Volume 133 — Alabama Reports

Tried before the Hon. William H. Thomas.- The-‘appellant in this case. Sanford Jacobi, was indicted and tried for an assault upon Lizzie Parker, “a woman, wi th the intent forcibly to ravish her, against the peace and dignity of the State of Alabama was convicted of the offense charged in the indictment, and .sentenced to the penitentiary for twenty years. The appeal in this case is taken from a judgment rendered on the second trial. The first trial resulted in a mistrial.

Tried before the Hon. A. A. Evans. The appellant in this ease, Joe Jimmerson, was indicted and tried for the murder of Ed Searcy, was convieted' of murder in the second degree, and sentenced to the penitentiary'for twenty years. ■ The trial 'of the' case was had at the fail term of the circuit court.' Thé defendant made a motion to quash the venire drawn' and served upon him for the trial of the cause upon the- ground' that at the preceding spring term of the circuit court…

Tried before the Hon. A. H. Alston. Tlie appellants, Adolpbus and Walter Stevens, were jointly indicted for murder in the second degree for killing one Vester Henson, by shooting him with a pistol,- was convicted of manslaughter in the second degree and sentenced to three years’ imprisonment in the penitentiary.

Tried befare the Hon. John Pelham. The appellant, Van Johnson, was indicted and tried for the murder of Arthur Johnson, was convicted of murder in the first 'degree, and sentenced to the penitentiary for life. Before entering upon the trial, the defendant moved to quash the venire. The grounds of the motion and the facts in reference thereto are sufficiently shown in the opinion.

Tried before the Hon. A. D. Sayre. The appellant, Sam Lide, was indicted and tried.for the murder of A. B. Johnson, was convicted of murder in the first degree and sentenced to the penijtentiáry for life.

Tried before the Hon. James A. Bilbbo. The appellant in this case, D. P. Mitchell, was indicted jointly with his two sons, for the murder of one Dave Thompson by shooting him with a gun, was tried separately and convicted of manslaughter in the first degree and sentenced to the penitentiary for five years.

Tried before the Hon. O. Kyle. The appellant, Robert Smith, was jointly indicted with Prank Orr and Pink Batts, for the murder of Robert Taylor. The appellant in the present case was tried separately and was 'convicted of murder in the second degree and sentenced to the penitentiary for life.

Tried before the Hon. A. A. Evans. The -appellant, Ulus Richardson, was indicted and tried for the murder of Henry Saint George by shooting him with a gun, was convicted of murdetr in the second degree and -sentenced to the penitentiary for twenty-five years.

Tried before the Hon. T. J. Burton. The appellant, J. D. Campbell, was indicted and tried for the murder of Arthur York, was convicted of murder in the first degree, and sentenced to the penitentiary for life.

Tried, before the Hon. O. J. Semmes. The appellant in this case, Carter Watkins, was jointly indicted, with Henry Thomas, for the murder of Willie Brown, was convicted of manslaughter in the first degree and sentenced to the penitentiary for five years. Upon the arraignment- of the defendant the court ordered that 100 jurors, including the regular panel, be summoned to appear from which the jury was to be drawn for the trial of the defendant.

Tried before the Hon. O. J. Semmes. The appellant, Lee Hurst, was jointly indicted with Walter Jordan for the murder of Bobert McWhorter. A severance was had, and Lee Hurst was convicted of murder in the first degree and sentenced to the penitentiary for life.

Tried before the Hon. O. Kyle. The appellant, Tom Nevill, was jointly indicted with Austin Griffin for robbery, was convicted and sentenced to the penitentiary for ten years. The indictment contained three counts. The first count of the indictment was as follows: “1.

Tried before the Hon. John H. Disque. The appellant, John Stewart, was indicted and tried for the murder of Bud Garrett, was convicted of murder in the first degree and sentenced to life imprisonment in the penitentiary. The evidence for the State tended to show that the defendant shot the deceased with a pistol without provocation, and that from the effects of the wounds inflicted deceased died.

Tried before the Hon. N. D. Denson. The appellant in this case, Joe Christian, was indicted, tried -and convicted for an assault with intent to murder one George Willis, and was sentenced to the penitentiary for twenty years. The evidence relating to the confession made by the defendant is shown in the opinion.

Tried before tlie Hon. S. H. Spkott. The appellant, Will 'Scott, was indicted for the murder of Bobert H. Seymour by shooting him with a pistol, was convicted of manslaughter in the first degree and sentenced to five years in the penitentiary. The bill of exceptions contains the following recital in reference to the organization of the jury: “During the organization of the jury Steve Smith was called as a juror.

