Volume 136 — Alabama Reports

Tried before the Hon. Osceol i Kyle. Tlie appellant in tliis case, Robert Smith, was jointly indicted with Frank On* and Pink Botts for the murder of Robert Taylor by shooting him with a pistol. Frank Orr and Pink Botts had been separately drawn and convicted and a severance was ordered as to the defendant Robert. Smith and he was tried separately and was convicted of murder in the first degree and sentenced to the penitentiary for life.

TTietL before the Hon. W. F. Hogue, Special Judge. The appellant in this ease, Festus Caddell, was jointly indicted with Lillian Gardner alias Lilly Gardner, for the murder of Mamie Caddell, the wife of Festus Cad-dell, by shooting her with a pistol. On motion of the defendant a severance was had and the defendant in the present case was tried separately, was convicted of murder in the first degree and sentenced to the penitentiary for life.

Alttial from the Circuit 'Court of Bibb. Tried before the lion. Wiluiam E. Hogue, Special J udge. The appellant in this case1, Wash Hainsworth, was indicted, tried and convicted for the murder of Frank Tilomas, by shooting him with a gun, and was sentenced to the penitentiary for life. On the trial of the case the evidence introduced on the part of the State tending to connect the defendant with the killing of the deceased, Frank Thomas, was circumstantial.

Tried before the Hon. J. C. Richardson. The appellant in this case, Mose Davis, was indicted, and tried for murder, was convicted of murder in the first degree and sentenced to be hanged. The opinion on the present appeal renders it unnecessary to set out the facts of the case. The court at the request of the defendant gave to the jury several written charges.

Tried before the Hon. Osceola Kyle. The appellant in this case, Horace Jackson, was indicted with several other persons, for the murder of one Alex Herman. The indictment contained two counts. In the first count the defendants were charged with the murder of Alex Herman by hanging him with a rope; and in the second count they Avere charged with the murder of said Alex Herman by shooting him with a gun.

Tried before the lion. Osceola Kyle. The appellant in this ease was indicted, tried and convicted for playing at a game with cards or dice at a public place.

Tried before the Hon. John Peli-iam. 'The appellant in this case, Pell Martin, Avas jointly indicted. with Charles Martin for the murder of John Pil-green. A severance’ was had and on the trial of the defendant he Avas convicted of murder in the second degree and sentenced to the penitentiary for ten years.

Tried before tbe Hon. Thomas W. Coleman, Jr. Tlie appellant in this ease, Berry Goodlett, was indicted and tried for the murder of Ella Crook, was convicted of murder in the second degree, and sentenced to the penitentiary for twenty years. The evidence of the State tending to show that the defendant shot and killed Ella Crook as charged in the indictment was circumstantial.

Tried before the Hon. John Phliiam. The appellant in this case, Lon Morrell, was indicted, and tried for the murder of Levi Morrell, was convicted of murder in the first degree, and sentenced to the penitentiary for life. When the defendant was arraigned for trial she pleaded not guilty, and the cause was set for trial for a succeeding day of the term of the court.

Tried before the. IIon. N. I). Denson. The appellant in this case, Ham Mathews, was indicted, tried and convicted for murder in the second degree for killing Link Dallas, and sentenced to fifteen years imprisonment in the penitentiary. On the trial of the case it was shown that the defendant killed Link Dallas on the last Sunday in March, 1902, by shooting him with a gun.

Tried before the Hon. T. L. Borom. The appellant, Ennis Wright, was indicted, tried and convi cited for an assault with a weapon. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. cited Carlisle v. Kill drew, 70 Ala 401; Olmstead v. Crook, 89 Ala. 228.

Tried before the Hon. John P. Hubbard. Henry Deal was indicted, jointly with two others, • for assault with intent to murder one Hatcher. He demanded a severance, and on his trial was convicted. The errors arising on the introduction of the evidence Sufficiently appear from the opinion.

AuukaIj from the City 'Court of G-adsden. Tried before the Hon. John H. Disque. The appellant in this case Walker White, was indicted and tried for the mur-der of Jack Gordon, was convicted of murder in the second degree and sentenced to the penitentiary for twelve, years.

