prosecution for the violation of an ordinance of the City of Cullman, and was commenced by an affidavit made before the mayor of Cullman in which affiant charged “that he has probable cause for believing and does believe that in the month of February, .1898, the offense of engaging in the business of practicing law in said city for which a license is required without having first procured and paid for such license and contrary…

Apiusal from the Chancery Court of Walker. Heard before the Hon. J. C. Carmichael.

Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellee, J. W. Brigman, against the appellant, Joseph Fitzpatrick, to recover - certain lots of land in the city -of Ensley, specifically described in the coin-plaint. The cause was tried upon issue joined on the plea of the general issue. The common source of title was admitted to be in Isaac Price.

Tried before the Hon. A. A. Coleman. This action was brought by S. A. Jones, as administrator of the estate of Waiter T. Jones, deceased, against the appellant, the Louisville & Nashville Itailroad Company, and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate; the damages claimed being $25,01)0. The complaint contained, as amended, ten counts.

Ai’peal from the City Court of Selma, in Equity. Heard before tlie Hon. John W. Maury. Tlie bill in this case was filed by tlie appellants against the Selma Street & Suburban Bailway Company. The purpose of the bill and the facts of tlie case averred in tlie bill and contained in the answer are sufficiently stated in the opinion.

Heard before the Hon. William L. Parks. The bill in this case was filed by the appellee, Frank Marshall Boykin, against the appellant, James C. Pink-ston, to annul and. vacate the sale of land by the complainant to the defendant and to cancel the conveyance thereof.

Heard before the Hon. Thomas H. Smith. The 'bill in this case was filed by Alexander Gomez, Jr., and the other minor children of Alexander Gomez, deceased, ’by their mother as next friend, against Robert P. Higgins, individually and as administrator de boms non of the estate of Francisco Gomez, deceased; Richard Pratt, individually and as administrator of the estate of Alexander Gomez, deceased; Romanda Higgins, who was the daughter of Francisco Gomez, deceased, and the wife…

Heard before the 1-Ion. W. TV. Wilkerson. The bill in this ease was filed by the appellees, as the only children and heirs at law of Fannie T. Clisby, deceased, against the appellants. All the complainants except Warner 0. Clisby are under the age of 21 years, and sue by their next friend. This is the second 'appeal in this case. On the former appeal the decree of the chancellor overruling the demurrers to the bill as originally filed was affirmed.

Heard before tbe Hon. Ed. Roach. Tbe proceedings in tbis case were instituted in tbe probate court of Geneva county by tbe appellee, B. T. Pate, against tbe appellant, George W. Black, for the purpose of contesting tbe election of Black to tbe office of sheriff of Geneva county. Tbe election was beld on August 6, 1900.

Heard before the Hon. William L. Parks. The bill in this rase was filed on February 11, 1897, by the appellees, J. L. Williams and George E. Salter, against the appellants, Mary C. Davis and Hubert T. Davis. The bill was filed to compel the specific performance of a contract, which was made by It.

Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment, brought by the appellee, John Cunningham, against the National Building & Loan Association. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the plaintiff:.

Tried before tlie Hon. Johk P. Hubbard. This was an action of unlawful detainer, brought by the appellee, C. C. Torbert, against the appellant, W. J. Spann. The defendant pleaded the general issue. When the case was called for trial, and after the plaintiff liad announced ready, counsel for the defendant stated that the defendant was sick, and he thereupon moved for continuance of the term.

Heard before the Hon. Thomas II. Smith. The bill in this case was filed 'by the appellant, Ida S. Marshall, 'against the appellees, A. Shill and Carl Shift, doing business under the firm name of A. Shift & Sons. The purpose of the bill and the facts of the case are sufficiently 'Stated in 'the opinion. The appeal is prosecuted from a decree of the chancellor denying the relief prayed for and ordering the bill dismissed, and the rendition .of this decree is assigned as error.

Tried before the Hon. J. C. Bichaedson. This action was brought by the appellant, 0. Alsop, against the appellee, F. B. Lidden, to recover damages for. the wrongful and malicious suing out of an attachment by the defendant against the plaintiff, which attachment was levied upon the goods of the plaintiff. The complaint as amended contained four counts.

Heard before the Hon. A. I). Sayre. The bill in this case was filed by the appellee, Alex. Troy, as the executor of the last will and testament of H. 0. Tompkins, deceased. The purpose of the bill was to liare the administration of the estate removed from the probate court into the chancery side of the city court, and to have the will of 'said H. C. Tompkins construed. On the appeal in the present case, the construction of only the second item of the will is involved.

Heard before the Hon. J. M. Kobinson. The appellee, the Alabama & Florida Railroad, filed its application in the probate court of Covington county to have a right of way condemned across the road of the Central of Georgia Railroad at a point in Andalusia. Upon tlie filing of the petition, a day was set for the hearing of the cause. On the hearing there was testimony offered by each party.

Tried before the Hon. H. 0. Speake. This action was brought by the appellee, H. C. Cash-in, against Charles M. McGhee and Henry Fink, as receivers of the Memphis & Charleston Railroad Company.

Aivcal from the Chancery Court of Barbour. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellee, Lizzie H. Barr, against the appellant, Stella D. Guice, 'for the purpose of having settled and established a disputed boundary line between the adjoining lots owned by the complainant and respondent, respectively. The aver-ments of the bill and the facts of the case are sufficienlty stated in the opinion.

Heard before Hon. Jerk N. Williams. The bill in this case was filed by J. Yalm and C. L. Simmons, complainants below, who are appellants, against A. F. Tatum, defendant, and its real purpose was to foreclose a mortgage, given by defendant to complainants on the 6th July, 1896, on a steamboat, her appurtenances and belongings.