Tried before the Hon. Daniel A. Greene. The appellant in this case was- indicted, ¡tried and convicted of murder in the first degree and sentenced to be hanged. The facts of the case pertaining to the only-question reviewed on the present appeal are sufficiently stated in the opinion. cited Crocker v. State, 38 Ala. 387; Johnson v. State, 29 Ala. 62.

Tried before the Hon. J. J. Mayfield. The appellant in this case, Ben Durrett, was indicted, tried and convicted of murder in the first degree and sentenced to be hanged. It appears from the bill of exceptions that there was a motion made by the defendant in arrest of judgment, but this motion is not shown by the record, and appears no where except in the bill of exceptions. The other facts of (the case are sufficiently shown in the opinion.

Tried before the Hon. A. H. Alston. The appellant, Sam White, was jointly indicted with one Florence Kimbrough for ¡the murder of Mary Williams, was tiled separately, was convicted of murder in the first degree and sentenced to the penitentiary for •life.

Tried before the I-Ion. A. A. Evans. The appellant, John P. Cawley, was indicted and tried for the murder of Brady Jones by shooting him with a gun, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years. The defendant was arraigned on October 21, 1901.

Tried before ¡the Hon. N. D. Denson. The appellant, John Thomas, was jointly indicted with Tom Murphy for the murder of Robert White by hanging him by the neck with a rope, was -convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The indictment was preferred art a special term of the circuit court. At this term, thirteen other persons were convicted for the murder of said Robert White.

Tried before the Hon. E. B. Almon. The appellant ivas indicted, tried and convicted for larceny from a storehouse, and sentenced to the penitentiary for two years. The indictment under which the defendant was tried and convicted charged larceny from the storehouse alleged ito be the property of B. B. Garner, and further charged that the meat and lard stolen from said storehouse were the property of said B. B. Garner.

Tried before the Hon. Samuel E. Greene. The appellant was indicted, tried and convicted for the murder of Joe Scott and sentenced to be hung. Under the opinion on the present appeal it is unnecessary to set ouit any of the facts of the case.

■Tried before the Hon. N. D. Denson. The appellant in this case, William Bailey, was indicted and tried for murder in the second degree for the killing of Joe Patton by shooting him with a gun, was convicted of murder in ithe second degree and sentenced to the penitentiary for twelve years. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before the Hon. William H. Ti-iomas. The appellant in this case, Joe Campbell, was indicted, tried and convicted for living in a state of adultery or fornication with Mary Calvin.

<p>Appeal from the Circuit Court of Jackson.</p> <p>Tried before the Hon. James A. Bilbro.</p> <p>The facts of the ease are sufficiently stated in the opinion.</p> <p>cited 10 Ency. PI. & Pr. 294-296; Heater -v. State, 103 Ala. 88; 1 Greenleaf on Evidence, § 462; Gilyard's Case, 98 Ala. 59; Smith r. State, 92 Ala. 69.</p>

Tried before the Hon. W. C. Christian. The appellant in this case, Charley Woods, was tried and convicted under the following indictment: “The grand, jury of said county charge that Charley Wood alias Charley Woods did falsely pretend to Herbert Evans, with intent to defraud, that he had unincumbered one cream colored horse Sid, and one single no top buggy, and by means of such false pretenses, obtained from the firm of Evans Brothers, a partnership composed of A. C. Evans,…

Tiled before tbe Hon. John P. Hubbard. Tbe appellant, Warren Adams, was indicted and tiled for the murder of Oositon Edwards, was convicted of manslaughter in tbe first degree, and sentenced to tbe penitentiary for ten years. Tbe defendant moved the court to quash tbe venire in this case upon the following grounds: “1. Said venire was not drawn in accordance with the law. 2.

Tried before the Hon. James A. Bilbro. The appellant in this case, J. H. Winter, was indicted, tried and convicted for selling spirituous, vinous and malt liquors without a license and contrary to law. Upon the trial of the case, only one witness, Dal Keener, was examined.

Tiled before the Hon. William E. Skeuus. The complaint under which the appellant, Calvin Hampton, was ¡tried and convicted charged “that within twelve months before the filing of this complaint, Calvin Hampton carried concealed about bis peurson a pestol, which said offense has been committed in said county against the peace and dignity of the State of Alabama.” To this complaint or affidavit the defendant demurred upon the ground that it did not charge the commission of any…

Tried before the Hon. H. K. Lancaster. On December 31, 1900, an affidavit was made before the judge of- the county court charging the appellant with an assault on L. N. Duncan, and a warrant was issued thereon charging him with assault and battery. . The regular term of the court convened on the third Monday, which was the 19th day of August.