Tried before the Hon. Ed. B. Almon. The appellant in this ease, George Meadows, was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment George MeadoAvs did unlaAvfully, or Avantonlv, kill, disable, disfigure, destroy, or injure, á mule, the personal • property of David Walker, of the value of eighty dollars.” “And the. grand jury of said county further charge that George Meadows did unlawfully,…

Tried before the Hon. William E. Skeggs. The appellant in this case, W. T. Johnson, was prosecuted and convicted for an assault and battery upon John Henry with a pistol.

Tried before the Hon. A. H. Alston. The appellant in this case, Arthur Holmes,' was indicted and tried for an assault with intent to murder Annie Love, was convicted of an assault with a pistol, and fined one hundred dollars. On tbe trial of the case the State introduced as a witness Annie Love, the person assaulted, and her testimony-tended to shoiv that the defendant intentionally and deliberately shot at her with a pistol.

Tried before the Hon. John H. Disque. Tbe appellant in this case, John Bush, was indicted, triet and convicted for an assault with intent to murder one Joe Gross. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. A. H. Alston. The appellant in this case, John Roden, was indicted, tried and convicted for drunkenness in a public place, in violation of the statute, Oode, § 4656. The evidence for the-State tended to show that the defendant appeared in a public place in a drunken condition and manifested the same by boisterous conduct and loud and profane discourse.

Tried before the Hon. Joi-in IL Disque. The appellant in this case, Floyd Reed, was prosecuted and convicted for violating a stock law in letting his , stock run at large within the territory alleged to have been Avithin the stock latv district. The facts of the case are sufficiently stated in the opinion. There can only be one election held under the act p-roAdd-ing for the establishment of a stock law district in Eto-Avah county. — Acts of 1900-01, 170, § 3.

Tried before the Hon. John H. Disque. The appellant in this case, Stonewall Cox, was indicted and convicted for disturbing a religious assembly.

Tried before the Hon. William H. Thomas. The appellant in this case, Morris Jackson, was indicted, tried and convicted for an assault upon Mose Bradford with the intent to kill him, and was sentenced to the penitentiary for two years. The facts relating to the special plea interposed by the defendant and the demurrers thereto are sufficiently shown in the opinion.

Tried before the Hou. A. A. Evans. The appellant -in this case was indicted, tried and convicted for the burglary of the, store house of one John L. Thomas.

Tried before the Hon. John P. Hubbakd. The appellant in this case, Henry Banlcs, was indicted, tried and convicted for selling liquor to a minor.

Tried before the Hon. A. H. Alston. The appellant in- this case, G. A. Kuckols, was indicted, and tried and convicted for obstructing and injuring a public road. The evidence in the case showed that the road in question was a new road, established by the commissioners court of Maxtsliall county a short time before the obstruction complained of.

Tried before the Hon. John M.Loplin. The appellant in this case, P. 0. Wilson, was indicted, tried and convicted for selling, spirituous, vinous or malt liquors without a license and contrary to law. Under the provisions of the act creating the County court of Coffee county (Acts of 1900-1901, p. 861) the case was transferred to the County Court of Coffee County.

Tried, before tbe Hon. TV. C. 'Christian. Tbe indictment under which tbe appellant in this case was tried and convicted, was as follows; 1. “Tbe grand jury of said county charge that before tbe finding of tbis indictment that Cad Jones did within the county of Hale, in tbe State of Alabama, sell spirituous, vinous or malt liquors, without a license and contrary to law.” 2. “Tbe grand jury of said county further charge that before the finding of tbis indictment- that Cad…

Appeal form tlie Circuit Court of Marshall. Tried before the Hon. A. H. Alston. The appellant in this case, John Rollings, was indicted and tried for using abusive, insulting or obscene language in the presence or hearing of a woman, was convicted of the offense charged and fined fifty dollars. The facts of the case are sufficiently stated in the opinion.

