Volume 135 — Alabama Reports

Tried before tbe Hon. William S. Anderson. Tbe appellant in this case, ITamp Hunt, was indicted and tried for tbe murder of Gilbert Howell and was convicted of murder in tbe second degree and sentenced to tbe penitentiary for ten years.

Tried before the Hon. Peyton Nobvell. The appellant Ed Shepherd, was indicted and tried for forcibly ravishing Lastena Russell, a girl, and was convicted of the offense charged and sentenced to the penitentiary for ten years. The evidence introduced on the trial of the case and the facts relating to the rulings upon the evidence are sufficiently stated in the opinion.

of Lowndes. . Tried before the Hon. J. C. Richardson. The appellant was indicted and tried for murder in the second degree for killing one Ed Jones by shooting him with a gun, was convicted of murder in the second degree and sentenced to the penitentiary for ten years.

Tried before the Hon. W. B. Appling. The appellant in this ease, Oscar Oakley, was tried under the following incUctment: “The grand jury of said county charge that before the finding of this indictment Oscar Oakley alias Oscar Berry forcibly ravished Mattie Oakley, a female. “The grand jury of said county further charge that before the finding of this indictment Oscar Oakley, alias Oscar Berry, did carnally know, or abuse in the attempt to carnally know Mattie Oakley, a…

Appbal from the Circuit Court of Coueculi. Tried before the Hon. J. C. Richardson. The appellant in this case, Ed Castleberry, was tried and convicted under an indictment charging him with the carnal knowledge of, or abuse in the attempt to carnally know, a negro girl under the age of ten years; and was sentenced to the penitentiay for ten years.

Tried before the Hon. W. B. Appling. The defendant, Oscar Oakley, was indicted, tried and convicted on the charge of rape. The second count of the indictment charged that defendant “did carnally know, or abuse in the attempt to carnally know, Mattie Oakley, a female under the age of fourteen years.” After demurrers to this count were overruled, a voile proacqiii was entered as to> said count before the trial.

Tried before the Hon. D. A. Greene. The appellant in this ease, Jim Webb, wag indicted, tried and convicted for the murder of William P. Walton, and sentenced to be hanged. Upon the call of the case the State announced ready but the defendant asked for a continuance of the cause upon the following grounds: “First.

. Tried before the Hon. J. C. Richardson. The appellant in this case, William Henderson, was indicted, tried and convicted for carrying a pistol concealed about his person. The facts relating to the only rulings of the trial coui*t reviewed on the present appeal are sufficiently stated in the opinion. cited Carter v. State, 63 Ala. 52; Beason v. State, 72 Ala. 191; Green v. State, 96 Ala. 32.

Tried before the Hon. O. J. Semmes. The appellant in this case, Louis Bohlman, was indicted, tried and convicted for an assault with intent to murder one Martin Cochran, and was sentenced to the penitentiary for twelve years!. On the trial of the case Martin Cochran, the person assaulted, testified that the. defendant, who was his brother-in-law, shot him with a shot gun; that the shooting occurred about half past seven o’clock on the evening of April 5, 1902.

Tried before the Hon. A. A. Evans. The defendant was indicted and convicted of murder in the first degree, and was sentenced to the penitentiary for life. 'The opinion sufficiently shows the questions reserved upon the admission of evidence.

Tried before the Hon. William H. Tho'mas. The appellant in this case, Richard Fielding, was indicted, tried and convicted for carrying a- pistol concealed about his person.

<p>Appeal from tlie County Court of Cullman.</p> <p>Tried before tlie Hon. S. L. Fuller.</p> <p>Tlie facts of the case are sufficiently stated in tire opinion.</p>

Tried before the Hon. John H. Bisque. Tlie appellant was indicted, tried and convicted for the larceny of money from the person of T. P. Scar-brough.

Tried'before the Hon. John C. Anderson. The indictment under Avhich the appellant in this case was tried and convicted is copied in the opinion. To this indictment the' defendant demurred upon the following grounds: “1.

This was an impeachment proceeding originally commenced in the Supreme Court by the filing of a petition or information by Thomas L. Johnson and others in their own behalf and for the State, wherein they averred in many several specifications tliat J. H. Lovejoy, judge of probate of Etowah county, in the State of Alabama, while acting as said judge of probate corruptly charged and received fees in several instances and transactions, and also by separate and several…

Aiweae from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appeal in this case is prosecuted from a judgment convicting the appellant, Henry Morningstar, for having engaged in or carrying on the business of a dealer in pistols without a license. The fficts of the case are sufficiently stated in the opinion. cited Abel v. State, 90 Ala. 633; Weil v. State, 52 Ala. 19; Graham r. State, 71 Miss. 208; 5 Am. & Eng. Ency.