Tried before the lion. M. B. Abercrombie. The appellant in this case was prosecuted and convicted in the county court of Macon county, for embezzlement. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Pullam v. State, 78 Ala. 31; Brewer v. State, 83 Ala. 113; Lucas v: State, 62 Ala. 26; Walicer v. State, 117 Ala. 42. cited 10 Am. & Eng. Ency.

Tried before the Hon. W. L. Pratt. The indictment under which the appellant was tried contained three counts. ' The first two counts charged the defendant with selling spirituous, vinous or malt liquors in Bibb county without a license and contrary to law.

Tried before tOie Hon. William H. Thomas. The appellant was indicted, tried and convicted for betting at a game of cards played 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,” etc. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. John Moore. This was a bastardy 'proceeding, in which the appellant, Willis Kelly, was tiled and found guilty of being the father of the bastard child of Florence Stephens. On the trial of the case the evidence for ¡the State showed that Florence Stephens was delivered of a bastard child on July 27, 1900.

Heard before the Hon. A. D. Sayre. The facts of this case are sufficiently shown in the opinion. The demurrer which was filed to the petition assigned substantially the following grounds: 1. Said petition and rule show that the relator has.another and adequate remedy at law. 2. Said petition and rule fail to 'show that relator has any specific right. 3.

Tried before the Hon. William E. Skeggs. The appellant in this ease, Ben McCormack, was prosecuted and convicted for selling spirituous, vinous or maljt liquors to a person of known intemperate habits. It ivas shown by the evidence that the defendant had made several sales of whiskey (to one Charles S. Aycoek. The >State elected to prosecute for the sale alleged to have been made on August 7, 1900.

Tried, before ithe H'on. William H. Thomas. The appellant, Frank James, was tried and convicted •under an indictment which charged in two counts that lie beit at a game played with cards or dice or some device or substitute for cards or dice at a tavern, inn or storehouse for retailing spirituous liquors, or storehouse or place where spirituous liquors were at the time sold, etc., and that he played at a game of cards or dice'at a storehouse where spirituous liquors were…

<p>The facts of the case are sufficiently stated in the' opinion.</p>

This was an original application 'for mandamus filed in the Supreme Court by petitioner, Winston Jones. The f-aqts of the ease are sufficiently stated in the opinion. cited Abel v. Ins. Go., 92 Ala. 382; WilMnson v. Roper, 71 Ala. 110; Simmons v. Williams, 27 Ala. 507/ Knight v. Drane, 77 Ala. 371; Gafford v. Proslcauer, 59 Ala. 261; Oon. Life Ins. Go. v. Webb, 51 Aa. 691; 19 Ency. PI. & Pr., 719. cited Code, ■§ 703; 5 Ency.

Tried before tlie Hon. A. A. Coleman. This was an action brought by the appellee, C. A. Jones, against the Postal Telegraph Cable Company to recover damages for personal injuries received by him while travelling along a public highway, by the side of which the -defendant had its wires strung. The complaint as amended contained but one count.

Tried before tbe Hon. S. H. Sprott. This was a statutory action of ejectment brought by the appellants against the appellees. The facts of the case are sufficiently stated in the opinion. From a judgment in favor of (the defendants the plaintiffs appeal, and assign as error the giving of the general charge requested by the defendant.

Clair. Tried before the Hon. John Pelham. This was an action brought by the appellant, M. L. Maxwell, against Newton O. Hamilton and J. W. Hamilton. The complaint counted upon the breach of an attachment bond and sought to recover damages for the wrongful suing out of ¡an •attachment by the defendants who executed the attachment bond sued on.

Heard before the Hon. J. C. Carmichael. On April 8, 1899, Dora Robinson claiming to be a stockholder in the National Guarantee Loan & Trust Company, a building and loan association, filed her bill in the chancery court of Jefferson county, in which she averred, among other things, the insolvency of said corporation and the mismanagement of its funds and assets; and in said bill she prayed for the appointment of a receiver of said corporation.

Tried before the Hon. A. A Coleman. Tliis was a statutory action of ejectment brought by the appellee, J. W. Brigman, against the appellant, J oseph Fitzpatrick, to recover certain lots in the city of Ensley, specifically described in the complaint. The defendant pleaded the general issue. This is the second appeal in this case. The common source of title was admitted to be in one Isaac Price.