■ Appeal from the Circuit Court of Clarke. Tried before the Hon.' John C. Anderson. The appellant in this case, Clarence Daris, was indicted, tried and convicted for carrying a pistol concealed about his person.' The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. cited Toulmin v. State, 2 Ala. 359; Truun v. Wittick, 27 Ala. 571; Grice v. Ferguson, 1 Stew. 36; Dominick v. State, 40 Ala. 690.

Heard, before the Hon. Osceola Kyle. Joseph Bingeman entered into a recognizance tvith B. CraAvford and John I). Wyker to appear at the fall term 1901 of the Circuit Court of Morgan County, to answer an indictment therein pending against him for embezzlement.

Heard before the Hon. F. M. Rushing. The appeal in this ease was taken by the State of Alabama from ajudgment of the Probate Judge of Coffee County, discharging the appellee, Hardy Grar ham, under habeas corpus proceedings, the said proceedings being instituted by said Graham, asking for his discharge. The facts of the case are sufficiently stated in the opinion.

Appeal. from the Circuit Court of Lowndes. Tried before the I-Ion. J. C. Bichaedson. The appellant in this case, Mose Davis, was indicted tried and convicted for murder in the first degree at the Spring term 1902 ■ of the Circuit Court of Lowndes County.

Appkal from tlie 'County Court of Bibb. Tried before tlie Hon. W. L. Pratt. The appellant in this case, John Wright, was prosecuted and tried under an affidavit made before a justice of the peace, which charged that the defendant “did enter upon tlie premises of J. N. Campbell and J. G-.

The facts in the case are sufficiently stated in the opinion. When detinue suits are dismissed or abated and the property sued for is in the hands of the plaintiff, the defendant has either the right to sue on the replevy bond or take advantage of the rights prescribed for him in section 1482 of the Code. — Ernst. Bros. v. Hogue, 86 Ala. 402; Johnson v. Montgomery Furniture Go., 107. Ala. 656.

Tried before the Hon. N. D. Denson. The State of Alabama on the relation of T. L. Clark filed its pettiion addressed to Hon. N. D. Denson, Judge of the Fifth Judicial Circuit of Alabama, asking for the issuance of a writ of mandamus directed to the appellant, J. J. Harlan as judge of probate, of Tallapoosa county, commanding him to issue to the petitioner Clark a license as a retail liquor dealer in the town of Camp Hill in said county.

Tried before the Hon. A. A. Coleman. This was a statutory action) of ejectment, brought by the appellant, the Louisville & Nashville Railroad Company, against the appellee, J. I. Massey, to recover certain minerals and mineral rights in a certain specifically described tract of land. The defendant pleaded not guilty and also set up- the statute of limitations of ten years and twenty years.

Appeal form the ‘Chancery Court of Lamar. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Elisha D. Holloway, against the Southern Building & Loan Association; and :as amended ivas a bill to compel tlie determination of claims to lands described in tlie bill and to cpiiet tlie title thereto.

Tried, before the Hon. A. D. Saykio. The action in this case was brought by the appellant, Jackson W. Giles, against the appellees, Chas. B. Teas-led, E. J. Harris and ffm.

Tried before the Hon. A. A. Coleman. This action was bornght by tlie appellant, Mrs. M. M. Sweet, against the Birmingham Railway & Electric Company, to recover damages for personal inju-juries, allegad to have been caused by the negligence of defendant’s employees. The facts of the case relating to the only question presented on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the defendant.

Heard before the Hon. W. B.-Appling. The proceedings in this case were had upon a petition filed by the appellee, Mattie McGough, by her next friend B. D. Cheatham, addressed to the judge of the Walker County Law and Equity Court, in which the petitioner averred that she and George McGough .were married about 7 years ago and lived together as husband and wife until a short time before the filing of the petition, when they voluntarily separated; that there were two children…

Tried before the Hon. John Moore. This action was brought by the appellee, W. H. Logan, against the appellant,' the Mobile & Ohio Railroad Company, to recover damages for the alleged negligent killing of plaintiff’s intestate. As originally brought the suit was by W. H. Logan as administrator of Gasper Rosanalger, deceased. The plaintiff introduced evidence, ¡showing that deceased came to his death by being struck by a moving car on the road of the defendant.