<p>Appeal from the City Court of Bessemer.</p> <p>Tried before the Hon. B. C. Jones.</p> <p>The appellant in this case was tried and convicted for an assault and battery. The cause was tried by the court without the intervention of jury.</p> <p>The entries on the trial docket, by the judge, as shown by 1ns bench notes, show a finding by him of the defendant guilty of the. offense charged, the assessment of a fine, and the confession of judgment by the defendant and other perons as his sureties. In entering up> the judgment, upon the. minutes of the court the clerk did not enter therein a formal adjudication by the court of the guilt of the defendant. At the next term of the court the solicitor of said court made a motion to amend the judgment nunc pro tunc entered in the said cause as made at the former term so as to make it contain the formal adjudication of the defendant’s guilt. The defendant and his sureties in the confession of judgment objected to 'the granting of such motion upon the ground that the matter proposed to be amended nunc pro tunc was not a judgment, and, therefore, constituted nothing to be amended, and, further, because said judgment at the former term of the court had passed beyond the jurisdiction of the court. This objection was overruled, and the court granted said motion amending the judgment nunc pro tunc. To this ruling the defendant duly excepted, and from said judgment amending the former judgment nunc pro tunc the present appeal is prosecuted.</p> <p>The object of a judgment nunc pro tunc, or, an' amendment of a judgment nunc pro tunc, is not to correct judicial errors, such as to render a judgment which the court ought to have rendered, in the place of one which it did erroneously render, nor to supply non-action by the court. Wilmerding v. Corbin Banking Co.. 126 Ala. 288; Dumas v. Hunter, 30 Ala. 188; Broioder v. Faulkner, 82 Ala. 257; Robertson v. King, 120 Ala. 459. Amendments of judgment can not cure the inaction, or an erroneous action of the court. — Taylor v. Harwell, 65 Ala. 1.</p> <p>The bench notes, or entries of judgment on the trial docket, were sufficient record evidence upon which to amend the judgment, nunc pro tunc, or to enter upon the minutes of the court the judgment of conviction. This entry of judgment on the record was the duty of the clerk of the court and his failure to do so was merely clerical error. The court did not err in ordering the judgment to be entered on the record at a subsequent term of the court under the doctrine laid down in the following cases: Clanton v. State, 96 Ala. Ill; Charles v. State, 4 Porter 107; Kuehlthau v. State, 92 Ala. 92; Herring v. Cherry, Smith & Co., 75 Ala. 376.</p>

Heard before the Hon. Ed. Loach. The proceedings in this case were had upon a petition filed by the appellant, John Parr, for habeas corpus, addressed to the judge of probate of Geneva county asking for his discharge from custody. The facts of the case upon which the petitioner asks for his discharge are sufficiently stated in the opinion. Upon the hearing of all the evidence the court denied the petition, and remanded the petitionar to the custody of the sheriff.

Api'KAL from the Chancery Court of Mobile. Heard before the Hon. Tucos. II. Smith. I he bill in this case was filed by the appellants against the city of Mobile. Held: managed, controlled and disposed of, as to it may seem best. “ ‘Section 2.

Heard before the lion. A. I). Bayhe. The bill in this case was filed by the appellant, thank W. Lide, against the appellees. The case made by the hill ig' that in April, 1877, Alexander McDade owned and possessed the lands described and involved in this suit, consisting of about 1,220 acres. Said Alexander died in April, 1877.

Awn ad from the Circuit Court of Madison. Tried before the Hou. Osceola Kyle. The appellant, Emma Knight, brought an action against the appellees, K. M. Davis and Carrie Davis, to recover damages for the breach of a covenant in a deed. Judgment ivas recovered by the plaintiff in this suit. Upon this judgment an execution was issued and levied upon a house and lot which was occupied by defendants as a homestead.

Heard before the ITon.' ¡á. P. Prowell. Tlie proceedings in this case were had upon a petition filed by tlie appellee, Morris Mayer, as the administrator of tlie estate of Allen Kornegay, deceased, asking for the sale of the lands of the estate of his intestate, for the payment of the debts of said estate, averring in said petition that the personal property ' belonging to said estate was insufficient to pay said debts.