Tried before the Hon. W. W. Wilkkrson. The appellee, the Peoples National Bank of Waynesboro, Pa., brought this action against the Peoples Ice Company and counted upon a promissory note executed by the defendant and which AAras alleged to have been the property of the plaintiff. The defendant filed the plea of the general issue and a special plea AAdiich set up a want of consideration. Acompanying this plea was a demand for a trial by jury.

Heard before the Hon. JR. B. Kelly. The bill in this case was filed by the appellants, John H. Noble and others, against the Gadsden Land & Improvement Company and several stockholders of said company. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Heard before the Hon. J. P. Stiles. The proceedings in this case, were had upon the final settlement of an administration of the estate of Otis Doss, deceased. 'The 'appellants who were the defendants in the court below and filed exceptions to the account of the administrator, were the sister of the deceased and the children of the brother of the deceased.

Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, James P. Cuzzart, against the Birmingham Southern Railroad Company, to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant.

Heard before the Hon. E. F. Ceooic. The proceedings in this eaise were had upon an application made by appellee, J. B. Hobson, as executor of the will of Jesse Beatty, deceased, to have the will of said Jesse Beatty probated. Upon the filing of this application, there was a contest filed by the appellant, William A. Beatty. The cause was tried by the court with a jury. There was a verdict in favor of the proponent, and the court rendered a decree accordingly.

Tried before the Hon. S. H. Sprott. This was an action brought 'by the 'appellant, J. A. Cash, against the Southern Express Company, in which the plaintiff’s sought to recover the sum of $2,000 for the breach of a contract alleged to have been made by the defendant through its authorized agent. The contract sued on is set out in the complaint.

Tried before the Hon. W. W. Wilkerson. This was 'an action brought by the appellee. Ed. Sanders against the appellant, Tom Davis, in which he sought to recover damages for false imprisonment. The complaint contained two counts, which were as follows : “1st count.

Tried before the Hon. A. A. Coleman. This action was brought by the appellee, H. Thomas, against, the Pioneer Mining & Manufacturing Company, under subdivision 1 o>f the Employer's Liability Act, and sought to recover damages for1 personal injuries alleged to have been sustained by the plaintiff, on account of alleged defects in the condition of the ways, works, machinery or plant of the defendant; said injuries being-sustained by the plaintiff while engaged in the…

Tried before the Hon. E. B. Almon. The appellant, J. N. 'Craig, brought an action of detinue against the appellee, B. T. Etheredge, in a justice of the peace court-. From a judgment in favor of the defendant the plaintiff appealed to the circuit court. In the circuit court the appeal was dismissed on motion made by the defendant. From the judgment dismissing the appeal the present appeal is prosecuted.

<p> Action for Malicious Prosecution. </p> <p>1. Action for malicious prosecution; admissibility of evidence. — In an action against the Southern Express Company to recover damages for malicious prosecution, where the principal issue in the case was as to whether the defendant had instigated or encouraged the prosecution of the plaintiff for robbing an express car, inquiries and statements addressed by the detective or special agent of the defendant to a witness, after the plaintiff had been arrested and before his discharge, concerning plaintiff’s movements and expenditure of money recently after the robbery, are competent and admissible in evidence as indicating that the defendant employed efforts to obtain evidence for use in said prosecution.</p> <p>2. Same; same. — In such a case, it is competent for the plaintiff on cross examination of the person who swore out the warrant for his arrest, to show that the special agent or detective in the employment of the defendant expressed the opinion to such person that he had sufficient evidence to convict the plaintiff of the robbery charged.</p> <p>3. Same; same. — In such a case, it is competent for the defendant to show that the person, upon whose affidavit the warrant of arrest of the defendant was sued out, before making said affidavit and suing out such warrant, submitted fully and fairly all the facts in regard to plaintiff’s guilt to a reputable practicing attorney, and was by him advised that the evidence was sufficient to justify plaintiff’s conviction; such evidence having a tendency to show that the prosecution of the plaintiff was by such person independent of defendant's influence.</p>

Heard before the Hon. Thos. H. Smith. The hill in this 'case was filed by the appellants, Winston Jones & Co., a firm composed of W. Jones and W. H. Jones, against the appellees, Mary E. Peebles and Dr. J. Moody, as administratrix and administrator of the estate of E. D. Peebles, deceased, and against Mrs. M. E. Peebles and Dr. J. Moody in their individual capacities.

Appeal 'from the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbuo. This action was brought by the appellant, P. E. Culli, as administrator of the estate of D. B. Horton, against the appellee, J. M. House.

Appeal front the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbro. This was 'an action brought by the appellee, W. H. Fowler, against the appellants, J. R. and W. T. Brown.