Tried before the Hon. B. C. Jones. This was an action by appellant as administratrix of the-estate of James Nash, deceased, against appellee for the alleged wrongful killing of plaintiff’s intestate at Ma.ylene, Alabama, an the 28th day of December, 1900. There were several counts in tire complaint, same charging the death as due to defendant’s negligence, and others to wantonness or willful wrong on the part of defendant’s employes.

Tried before the Hon. William W. Wilkerson. This action ivas brought by the appellee, Claiborne Lee, against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of plaintiffs horse. The suit was instituted in a justice of the peace court and was carried by appeal to the city court of Birmingham.

Tried before the lion. Pioxton Nokvbll. This action was brought by the appellant, Richard M. Ellis, against the appellee, E. W. Miller, as treasurer of the county of Walker, and tbe sureties on bis official bond. Tbe purpose of tbe suit is sufficiently stated in tbe opinion.

Heard before the Hon. John C. Carmichael. The proceedings in this case were bad upon a petition filed in the chancery court of Walker county by the ap-pellee, May E. Peai'ce, in which she averred that she and the respondent, J. Gus Pearce, were married in 1898, and lived together as husband and wife until June, 1900; that a child was. born to them, who, at the itme of the filing of the petition, was about 2 years old; that in June, 1900, on account of the wrngful acts…

•Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. James A. Shelton, as the administrator of Edward II. Shelton-, brought this suit against the Southern Railway Company on the 20th day of September, 1900, claiming $50,000 damages for the killing of plaintiff’s intestate, who was not-an employe of the defendant company. Shelton was run oyer and killed on the night of the 23d of January, 1900, at about 7 o’clock.

Tried before the Hon. Osceola Kyle. The plaintiff, J. J. Curtis, commenced his suit by summons and complaint against The Alabama Vineyard & Winery Company, a corporation, and in aid of Ills suit had a garnishment issued and served on Parker & Co., bankers, for the purpose of subjecting certain funds deposited with garnishee alleged to be the property of the defendant.

Heard before the Hon. A. D. Sayre. The proceedings in this case were had upon a petition filed by the appellant, Jackson W. Giles, in which he asked for a writ of mandamus to be issued directed to the appellees, Chas. B. Teasley, E. J. Harris and Wm. A. Gunter, Jr., the board of registrars of Montgomery county, commanding them to register the petitioner as a qualified elector of the State of Alabama.

Heard before the Hon. Thos. H. Smith. The appeal in this case is prosecuted from a decree rendered by the chancellor upon a petition filed by the appellee, John E. Hecker, as register in chancery of Ma-rengo county, in which he prayed the chancellor to decree that the appellants be required to pay such portion of the costs in said suit that was then pending in the chancery court which were incurred at their instance.

Tried before the Hon. Charles A. Sbnn. This action was brought by the appellee, Thomas E. Powell, against the Birmingham Southern Railway Co.,, and sought to recover $15,000 damages for personal injuries alleged to have been sustained by the plaintiff, by reason of the negligence of the defendant or its employes. The pleadings in the case and the facts necessary to-an understanding of the decision on the present appeal,, are sufficiently stated in the opinion.

Tried before the I-Ion. William S. Anderson. James T. Gaynor was run over and killed by one of the cars on the Louisville & Nashville Railroad Company at a crossing of a public street in the city of Mobile. This suit was. brought by the appellant, Agnes Nellie Gaynor, as administratrix of the estate of James T. Gaynor, deceased, against the Louisville & Nashville Railroad Company, to recover damages for the killing of the plaintiff’s intestate.

Tried before the Hon. B. 0. Jones. This Avas an action of detinue brought by the appellee, Mrs. Mattie Scott, against the appellant, M. E. Drake, to recoA'er certain specifically described property. The cause Avas tried on the plea of the general issue.