Heard before the Hon. Thomas H. Smith. Marie V. Craft, the appellee in this case, filed her bill of complaint on the 16th day of June, 1900, against T. I). McMillan, the appellant, praying the foreclosure of two certain deeds of trust made by Alcide P. Gues-nard to, the Southern Building & Loan Association-^— one of said deeds of trust being for the sum of $2,000 and the other being for the sum of $500.

Tried before the Hon. A. A. Coleman. This action was brought by the appellee, Samuel L. Owens, against the appellant, the Birmingham Railway, Light & Power Company, to recover damages for personal injuries, alleged to have been received on account of the negligence of the defendant in the management of a street car, by reason of which alleged negligence the plaintiff, while attempting to alight from said car, was thrown violently to tifie ground.

Heard before the Hon. Thomas H. Smith. The hill in this case was filed by Gus D. Stapleton and others, resident tax payers of Baldwin county, Alabama, against James D. Hand and others, commissioners appointed by the act of the General Assembly entitled “An act to provide for the removal of the county seat of Baldwin county, Alabama, from Daphne in said county to Bay Minette in said county,” (Acts, 1900-1, p. 754), and against the probate judge, treasurer and court of county…

Tried before the Hon. Chas. A. Senn. This was an action brought by the appellee, Lee Dial, against the appellant, the Houston Biscuit Company, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The complaint as amended contained eight counts. Demurrers were sustained to the first six counts. The seventh and eighth counts were in words and figures as follows: Ҡ.

Heard before the lion. Thomas H. Smith. The bill in this case was filed by Niehard Inge and others as taxpayers of the city of Mobile, against the Board of Public Works, in charge of municipal improvements in the 'city of Mobile, and against the individual members thereof, seeking to have enjoined the payment of any moneys of the city upon two certain unperformed contracts for paving in the city of Mobile; one of said contracts being for the paving of certain streets with…

Tried before the Hon. A. I). Sayke. This action was brought by the appellee, Jim Milli-gan, to recover damages for personal injuries alleged to have been received by him while in the employ of the defendant.

Heard before the Hon. W. L. Parks. The bill in this case was filed on January 18, 1.899, by Die Deposit Bank of Frankfort, Kentucky, against Andrew E. Chaffee, Annie E. Chaffee, W. P. Bussell, L. B. Jones and C. W. Jones, for the purpose of having set aside and cancelled as fraudulent and yoid a deed made by Andrew E. Caffee to bis wife, Annie E. Caffee, and. a mortgage executed by said Andrew and Annie Caf-fee to W. P. Russell.

Tried before the Hon. G. K. Miller. This was .an action brought by the appellees ag’ainst the appellants to recover $75, the amount of 5 months royalty alleged to be due upon a lease executed by the plaintiffs to the defendants, by which lease the plaintiffs granted to the defendants the right and privilege to mine all iron ore in and under certain designated lands.

• Tried before the Hon. William S. Anderson. This action was brought by the appellee, John L. Wat-ters, against the appellant, the Mobile Street Railway Company, to recover $2,000 damages for the alleged wrongful ejection of the plaintiff from one of the street cars owned and operated by defendant in the city of Mobile.

A i'i'KAL from tlie Circuit Court of Bibb. Tried before the Hon. John Moore. This was an action brought by the appellee, D. A. Job m on, against the Louisville & Nashville Railroad Company, as a common carrier, to recover damages for the failure, of the defendant to deliver one refrigerator at Bloeton, Ala., which ivas received by it as connecting carrier and which was to be delivered to the plaintiff at Bloeton for a reward.

Beard before the Hon. A. D. Sayre. Prior to April, 1890, one Henry M. Frank purchased and had conveyed to him a certain piece of real estate iyino- in the city of.

Ai’phaLi from the Chancery Court of Montgomery. Hoard before the non. W. L. Parks.- This was a bill filed by W. A. Gunter, as executor under the will of E. F. Gunter, to cancel as a cloud on complainant’s title a certain mortgage executed to Caldwell Bradshaw by complainant’s testatrix and complainant. The averments of the bill and answer and the facts in evidence u.ro shown by the opinion.

Tried before the Hon. William S. Anderson. This ivas an.action brought, by the appellee, a corporation, against the appellants, to recover damages for the alleged breach of a contract. Under the opinion on the present appeal, it is unnecessary to set out the facts of the case in detail. There were verdict and judgment for the defendant. Thereafter the plaintiff made a motion for a new trial, which ivas granted. To this ruling the defendant duly excepted.