Heard before the Hon. O. Kyle. This is a petition addressed to the judge of the circuit court of Madison county, and filed by ¡the appellee, Anthony W. Moseley, seeking, by mandamus, to have the petitioner restored to his rights and franchises as a member of the “Christian Church of Huntsville, -Alabama,” a corporation created and organized under the general laws of this State.

Anniston. Tried before the Hon. James W. Lapslex. This was an action of detinue brought by the appellees, Roop & Sewell, a partnership, against the appellants, Jarrett Elston and W. F. Elston, to recover the possession of a horse, a mule, a buggy and wagon, and the value of the hire, or use, of such property during the detention thereof. The case was instituted in a justice of the peace court and was carried to the city court of Anniston by appeal.

Appeab from tlie City Court of Gadsden. Tried before the Hoii. John H. Disqub. This was a statutory action brought by the appellants against the appellees. The plaintiffs claim to be the owners of the lands sued for, under and by virtue of a deed executed by Mieajah Sanson, Lemile Sanson, his wife, to Eliza Lasiter, for and during her natural life and at her death to her children. All of the plaintiffs are the children and heirs-at-law of the said Eliza Laster.

Tried before the Hon. O. Kylio. This was a statutory action of ejectment brought by the appellee, Jacob Abraham, as trustee, against the appellant, John Hardee, to recover the possession of certain personal property described in the complaint. The action was commenced in a justice of the peace court. From a judgment in favor of the plaintiff in said court, the defendant appealed to the circuit court, and executed a regular appeal bond.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, F.-A. Bostick, against the appellees on August 4, 1899, and averred substantially the following facts: On July 5, 1898, J. W. Shoemaker purchased a certain tract of land from the defendants for the sum of $4,000.

Heard before the Hon. J. IT. Love.toy. On August 14th, 1900, R. L. Christopher, as guardian of Viva’and Estella Stewart, who were the sole heirs and' distributees of J. S. Stewart, deceased, filed a petition addressed to the judge of probate of Etowah county, in which he averred that said J. S. Stewart died in Etowah county on February 14, 1892; that letters of administration were granted upon his estate on May 12, 1892; that on November 3, 1892, said estate was declared…

Heard before the lion. William H. Simpson. Held: owned or possessed by said party of the first part, whether in his individual name or in his firm name of W. P. Campbell & Co., or jointly with others, including all notes, accounts and evidences of debt, and every species of property whatever, except his homestead in which he now resides.” The bill then averred that this reservation…

Tried before the Hon. James A. Bilbko. This was an action brought by the appellee, A. L. Hall, -against the Alabama Great Southern Railroad Company, to recover damages for injuries to a horse. The plaintiff 'Claimed damages under separate counts for injury to a horse and a mule, but the court gave the general.affirmative -charge for the defendant as to the damages claimed for the mule.

Tried, before the Hon. A. H. Alston. This was a statutory trial of the right of property between the appellee, J. J. Arnold & Co., as plaintiff in attachment, and the appellant, the Massillon Engine & Thresher Company, as claimant, and was instituted in the following manner: J. J. Arnold. & Go., as plaintiffs in attachment, sued out a writ of attachment against Morford & Whitehead, and caused the writ to be levied upon the property in controversy.

Tried before the Hon. John H. Disqtje. This was an action brought by the appellee, E. W. Julian, as administrator of the estate of James C. Julian, deceased, against the Gadsden & Attalla Union Eailway Co. Tlie complaint contained four counts. On the present appeal it is unnecessary to set out tlie second and third counts. The first and fourth counts of the complaint were as follows: “First.

Heard, before the Hon. Richard B. Kelly. The bill in this case was filed by the appellees, the Southern Railway Company, against the appellants, J. C. Hood, and others, on April 23, 1898.

Tried before the lion. A. H. Alston. This was a statutory action of ejectment brought by the appellees against the appellant, - to recover the possession of an undivided three-fourths interest in certain lands specifically described in the complaint. The cause was tried upon the plea of the general issue. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Heard before the'Hon. Richard B. Kelly. The bill in this case was filed by the appellant, W. H. Wilkinson, against the appellee, Mary W. Wilkinson; and prayed for a divorce from the defendant upon the ground of voluntary abandonment of the complainant. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before tbe Hou. John Pelham. This was an action brought by tbe appellee, J. M. Jackson, against tbe Southern Railway Company, to recover damages for personal injuries. Tbe complaint as amended contained six counts.