Tried before the Hon. 'B. C. Jones. This action ivas instituted by T. R. Cunningham against J. W. Barden, find sought to recover damages for the wrongful taking of one mule, one wagon and a set of harness. The defendant [headed the general issue, and also a special plea justifying the taking under a mortgage lie held upon the property, on which defendant claimed there ivas a balance due when the property was taken. On these pleas issue was taken.

Heard before the Hon. Price Williams, Jr. One Joseph Rabby, an inhabitant of Mobile county, died August 1, 1895, intestate. On September 11, 1895, letters of administration were issued to the appellee, R. M. Sands, appointing him administrator of the estate of Joseph Rabby, deceased. At the time of his death, Joseph Rabby owned a homestead, which was less than 160 acres of land of value less than $2,000.

John C. Carmichael. The bill in this case was filed by the appellant, Silas C. Force, against the Age-IIerald Company, the Herald Company, corporations organized under the State of Alabama, and J. F. B. Jackson, Frank P. O’Brien, W. A. Walker, W. P. Pinckard, J. J. Altman, and Fred Schloss.

Tried before the Hon. Chas. A. Senn. This was an action brought by the appelle, A. B. Jackson, against the Birmingham Railway & Electric Company, in which plaintiff claims $20,000.00 damages for personal injuries. The complaint contained three counts.

Tried before the ITon. Thos. W. Coleman, Jr. The appeal in this case is from a judgment of the trial court sustaining demurrers interposed by the defendant to the plaintiff’s complaint. ' The action was brought by the appellant, A. L. Fulen-wider, against the appellees, to recover damages for the alleged breach of .a contract entered into between the plaintiff and the defendant. The complaint originally filed contained four counts.

Tried before the Hon. N. D. Denson. This action was brought by Randolph County against the appellant, T. B. Griffin, and the sureties on a bond given by him for the hire of county convicts.

Tried before the lion. JOHN H. Bisque. This was a common law action of ejectment by John Doe on the demise of Tennessee & Coosa Railroad Company, Anna J. Henderson, et al. against T. C. Callo-way, et al. Exhibits A and B to the bill of exceptions, referred to in the opinion, were maps certified to by the Acting Commissioner of the General Land Office, on which the land in controversy was shown: the one being “Map of the Tennessee &' Coosa Railroad, drawn by Joseph R.…

Tried before Hon. N. D. Henson. Action fry appellees against appellant on a promissory note. The court, at plaintiff’s request, charged the jury that “Authority to an agent to collect a debt does not give him authority to promise to do* an unlawful thing.'” Other facts are shown by the opinion. From a judgment for the plaintiffs defendant appeals.

Tried before the Hon. B. C. Jones. This action was instituted in the city court of Bessemer on April 20, 1901, by the appellee, Mary F. Batson, administratrix of the estate of Dennis W. Batson, deceased, against the appellant, the Fidelity Mutual Life Ins. Co.; and soug'lit to recover the sum of $1,000 and interest upon a policy of life insurance issued by said defendant insurance company on October 20, 1900, on the life of Dennis W. Batson, who died on February 10, 1901.

Tried before the Hon. A. A. Coleman. This action was brought by the appellee, J. H. JRe-ville, against the appellant, Birmingham Traction Company, to recover fifteen thousand dollars ($15,000) damages for personal injuries sustained by plaintiff while in the employ of the defendant.

Tried before the ITon. James A. Bilbuo. ' This action ivas brought by appellee, J. H. E. Guest, as the administrator of the estate of William Dean, deceased, to recover damages for tbe killing of tbe plaintiff’s intestate by cars operated on tbe defendant’s road. Tbe facts of tbe case are sufficiently set out in tbe opinion.

Heard before the Hon. J. R. Dowdell. The bill in this case wasm bill of review, filed by the appellants, some of whom were devisees and others heirs at. law of deceased devisees, under the last will and testament of Edward Gantt, deceased, to review, reverse and annul a decree of the chancery court rendered March 2, 1895, on the settlement of the accounts of H. P. Heflin as administrator of John T. Heflin, deceased, of the administration of said John T. Heflin, deceased, as…

Tried before the Hon. A. II. Alston. This was a suit brought by the appellee, W. T. Robertson, against the appellant, the Fidelity & Deposit Company of Maryland, to recover of the defendant as surely for the breach of a certain bond executed by Adams, Wright & Gossett and the defendant to Robertson on May 5, 1897.