Tried before the Hon. William S. Andbeson. This action was brought by the appellant, Henry Morningstar, • against the appellee, the Louisville & Nashville Railroad Company.

Tried before the Hon. J. C. Kichakdson. This was an action brought by “S. hi. Cassimus, doing business under the firm name of Cassimus Brothers,” against the appellee, and sought to recover $1,500' alleged to he due under an insurance policy issued by the defendant to the plaintiff. The defendant pleaded the general issue and the following special pleas: “2.

Tried before tlie Hon. A. A. Coleman. This action ivas brought by the appellee, J. G. D. Crosthwait, against tlie appellant, John J. Moore, to recover the purchase price of a horse alleged to have been sold by the plaintiff to the defendant. The suit was was originally instituted in a justice of the peace court, and from a judgment in favor of the plaintiff, the defendant took an appeal to the circuit court.

Appeai., from the City Court of Montgomery, in Equity. Heard, before the Hon. A. I). Sayre. The bill ill this case was filed on July 24, 1900, by the appellant, the Jesse French Piano & Organ Company, against the appellees, E. E. Forbes and Teresa F. Wing.

Tried before the Hon. William S. Anderson. This action was brought by the appellee, Ed Hansen, against the appellant, the Mobile Light & Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s horse. After the introduction of the plaintiff’s evidence, the defendant moved to exclude all of such evidence, upon the ground that said evidence did not make out a prima facie case.

Heard before the Hon. Thos. H. Smith. The bill in this case was filed by the appellant, Thos. F. Moore, against the Parker Drug Company, a corporation, and W. B. Parker, as president and R. B. Dawes, its secretary. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. After the filing of the bill, a receiver was appointed.

Heard before the Hon. A. I). Sayre. The bill in this case ivas filed by S. H. Dent and C. H. Roquemore, as trustees, against the children of John D. Roquemore, deceased.

Tried before the Hou. S. H. Sprott. This was an action of trover against the appellees, E. & Company, to recover damages for the alleged conversion of two bales of cotton, alleged to have been sold to the defendants, E. R. Rose & Co., by J. H. Sexton.

Aupbai. from the City Court of Montgomery, in Equity. Hoard before the Hon. A. 1). Bathe. . The bill in this ease was filed by the appellee, Julia Gilmer, against the appellant, N. N. Cannon, and prayed to have a certain mortgage and deed executed by the complainant to the defendant delivered up and can-celled as having been procured by fraud, misrepresentation and undue influence. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. S. H. Sprott. This was a statutory real action in the nature of ejectment brought by the appellant, Easter Harrison, against the appellees, Mary and Enos Alexander. The defendant pleaded the general issue.

The plaintiff claimed to be the owner of said mules by right of purchase from one B. R. Pilcher of his interest in them and by virtue of a purchase from one haircloth of the purchase money note made by said B. R. Pilcher to Pairclotli for the mules; it being stipulated in said note that Pairclotli retained the title to the mules until the purchase price was paid.

Tried before the Hon. James W. Lapsley. The facts of the case are sufficiently stated in the opinion.

Tried before the lion. A. A. Coleman. The facts of thé case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before the Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. The letters testamentary appearing to be regular on their face could not be collaterally attacked. — Russell v. Erwin, 41 Ala. 299; Morgan v. Casey, 73 Ala. 225; Moore v. Oottingham, 113 Ala. 161; Bromberg v. Sands, 127 Ala. 411; Code, § 55, note.

Tried before tbe Hon. J. C. Bichabdson. i Tbis was an action of detinue brought by tbe appellee,-May Bailey, against tbe appellant, Kate DoAvns, to recover possession of one trunk and its contents, together with the value of the use thereof during detention, and was commenced in a justice of the peace court.

, Heard before the Hon. Richard B. Kelly. The bill in this case was filed by the appellants- against the appellees. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. On the final submission of the cause upon the pleadings and proof, the chancellor rendered a decree denying the relief prayed for by the complainants, and ordered the bill dismissed.

Tried before the Hon. John P. Hubbard. This action was brought by the appellee, B. W. Ed-mondson, against the Central of Georgia Railway Company to recover damages for the alleged negligent killing of a horse.

Tried before the Hon. W. W. Wiliobrson. This was an action by Fred D. Hamilton,' as administrator of the estate of Alfred Wicks, deceased, to recover damages for the allaged wanton or intentional killing of plaintiff’s intestate. .The trial was had on the plea of the general issue. The evidence showed that Wicks was killed by appellant’s passenger train, at a point, on defendant’s track distant from- one-quarter to three-quarters of a mile from Powderly.