Heard before the Hon. John C. Anderson. The appellant, It. M. Douglass, filed a petition addressed to the judge of thé First Judicial Circuit, asking for a mandamus to compel a mandamus directed to S. P. Prowell, as judge of the county court of Marengo county compelling him to recognize the petitioner as a deputy solicitor of Marengo county, and to allow him at each term of the county court, to prosecute misdemeanors that were tried in said court.

Heard before the Hon. Thomas H. Smith. The 'bill in this case was filed by the appellants, as heirs at law of W. H. Blackburn, deceased, against the appellees, J. T. Fitfigerald, as administrator of the estate of W. H. Blackburn, deceased, Samuel A. Nelms, administrator of the estate of Sydney S. Blackburn, deceased, and Lilly Blackburn, the widow of Sydney S. Blackburn, deceased, and Sydney Blackburn, the minor child of Sydney S. Blackburn, deceased.

Tried before the Hon. J. C. Richardson. The proceedings in- this case were had upon a petition filed by the appellants, L. L. Hill, R. S. Hill, W. 0. Hill, and W. W. Hill, addressed to the judge of the second judicial circuit, in which they ashed for a writ of prohibition, directed to the recorder of the city of Montgomery, prohibiting and restraining him from 'further proceeding in a case against the petitioners then pending before him.

Heard before the Hon. William L. Parks. The bill in this case was filed by J. R. Ward, the appellant, against the appellee, the Bank of Abbeville. 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. cited Armour Packing Go. v. Nat. Bank, il Bo.

Tried before the Hon. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Frederick C. Bromberg, against the appellee, Stella Smee. In the declaration as originally filed, the demise was laid in Frederiek G.' Bromberg, and purported to be executed on August 18, 1900. The declaration was amended and the recovery was predicated upon a demise of one George Cassibry, executed on October 23, 1872. The defendant pleaded the general issue.

Tried before the Hon. John P. Hubbard. The parties to this suit were -creditors -of the firm of Nicholson, Blount & Co., a mercantie house doing business in the town of Dothan, Ala., on the 1st day of February, 1897, on which date the appellants sued out a writ of attachment against the said Nicholson, Blount & Co., returnable to the next term of the circuit court of Henry county, Alabama, which was executed by seizing the stock of goods of the said debtors; and they…

Tried before tlie I-Ion. S. H. Spbott. This was a suit brought by S. J. Carpenter on the 30th day of June, 1897, in the circuit court of Greene county, against Greene County,… Held: but to make one valid which was invalid, not to ratify and confirm that which was already valid and binding; no ratification and confirmation of such an act was necessary; but to give validity and binding obligation to that which without such ratification would be without such binding obligation.

Heard before the Hon. W. L. Pratt. The material facts of the case necessary to an understanding of tbe decision on tlie present appeal are sufficiently .stated in the opinion. The minute entry purporting to show the rulings of the 'court upon the demurrer of the petitioner to the respondent’s answer was that said “demurrer was overruled.” 1.

Tried before the Eon. J. B. Graham., Special Judge. This was a statutory action of ejectment, brought by the appellant, J. H. Gunn, against the appellees, J. I). Hardy and his wife, Louvisa Hardy. The facts disclosed by the bill of exceptions in this case are as follows: James D. Hardy brought an action of ejectment in the circuit court of Shelby county against J. H. Gunn, to recover the possession of a certain lot in the town of 'Calera, designated as lot No. 3.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee, J. G. Pullen, as surviving partner of the firm of J. S. Child-ers & Co. against the appellant. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the chancellor granted the relief prayed for and ordered accordingly.

Tried before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Birmingham, Selma & New Orleans Railway Company, against appellant, Southern Railway Company, on the 25th day of March, 1901.

<p>Appeal from the City Court of Bessemer.</p> <p>Tried before the Hon. B. C. Jones.</p>

<p>Appeal from tlie St. Clair Circuit Court-</p> <p>Tried before the Hon. John Pelham.</p>

<p>Appeal from the Circuit Court of Cullman.</p> <p>Tried before the Hon. H. C. Speaicb.</p>

<p>Appeal from Circuit Court of Macon.</p> <p>Tried before the Hon. N. D. Denson.</p>

<p>Appeal from the Geneva Circuit Court.</p> <p>Tried before the Hon. John P. Hubbard.</p>

<p>Appeal from Henry Chancery Court.</p> <p>Tried before the Hon. William L. Parks.</p>

<p>Appeal from Perry Chancery Court.</p> <p>Heard before the Hon. Thomas H. Smith.</p>

<p>Aureal from Circuit Court of Shelby.</p> <p>Tried before the Hon. John Pelham.</p>

<p>Appeal from Anniston City Court.</p> <p>Tried before the Hon. James W. Laps'ley.</p>

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

<p>Appeal from Montgomery City Court.</p> <p>Tried before the Hon. A. D.« Sayre.</p>

<p>Appeal from Chancery Court of Walker.</p> <p>Heard before tlie I-Ion. Thomas 'Cobbs.</p>

<p>Appeal from Circuit Court of DeKalb.</p> <p>Tided before tlie Hon. J. A. Bilbro.</p>

<p>Appeal from Montgomery City Court.</p> <p>Tried before the Hon. A. D. Sayre.</p>

<p>Appeal from Coffee Chancery Court.</p> <p>Heard before the Hon. William L. Parks.</p>

<p>Appeal from Pike Circuit Court.</p> <p>Tried before the Hon. J. P. Hubbard.</p>

<p>Appeal from Anniston City Court.</p> <p>Tried before the Hon. James W. Lapsley.</p>