Heard before the Hon. William L. Parks. •The bill in this case Avas filed by Michael Burke against Willis Brewer, for the purpose of enforcing the statutory right of redemption. The facts of the case are sufficiently stated in the opinion. After averring in his bill that he had tendered the defendant $5,500, the bill contained the recital that the complainant paid into' the registry of said court $5,500. There was also an offer on the part of the complainant to do equity.

Tried before the Hon. J. A. Bilbro. George P. Slaton, the appellee, brought an action against the appellant, John C. Crawford, to recover the statutory penalty for cutting trees upon his lands. On the trial of this suit the plaintiff was cast and judgment Avas rendered in favor of the defendant for costs. Upon this judgment the said Crawford sued out a Avrit of garnishment Avhich was served upon one Street.

Heard.- before the Hon. James E. Horton. The appellee in this case, John Hundley, filed his application in the probate court of Limestone county asking that the paper presented for probate with said petition be probated as the last will and testament of Miss Mary Ann Walton, averring that he was named in said will as executor.

Tried before the Hon. H. C. Speake. This was a statutory action of detinue brought by the appellee, George W. Wise, against the appellant, Wiley Clem, to recover two mules. The suit ivas originally commenced in a justice of the peace court and from a judgment rendered in said court in favor of the plaintiff the defendant appealed to the circuit court. In the circuit court the plaintiff filed a new complaint for the recovery in detinue of the same mules.

Appeae from the Circuit Court of Madison. Tried before the Hon. O. Kxle. This suit was brought by the appellant, J. 0. Cross, against the appellee, B. F. Esslinger, to recover the statutory penalty under section 1065 of the Code of 1896, for failure to mark partial payment on the margin of the record of a mortgage, after request in writing.

Tried before the Hon. A. H. Alston. Appellants on tlie 7th day of September, 1900, instituted the present action of trespass in the circuit court of Autauga county, against the appellee, alleging that the plaintiffs being the owners of land which is known as “The Jim Nunn Creek Place,” defendant “constructed, and has since, without the consent of the plaintiffs, maintained on said lands, a ditch for the purpose of floating logs down the same to Autaugaville to the mill of…

Heard before the Hon. William H. Simpson. The bill in this case was filed on August 14, 1899, by the appellees, who were children and heirs of Sarah Thomas, deceased, against W. T. Walling, the appellant, and several other defendants who were described as the children, grandchildren and great great-grandchildren of Sarah Thomas, deceased.

Heard before the Hon. R. B. Kelly. The bill in this case was filed by the appellee, Mrs. D. Jane Johnson, as guardian of her two daughters, Janie Burnett and Annie Mathis, who were Janie and Annie Johnson before they were married. It was averred in the bill that on February 11, 1892, the complainant, as guardian of Janie and Annie Johnson, loaned one C. C. Clark the sum of $432 out of the funds belonging to her wards’ estate; that to secure this loan, C. 0.

Tried, before the Hon. A. D. Sayre. This was a statutory action of ejectment brought by the appellants as children of James and Samuel Oliver, against the defendant, Jesse Dabney, to recover certain lands specifically described in the complaint. The cause was tried by the court without the intervention of a jury upon an agreed statement of facts, and the claim of the plaintiff and the defendant, respectively, are shown in the opinion.

Tried before the Hon. John Moore. This was an action brought by the appellant, F. H-Andrews, against the appellee, A. E. Meadow, and counted upon a bank check drawn by the defendant on the Blocton Savings Bank in favor of J. H. Schuyler & Sons, by whom, as alleged in the complaint, the said check was endorsed to the plaintiff.

Tried before the Hon. H. C. Speake. This was an action brought by the appellee against the appellants. The complaint contained three counts.

Heard before the Hon. Titos. H. Smith. On June 1, 1897, Sarah E. Nabors, as administratrix and E. S. Lyman, as administrator, of the estate of French Nabors, deceased, filed an original bill in the chancery court of Bibb county, against Charles F. Douthit.

Heard before tbe Hon. A. D. Sayre. The bill in this ease was filed on July 20, 1901, by tlie appellee, A. P. Tyson, against the First National Bank of Montgomery. The hill averred in substance as follows: 1. Complainant was a resident citizen property owner, and tax payer in the city of Montgomery. 2. The defendant bank was organized under the laws of the United States, and located in said city. 3.

Heard before the Hon. William L. Parks. Tiie bill in this case was filed by the appellee, Mrs. A. A. Collier, a married woman, against the appellee, M. N. Carlisle. The facts of the case are sufficiently stated in the opinion. Upon the submission of the cause upon the pleadings and proof, the chancellor decreed that the complainant was not entitled to the relief prayed for, and ordered the bill dismissed.