Tried before the Hon. N. D. Denson. This was an action brought by the appellee, William H. Heard, against the appellant, C. L. Pearson, and counted upon a promissory note. The defendant pleaded the following special plea: “12.

. Ai'i’EA], from tlie City Court of Montgomery, in Equity. Heard before the lion. A. I). Sayre. The bill in this case was filed by the appellant, John B. Nicrosi, against the appellees, ITal T. Walker and his wife, Bessie: IV. Walker, for the foreclosure of a mortgage executed by the defendants to the complainant, to secure a note simultaneously executed by them to the complainant. The facts of the case are sufficiently stated in the opinion.

Ax-’Peai. from the Circuit. Court of Pike. Tried before tlie I-Ion. John P. Hubbard.

Tried before, the Hon. Osceola Kyle. Statutory trial of right of property to property levied on under attachment- issued at the suit of appellees, W. T. L. Cofer and another, against one P. B. Arnold. The property levied on was claimed by defendant’s wife, Annie J. Arnold, affidavit and bond being given. The' suit was begun in the justice court. .

Heard before the.II011. \Y. \Y. Wilkkrson. The appeal in this case was prosecuted from a de-' cree of the judge of the city court of Birmingham, sitting as chancellor, granting the relief prayed for by the appellee, J. A. Cain, in a bill in equity restraining the appellant, the Town of Woodlawn, from the levy of an additional tax by said municipality alleged to have been authorized by a vote of the citizens of the town of Woodlawn.

Tried before the Hon. A. H. Alston. This action was brought by the appellee, Vandorn Lollar, against the Southern Railway Company to- recover $1,500 danmg'es for personal injuries alleged in the complaint to have been sustained by the plaintiff while a passenger on one of the defendant’s trains, by reason of the negligence of the employes- of the defendant in wrongfully moving or jerking said train while the plaintiff was in the act of alighting therefrom.

Heard before tlie lion. A. I). Sayum. The bill in this (Rinse was filed by the Savannah Rail and Equipment Company against M. Sabel & Sons., awl prayed that complainant» and defendants be. decreed to be partners, and that defendants be. required to account to complainants for one-lmlf of the profits arising from the sale of the engines mentioned in the. bill. The opinion shows the facts alleged in the hill.

Chancery Court of Tallapodsa. Heard before, the. Hon. Richard B. Kelly. The bill in this ease was filed by the appellee, F. E.. Langley, as administrator of the estate of John J. Slaughter, deceased, against, the appellants, W. T. Langley, and several persons claiming the lands involved in the controversy, under mesne conveyances from said W. T. Langley. The purpose of the bill was to enforce a lien for the purchase money upon the lands described in the bill.

Appear from the Circuit Court of Jefferson. Tried before the lion. A. A. Oole.aiax. This Avas an action brought by the appellee, Katie Butler, by her next friend, against the Birmingham Bafhvay & Electric Company, in Avhich the plaintiff sought to recover ten thousand dollars damages for personal injuries alleged to lnrve been caused the plaintiff by reason of the negligence of the defendant. The complaint- contained two counts.

Tried before, tlie. lion. Osceola Kyle. This action originated in a justice of the peace court and ivas an 'action brought by the appellant., Sarali Leech, against the appellees. From a judgment in favor of the plaintiff the defendants appealed to the circuit court. The action ivas for breach of the condition of a super-sedeas bond.

Tried before the Hon. '(Rías. A. Sbatk. This was an action brought by Nannie S. Brooks as a The evidence showed that on Eelmiary loth, 1900, appellant ran from Tuscaloosa towards Meridian a local freight train, consisting of many cars. This train was manned by Parks, conductor; Clements, engineer; Webb, flagman, and Brooks, plaintiff's intestate, brakenmn. The train reached Epps about 4 o’clock p. m. the same day.

Tried before the I-Iou. John P. Htjbbaiid. The Alabama Mutual Fire Insurance Company was-incorporated under and by a special act. of the. Legislature of Alabama, approved'by the Governor on the 23d day of January, 1895, and was authorized to do a general fire insurance business.

Tried before the Hon. William. W. Wilkerson. This was an action brought by the appellee, Mile's V. Millsap, against the Western Union Telegraph Coili-panv, to recover damages alleged to have been suffered by the plaintiff, by reason of the failure of the defendant to deliver a telegraphic message. The facts of the case .are sufficiently stated in the opinion.