Tried before the Hon. Ed. B. Almon. The appellants, Joseph II. Held: liable in this case.— Teague v. LcGrand, 85 Ala.. 493. Under the statutes in this suit governing garnishments against the subscribers to the capital stock in a corporation, the plaintiff was entitled, to judgment against the garnishee.— Code, §§ 2182, 1142, 1254.

Tried before the ITon. John Pelham. This was an action brought by the appellee against the appellant, to recover damages for the alleged wrongful ejection of the plaintiff from one of the defendants cars by a servant of the defendant and for assaults made upon the plaintiff by the defendant’s servant in ejecting him from said car. From a judgment in favor of the plaintiff the defendant appeals.

Tried before the Hon. Osceola Kyle. This action was brought by the appellant, Julia V. Anderson, as executrix of the estate of W. P. Anderson, deceased, against the appellee, W. L. Winton; and Avas originally commenced in a justice of the peace court. The cause of action and complaint are sufficiently shown in the opinion.

• ‘ Tried before tbe Hon. Osceola Kyle. This was a statutory real action in the nature of ejectment for the recovery of a certain house and lot in the city of Birmingham, and was brought by the appellee, ■Walter S. Jlobinsón, against the appellants,' Margaret Allison and others. The defendants pleaded the general issue and 'by special pleas set up adverse possession of ten and twenty years.

Tried, before the Hon. A. D. Sayre. The appellee, I. Levystein, recovered a judgment against J. E. Jones, and thereupon sued out a writ of garnishment which was served upon the appellants, J. P. O’Connor & Co. The proceedings in the present case, as shown on appeal, were had upon the contest of a claim of exemptions interposed by the defendant, which contest was instituted in a justice of the peace court From .a judgment in said court an appeal was taken to the city court.

AppEAii frbm the Chancery Court of Talladega; Heard before the Hon.IliciiAiU) B. Kelly.

Tried before the Hon. S. H. Sprott. This action was brought by the appellee; J. P. Clark, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligent burning by the defendant of 114 bales of cotton alleged to be the property of the plaintiff and located at the time of the fire on the premises of the Planters’ Warehouse & Commission Company in the town of Eutaw.

Tried before the Hou. Gordon Macdonald, ' Special Judge. This was a statutory real action in the nature of ejectment, brought by the appellants as children and heirs of W. W. Wilkinson, deceased, against the appellee, Lehman-Durr Co., to recover certain lands specifically described in the complaint. The land was originally owned by W. W. Wilkinson, the ancestor of the plaintiffs.

Court of Jefferson! Tried.1 before the Hon. A. A. Coleman. This was an action brought by the appellee against’ the appellant. The facts of the case are sufficiently stated'in the opinion. ” ... The.appeal is from a judgment of the trial court overruling'a motion for a new trial.’ The'appellant assigns this judgment as error, and also assigns as error the rulings of the court upon the admission and rejection q’f evidence on the trial of the case.

Tried before tb.e Hon. A. I). Sayre. The appellant, the Peck-Hammond Company, brought the present action against the appellee, F. P. Heifner, to recover $246.32, as damages for the breach of a contract entered into by and between the plaintiff and the defendant by which the plaintiff was to furnish and put in place for the defendant a warm air heating apparatus. The defendant pleaded the general issue and a special plea.

Tried before tbe Hon. W. W. Wilkerson. Tliis action was brought by the appellee, William Wrenn, against the Alabama Steel & Wire Company, to recover damages for personal injuries sustained by the plaintiff while in the employment of the defendant.