Tried before the Hon. John Moore. This was an action brought by the appellant, A. P. Evans, against the appellee, the Southern Railway Co. The suit was originally commenced in a justice of the peace court and was carried by appeal to the circuit court. In the circuit court the plaintiff: filed a complaint containing two counts.

Tried before the Hon. John Moore. This action tras brought by the appellant against the appellee. The complaint contained two counts.

Heard before the Hon. W. L. Parks. The bill in this case was filed on June 12, 1900, by the appellants, C. It. G-lass & Co., against the appellee, J. C. Haygood.

Heard before the Hon. William L. Parks. This was a statutory action of ejectment, brought by the appellee against the appellants, Joe Baker, Jr., and A. W. Deshazo.

Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellant, Fannie O. Treadwell, against the appellee, C. 0. Torbert.

Tried before the Hou. A. D. Sayre. This was an action brought by the appellee, James M. Mason, against the appellant, the Montgomery Street Railway Company, to recover damages for personal in-, juries. The complaint contained three counts, in each of which the plaintiff claims five thousand dollars damages.

Tried before the Hon. A. H, Alston. This was an action of assumpsit brought by the appellee against the appellant. The apeal is prosecuted from a judgment in favor of the plaintiff. Under the opinion on the present apeal, it is unnecessary to set out the facts in detail.

Tried before the Hon. J. C. Richardson. In August, 1897, Marks & Gayle, a partnership, recovered a judgment against one G. T. Wood in the circuit court of Lowndes county. Upon this judgment an execution was issued on September 10, and was returned “no property found.” In April, 1899, an alias execution was issued upon said judgment and in August, 1899, it was returned “no property found.” On October 30, 1899, a, pluries execution xvas issued upon said judgment.

Tried before the Hon. K. L. Harmon, Special Judge. This was an action for money had and received, brought by the appellees, T. K. Brantley & Co., a partnership, against the appellant, William J. Merrill, Sr., in which the plaintiff sought to recover money paid by them to the defendant for the purchase of cotton. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment rendered in favor ■of the defendant.

Tried before the Hon. J. C. Richardson. This case was originally instituted by appellee in a justice of the peace court; the complaint, as shown by tbe record, being as follows: “Tbe plaintiff claims of tbe defendant seven hundred pounds of lint cotton on a waive note, due and unpaid.” Upon a bearing of tbe cause the justice rendered a judgment against defendant as follows : “After bearing tbe evidence tbe court gave judgment for tbe amount claimed or its value in money,…

Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellee, J. M. Dauphin, against the appellant, J. P. Griffin, to recover certain lands specifically described -in the complaint. The defendant pleaded the general issue, and the cause was tried upon issue joined upon this plea. The plaintiff based his right to recover upon the following facts: One T. E. Chesser sued one J. J. Harralson in a justice of the peace court.

Heard before the Hon. W. L. Parks. The averments of the bill and the facts of the case are sufficiently stated in the opinion.

Heard before the Hon. Richaed B. Kelly. The appellant, Ben Meyer, filed a bill against the appellants the Calera Land Co., Joseph Goetter, trustee, and others.

Tried before the Hon. John P. Hubbard. This action was brought by the appellant, R. L. Mc-Kissack, against the appellee, W. A. McClendon, as sheriff and the sureties on his official bond and sought to recover for the breach of a bond in making a wrongful levy of writs of attachment upon the property in the possession of the plaintiff. The defendant pleaded the general issue and several special pleas.

Tried before the Hon. N. D. Henson. The appellant, T. B. Jones, recovered a judgment in the circuit court of Tallapoosa county on August 9, 1892, against E. IV. Massengale. Upon this judgment a writ of garnishment ivas sued out, on August 16, 1898, and served upon H. C. Thomas and others.

Heard before the ITon. W. L. Park's. The bill in tliis case was filed by the appellee, Alex. Daugherty1' against the appellant, Henry Richards, and prayed to have a mill dam and mill pond abated as a nuisance. The averments of the bill and the grounds of demurrer reviewed, and the ruling of the chancellor upon the demurrer are sufficienly shown in the opinion.

Heard before the Hon. Richard B. Kelly. The bill was filed in this case by the Equitable Mortgage Company to foreclose a mortgage executed to complainant, a foreign corporation, by Rebecca H. Finley, and her son, Henry Finley.

Tried before the Hon. N. D. Denson. This was an action brought by the appellant, Peter B. Melton, against the appellee, E. E. Jackson Lumber Company, to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant. The. facts of the case are sufficiently stated in the .opinion. The appeal is prosecuted from a judgment in favor of the defendant.

Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellants, Frith & Co1., against the appellee, Gr. W. Hol•lan, to recover the balance due upon the purchase price of onions,' which had been sold by the plaintiffs to the defendant.

. Heard before tbe Hon. A. D. Sayre. This was a proceeding instituted by the City Council of Montgomery against the appellee, T. Gardner Foster and certain lots situated on the east side of Perry street in the city of Montgomery, seeking to charge said lots with a lien in favor of the city of Montgomery for the costs of paving the street in front of said lot and the paving of the sidewalk and the curbing of the sidewalk.

Heard, before the Hon. William L. Parks. The. bill in this case was filed by the appellees against the appellant, T. W. Shows. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause on the pleadings and proof, the chancellor decreed that the complainants were entitled to the relief prayer for, and ordered accordingly. From this decree the defendant appeals, and assigns the rendition thereof as error.

Tried before the Hon. John Pelham. This was an action brought by the appellee, Lon Williams, against the appellant, the Coosa Manufacturing Company, to recover damages forpersonal injuries. The complaint contained nine counts. The court sustained the defendant’s demurrer to the first, second, third, fourth, fifth and eighth counts of the complaint, and the record recites that issue was joined on the pleas filed to the sixth, seventh and ninth counts.

Tried before tbe I-Ion. G. K. Miller. Tliis case originated in tbe mayor’s court of Talladega by tbe prosecution of the appellee, Wiley Fitzpatrick, for disturbing religious worship under an ordinance of tbe city of Talladega. The defendant was convicted in tbe mayor’s court and fined $75. He then took an appeal to the city court.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant John Higman, against the appellees, Milton Humes, John H. Sheffey and Harry C. Higman.

Heard before the Hon. William L. Parks. The bill in this case was filed by the appellees as creditors of J. R. Adair & Co. The purpose of the bill and the farts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the final submission of the cause upon the pleadings and proof, the. chancellor decreed that the complainant was entitled to the relief prayed for, and ordered accordingly.

Tried before the Hon. Thos. W. Coleman, Jr. Tlxis action was brought by the appellees, against the appellant, to recover a license privilege tax for the years 1899, 1900, 1901 and tax commissioners’ fees thereon, the amount of said taxes being five hundred dollars for one year and the fees fifty dollars on each amount. The defendant pleaded the general issue and several special pleas.

Heard before the Hon. William L. Parks. The bill in this case was filed by the appellant, M. E. Motes, against the appellees, Dick Roberson. and Mary J. Roberson, his wife, for. he purpose of having a mortgage executed by the defendants to the Edinburgh American Land Mortgage Company and another mortgage executed by the defendants to the Loan Company of Alabama, equitably assigned to the complainant, and at the same time praying that the complainant be subrogated to the lien…

'Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action brought by the appellee against the appellant; and counted upon a fire insurance policy. The defendant pleaded the general issue.

Tried before the Hon. H. 0. Speake. This action wag brought by the appellants, Hall & Brother against the Western Assurance Company of Toronto', and counted in the statutory form upon a fire insurance policy, seeking to recover the loss sustained by fire of said articles included in the policy.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Charles C. Sheats, against H. B. Scott.

Heard before Hon. W. H. Simpson: The bill in this case ivas filed by P. F. Garrett, as administrator of the estate of Eliza A. F. Lane, deceased, against E. J. Bussell, J. M. Bussell, W. B. Bussell, George B. Bussell and Thomas A. Bussell. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently shown in the opinion.

<p>Appeal from the Circuit Court of -Lauderdale.</p> <p>Tried before the Hon. E. B. Almost.</p>

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

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

<p>Appeal from Probate Court of Madison.</p> <p>Heard before the Hon. S. M. Stewart.</p>

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

<p>Appeal from the Chancery Court of Tallapoosa.</p> <p>Heard before the Hon. Richard B. Kelly.</p>

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

<p>Appeal from the Montgomery Chancery Court.</p> <p>Heard before the I-Ion. William L. Parks.</p>

<p>Appeal from the Jefferson Probate Court.</p> <p>Heard before the Hon. J. P. Stiles.</p>

<p>Appeal from the Circuit Court of Madison.</p> <p>Tried before tbe Hon. O. Kyle.</p>

<p>Appeal from tbe Chancery Court of Crenshaw.</p> <p>Heard before tbe Hon. W. L. Parks.</p>

<p>Appeal from the Circuit Court of Montgomery.</p> <p>•Tried before the Hon. J. O. Richardson.</p>

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