Tried before the ITou. Citas. A. Senn. This suit ivas brought by John M. Crowder to recover damages for the resultant effects of injuries sustained by his wife, Mary Crowder, while she was a pasenger on a train of defendant, going from Decatur to Huntsville, in July, 1899. There were four counts in the complaint.

Tried before the Hon. A. H. Alston. Tiie appellee, W. B. Word, recovered a judgment before a justice of the peace against- James and Susan Binforu. Execution was issued upon this judgment and levied upon certain property to which one Douglass 'Williams interposed a claim as provided by the statute.

Tried before the Hon. A. A. Coleman. This notion ivas brought by the appellee, Airs. Margaret A. Ellard, against the appellant, to recover damages for personal injuries, alleged to have been sustained by her 'while she Avas atempting to get on defendant's oar as a passenger to he transported from East Lake, a Suburb of Birmingham, to Birmingham; the plaintiff claiming ten thousand dollars. The complaint contains four counts.

Tried before the Hon. A. A. Evans. The appellee, \V. C. Main, brought the present action against .the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule, which was run over by a train operated on the defendant's road. On the trial there were verdict and judgment for the plaintiff.

Heard before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellee, Ida E. McClain, against the Pratt Land & Improvement Company and Joe Martin, and sought the cancellation of a deed executed by the complainant and her husband, conveying her land to the defendant Martin, and also the cancellation of a deed executed by Martin, conveying the same land to the Pratt Land & Improvement Company.

Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. A mortgagee has the right to resort to a court of equity to have the payment of the mortgaged debt established and the mortgage cancelled. — Kelly v. Martin, 107 Ala. 479; Rea v. Longstreet, 54 Ala. 291; Lehman v. Shook, 69 Ala. 486; Jones v. DeCfraffenreicl, 60 Ala. 145. The debtor may direct the application of any general payment made by him. 15 Am. & Eng. Ency.

Heai*d before the Hon. J. C. Carmichael. The hill in this case was filed by the appellant, Madeline Keene, as a resident citizen and tax-payer of Jefferson county, against Jefferson county and the Jefferson County Sanitary Commission.

Tried before the Hon. S. H. Sprott. This 'was a statutory action of detinue brought by the appellee against the appellants, to recover certain pieces of machinery, together with the value of the hire and use during their detention. The defendants filed several special pleas, in which they set up the failure of consideration, and pleaded set off: and recoupment. The record shows that the plaintiff moved to strike these several pleas from the file.

Tried before the Hon. Chas. A. Benn. This was an action brought by the appellee, Joe Neal, against, the appellant, James C. Patterson, to recover damages for the death of his minor son, who was alleged to have been wrongfully employed by the defendant in his coal mine. The plaintiff claimed fl5,000 damages. The facts of the case necessary to an understanding of ¡he decision on the present appeal, are sufficiently stated in the opinion.

Tried before the lion. Osceola Kyle. This suit was brought by the appellees, May, Buttrey & Cooney, against the appellant, Walter R. Steele, to recover damages for injury to plaintiffs’ stock of merchandise, caused by the overflow of a bath tub in the bath room adjoining and forming a part of room No. 5 in the Huntsville Hotel, of which the defendant was the proprietor and operator at, the time of the injury complained of.

Tried before the Hon. J. A. Bilbro. This was a suit brought by the appellant., W. H. Griffin, against the appellee, the Bass Foundry & Machine Company, to recover as damages the reasonable profits which plaintiff would have made under a contract with the defendant, if the defendant had complied with its said contract. 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 Horn Cijas. A. Senn. ■This was an action brought by the appellee, William S. Crocker, against the AVestern Union Telegraph Company, to recover damages for the negligent failure to deliver a telegraphic message; the. damages claimed being $1,000 for mental suffering and anguish. The message and the relationship of the sender and ■sendee and the other material facts of the case are sufficiently shown in the opinion.

Ai’peal from the Chancery Court of Morgan. Heard before-tlie Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The appellee in this case, although not a record party, did, by aiding and abetting the nominal party, become a real and interested party to the contest proceeding instituted in the probate court; and he thereby precluded himself from filing the present bill in the chancery court to contest the validity of said will.

Tried before the Hon. James A. Bilbro. The appellant, Ben Samuel, brought an action of assumpsit against Joseph Clover, and sued out an ancillary writ of garnishment, which was served on.the ap-pellee, the Nashville, Chattanooga & St. Louis Railway. In the garnishment suit there was a judgment rendered discharging the garnishee. To the rendition of this judgment the plaintiff duly excepted.