Appear from the Chancery Court of Franklin. Heard before the Hon. Wilijam H. Simpson. The bill in this case was filed by the appellee, Eugene C. Gordon, against A. G. Smith, receiver of the Lady Ensley Goal, Iron & Railway Company, and others. 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. William H. Simpson. The bill in this case was filed by the appellant, Eliza 0. I-Iarraway, against the appellees. The purpose of tfye bill and the facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause upon pleadings and proof, the chancellor decreed that- the complainant was not entitled to the relief prayer for and ordered the bill dismissed.

Appear from the Circuit Court of Henry. Tried before Hon. John P. Hubbard. This was an action by Emma T. Behrman against the Chattahoochee & Gulf Railroad Company for damages to plaintiff’s lot caused by the erection of an embankment in the construction of defendant’s railroad.

Tried before the Hon. J. A. Bilbro. ■This was an action of trover brought by the appellee, Thomas L. Farrow, against the appellant, L. S. Emmett, to recover damages for the alleged conversion of personal property. From a judgment in favor of the plaintiff the defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved. Under the decision on the present appeal it is unnecessary to set out the facts of the case in detail.

Heard before the Hon. William W. Wilkerson. The. bill in this case was hied by the appellant, E. J. Oden, against the appellee, J. L. Lockwood.

Court of Bullock. Tried before the Hon. A. A. Evans. This action was brought by the appellee, S. J. CUd-well, as the administrator of the estate of G. M. Hanson, against the appellant, J. L. Thomas. The appeal is from a judgment in favor of the plaintiff.

Tried, before the Hon: A. A. Coleman; This action was brought by the appellant, Hubert A. Burns, against the Louisville & Nashville liailroad Company, to recover damages for personal injuries alleged, to have been sustained by the plaintiff by reason of the negligence of the defendants employes.

Tried before the Hon. Chakhes A. Senn. The facts of the case are sufficiently stated in the opinion. Appellee, after said amendment was made striking out all parties defendant except one, and having consented to a continuance of the cause until the next term of the court, waived the right to move to discontinue said cause because of said amendment. — McOonnel v. Worns_, 102 Ala. 687.

Heaul before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellee, the ■Wood-Dickerson Supply Company, against the appellants, Louis Cocciola and Jennie E. Cocciola.

Tried before the Hon. John P. Hubbard. This was an action to recover damages for false imprisonment brought by the appellee against the appellant. On the trial of the case the plaintiff introduced in evidence the affidavit and warrant which were signed and issued under the circumstances as stated in the opinion.

Heard before the Hon. William H. Simpson. The original bill in this case whs filed by the appellant, Susan P. Bickley, against Elbert L. Bickley and Clarence T. Bickley. The purpose of the bill was to have alimony granted the complainant upon the ground of the voluntary abandonment of her by her husband, Elbert L. Bick-ley.

Tried before the TIon. William L. Parks. The hill in this case was filed by the appellants as heirs at law of one Fancy L. Whittle, against the appellee, Mary E. Bush.

Tried before the Hon. Osceola Kyle. This was an action by appellee against appellants on a promissory note for $250 payable to Anna King.

Tried before the Hon. J. C. Richardson. Action by Bluthenthal & Bickert against R. S. Mc-Whorter on a promissory note executed by defendant.

Tried before the Hon. H. C. 'Speaice. This was an action brought by the appellee, A. J. Crenshaw, as the administrator of the estate of Caroline Turner, deceased, against the Southern Railway Company to recover $1,999 as damages for the killing of the plaintiff’s intestate by one of the trains of the defendant. The complaint as amended contained seven' counts, but the sixth count was subsequently withdrawn by the plain tiff.

Heai-d before the Hon. A. D. Sayre. Kate Bethea and others filed a bill in equity for a sale for partition of certain property in the city of Montgomery. At the sale the property wasi purchased by one of the defendants to the bill, Henry Bethea, for $9,500.

Appeal, from the City Court of Birmingham. Tried before the Hon. W. W. 'Wilkerson. This action was brought by the appellee, Francis M. Partridge, against the appellant, the Central of Georgia Bailway Company, seeking to recover $20,000 damages for personal injuries alleged to have been caused by the negligence of the defendant or its employes. The complaint contained six counts.