Tried before the Hon. 1). C. Blackwell, Special Judge This was an action brought by the appellee, J. C. Lan-ders, against the Louisville & Nashville Railroad Company as a common carrier, to recover damages for the failure to deliver cattle which had been shipped over the defendant’s road and for injury to cattle while in transportation on the defendant’s road.

Tried before the Hon. G. K. Miller. This action was brought by the appellant, the Shelby-Iron Company, against the appellee, J. T. Ridley, to recover nine hundred dollars for wil 1 fully and knowingly, and without the consent of the plaintiff, cutting down ^«■'destroying or-taking away ninety pine, oak, poplar, walnut and hickory drees and saplings, in violation of section 4137 of the Code of 1896..

Heard before the Hon. John C. Carmichael. The bill in'this cáse was filed by the appellant, Minnie Lacey Presley against the appellees'W. P. Hickman as administrator of the estate'of James J. Lacey, deceased, and R. F. Lacey, T. A. Lacey, and John W. Rardén, as sureties on the bond of said James J. Lacey, deceased, as guardian of the complainant, who was the daughter of said Jam.es J. Lacey, deceased.

Tried before the Hou. A. II. Alston. Action by W. L. Newman against H. M. Gardner on the common counts. The opinion sufficiently shoAvs the averments of the pleas and replications.

Heard before the Hon. William II. Simpson. The bill in this case was filed by the appellee as a creditor of A. R. Campbell, doing business as A. E. Campbell & Co., mentioned in the deed of general assignment made by A. R. Campbell for the benefit of creditors; and prayed for the appointment of a receiver to conclude the administration of a deceased trustee.

Apiu'IAL from the City Court of Birmingham. Tried before the Hon. Chas. A. Sisnn. This action was brought by the Birmingham Water Works Company against the appellee, Martha Truss, to recover the amount alleged to he due from the defendant to the plaintiff for water used by her. The cause was tried by the court without the intervention of a jury, and upon an agreed statement of facts. The facts upon which the cause ivas tried are sufficiently stated in the opinion.

A. A. Coleman. Tliis suit, was brought by tlie appellant-,. Joseph A. Peters, against the Southern Railway Company'to recover damages for personal injuries. The facts of the case are sufficiently stated in-the opinion. The appeal is prosecuted from a judgment in favor of the defendant. cited M. & G. R. &.

Aprj-hvu from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a common action of ejectment brought by John I)oe, on the demise of II. Ilerzberg, and others against IV. IV. McOarver to recover lands specifically described in the declaration. The cause was tried by the court without the intervention of a jury, and on May 21, 1900, a judgment was rendered in favor of the plaintiff, assessing his damages at $75.

Tried before the Hon. H. C. Speake. This was a statutory trial of the right of property. The appellant, J. B. Stuart, recovered a judgment against J. M. Mitchum. Upon this judgment execution was issued, .which was levied upon property as the property of J. M. Mitchum. After the levy of the execution upon said property a claim to the property so levied upon was interposed by the appellee, J. T. Mitchum.

Heard before the Hon. J. W. Mabry. The bill in this case was filed by the appellants, Joseph M. Baker and another, against the Selma Street & Suburban Bailway Company, and sought to enjoin the construction of defendant's track along Union street in the city of Selma. The facts averred in the amended bill are, in substance, as follows: Union street and Lapsley street run northerly and southerly, Lapsley being next west of and parallel to Union street.

Heard before the Hon. William H. Simpsoal The bill in this case was filed by the appellants against tlie appellees. The purpose of tbe bill and tbe facts of the case necessary, to an understanding of the decision on the present appeal are sufficiently stated in the opinion. On the final submission of the cause on the pleadings and proof the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered their bill dismissed.

Tried before the Hon. A. A. Coleman. This was an action by Helen Osborne as administra-trix of the estate of Arthur E. Osborne, deceased, against the Alabama Steel & Wire Company to recover damages for negligently causing the death of plaintiff’s intestate. The complaint was in six' counts. The first count attributed the death to a déféctive condition of defendant’s premises, in that its waterway was not sufficiently covered to make its said premises safe.

Api’Bau from the'Circuit Court of Jackson. Tried before the lion. J. A. Bilbro. This was an action of cletinne brought by the appellee, J. N. Flippo, against the Larldnsville Mining' Company, to recover an amount alleged to be due as the purchase price of land sold by the plaintiff to the defendant. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.