Tried before the Hon. John W. Mabry. • This action was brought by the appellant against the appellee. The complaint as amended contained two counts, which were substantially the same with the exception that 2d count was fuller and entered more into detail as to the averments of the contract alleged to have been-breached by the defendant.

Heard, before the Ron. Ed. Noach. The proceedings in this case were instituted in the probate court of Geneva county by the appellee, B. T. Pate, against the appellant, George- W. Black, for the purpose of contesting the election of Black to the office of sheriff of Geneva county. The election was held on August 6, 1900.

Tried before the Hon. J. C. Richardson. This action was brought by the appellant, the Dow Wire Works 'Company, a non-resident, against the appel-lee, as executrix of W- E. Englehardt, deceased. W. L. Martin became a surety of the plaintiff for costs. In the rendition of judgment by the circuit court in favor of the defendant, the court also rendered judgment for costs against the said Martin, surety for the plaintiff.

Tried before tbe Hon. A. A. Coleman. This was an action brought by tbe appellee, Daniel Coleman, against tbe appellant, tbe Bullock-McCall-McDonneJl Electric Company, to recover tbe amount el-leged to be due the plaintiff by tbe defendant for tbe rent of premises under a lease contract. Tbe facts of tbe case are sufficiently stated in tbe opinion.

Tried before the Hon. John Pelham. The appellee, G. G. Frank, instituted a suit in a justice of the peace court against one A. L. Bandolph and sued out an ancilliary writ of garnishment, which was served upon the Southern Bailway Co. Subsequent to the institution of said suit, the defendant Bandolph filed a claim of exemptions for the amount due him as wages from the garnishee, the Southern.

Heard before the Hon. William H. Simpson. ' The hill in this case was filed by B. L. Gilliam, against B. D. Noble, and his wife, B. E. Noble, alleging that B. D. Noble, on the 7th day of November, 1896, became indebted to complainant in the sum of eighty-three and 65-100 dollars, due on the 25th of December of that year, by promissory note executed by said Noble for that sum. The note is attached as an exhibit to the bill and purports to be payable one day after.date.

Tried before tlie Hon. M. N. Manning. J. C. Street, the appellee, filed an affidavit with the clerk of tlie county court of Olay county, claiming a lien for advances and rent as landlord in tlie sum of $500 against the crop of one Banner, his tenant.

Tried before tbe Hon. G. K. Millee. Tbe appellant, Oklahoma Vinegar Company, brought an action of assunrpist against tbe appellee, F. H. Kaupp in a justice of the peace court. The defendant filed in said court a plea averring that he did not, owe tbe plaintiff tbe amount sued for, bat was due him tbe sum of |11.20, and in said plea tendered to tbe sheriff said amount, together with tbe court costs. The amount of the tender together with tbe costs was paid into court.

Tried before the Hon. Osceola Kyle. This was a statutory action in the nature of ejectment brought by T. T. Ashford and others against A. E. Ash-ford and others. The defendants pleaded the general issue and adverse possession. All the parties claimed title from om; Thomas Ashford who at the time of his death owned the land sued for. T. T. Ashford was the grandson and the other plaintiffs were great-grandchildren of Thomas Ashford.

Heard before the Hon. A. D. Sayiie. On March 22, 1900, Julia 0. Wilson filed tine original bill in this ease to compel the determination of claims to real estate described in the bill, and to quiet title thereto as provided for under the statute, (Code, §§ 809-813).

Tried before the Hon. William S. Anderson. This action was brought by the appellee, Adam Glass, against the appellants; and- counted upon several promissory notes, which were given to the plaintiff for the rent of a certain building owned by the plaintiff.

Appeal, from the; Chancery Court of Jackson. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee, J. F. Washington, as the administrator of the1 estate of William Washington, deceased, who was surety on the administrator’s bond, against the appellant, S. W. Nor-wood; seeking to comped from the defendant a contribution as to an amount which said complainant had paid out of the estate of his intestate by reason of such surety-ship.

Tried before, the. Hon. Oscicola Kyle. This was an action by appellant against appellee on a fire insurance policy, in Code form.