Tried before the Hon. Charles A. Sbnn. This was an action of trover brought by the appellee, The Alabama Coal & Coke Company, against the appellant, the Ivy Coal & Coke Company, to recover damages for the conversion of certain coal.

Appeal .from the Probate Court of Dallas. Tried before the Hon. P. CL Wood. This is an appeal by the legatees under the will of Marie Louise Kenan, deceased, from a decree rendered on final settlement of the administration of said estate by appellee as executor under the will.

Heard before tlie Hon. William H. -Simpson. The hill in this case was filed by the. appellee, the Huber Manufacturing Company, against the appellant, W. I). Blackburn, to foreclose a mortgage, executed by thé defendant to the complainant The defendant demurred to the bill; and upon the submission of the cause upon this demurrer, a decree was rendered by the chancellor overruling it.

Heard before the Hon. W. H. Simpson. This was a hill in equity filed by Daniel A. Moseley against David D. Overton and others, to enjoin the defendants from obstructing a ditch extending from complainant’s land on to the land of the defendants, through which ditch complainant claimed the right to drain off the water from his land.

Avi'kal from the Circuit- Court of Hale. Tried before the Hoh. John Moükjg. Action by Johnston Brothers against William Brown on a' promissory note. It was commenced in a justice of the peace court and appealed to the circuit court. The case was once before in this court, and is reported in 126 Ala. 93. The plaintiff's sued as original payees of the note.

Abbkal from tbe Circuit Court of Marion. Tried before tbe lion. E. B. AlmoN. • This was an action by Martha Ann Weeks against tbe appellant to recover damages for personal injuries received at a public road crossing. Tbe issues submitted to tbe jury were those of negligence on tbe part of tbe defendant’s employes in charge of tbe train, and contributory negligence of tbe plaintiff.

.Appeal from the Circuit Court of Crenshaw. Tried before the Hon. J. C. Richardson. The appellant, the British & American Mortgage Company, brought a suit against one M. J. Barnes to recover an amount alleged to be due from said Barnes to the plaintiff for rent, and sued out an ancillary writ of ataehment.

Heard before the Hon. John 0. -Caumiohael. The bill was filed by W. W. Thompson against New South Coal Company and others, and sought the specific performance of the following contract, which the bill alleged was made,.by Montgomery as agent for the New South Coal Company, namely: “Birmingham, Ala., Feb. 18th, 1901. To whom it may concern.

'City Court of Birmingham. Tried before the Hon. Chas. A. Sean. Action by W. H. Howell, a brakeman, against the Southern Railway Company, to recover damages for personal injuries sustained by him. The opinion states the material facts relating to the admission and exclusion of evidence.

Tried before Hon. A. D. Sayre. This ivas an action by Thomas Robinson against the Aetna Fire Insurance Company on a policy of fire insurance. The “Iron Safe Clause,” referred to in the opinion, by reason of a violation of which defendant claimed that the policy had been forfeited, was in words and figures following: “Warranty to keep books and inventories and to produce them in case of loss.

<p>Appeal from the Circuit Court of Tuscaloosa.</p> <p>Tried before the Hon. S. H. Sprott.</p>

<p>Appeal from Bibb Circuit 'Court.</p> <p>Tried before the Hon. John Moore.</p>

<p>Appeal from Tuscaloosa Circuit Court.</p> <p>Tried before the Hon. S. H. Sprott.</p>

<p>Appeal from Birmingham City Court.</p> <p>Tried before the Hon. Chas. A. Senn.</p>

<p>Appear from Bibb Circuit Court.</p> <p>Tried before the Hon. Daniel Collier, Special Judge,</p>

<p>Appeal from Coosa Circuit Court.</p> <p>Tried before tlie Hon. N. I). Denson.</p>

<p>Appeal from Henry Circuit Court.</p> <p>Tried before the Hon. John P. Httbbard.</p>

<p>Appeal from Montgomery City Court, in Equity.</p> <p>Heard before tbe Hon., A. D. Sayre.</p>

<p>Appeal from Limestone Probate Court.</p> <p>Heard before the Hon. James E. Horton.</p>

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

<p>Appeal from Franklin Chancery Court.</p> <p>Heard before the Hon. William H. Simpson.</p>

<p>Appeal from Montgomery Chancery Conrt.</p> <p>Heard before the Eton. W. L. Parks.</p>

<p>Appeal from the Circuit Court of Mobile.</p> <p>Tried before the Hon. O. J. Semmes.</p>

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