Volume 138 — Alabama Reports

Tried before the 'Hon. T. L. Borom. The appellant in this case, Will Russ, was convicted for gaming on Sunday. The facts of the case, necessary to the understanding of the decision on the present appeal are sufficiently stated in the opinion. A wrongful act and a wrongful intent must concur to constitute a crime.' — White v. State, 44 Ala. 409; Rosebury v. State, 50 Ala. 160; Gordon v. State, 52 Ala. 808; A dler v. State, 55 Ala. 16; Denis v. State, 68 Ala. 58.

Tried before the Hon. A. H. Alston. The appellant in this case, John Sherrill, was indicted for the murder of Bob King, was convicted of murder in the second degree, and sentenced to the penitentiary for twenty years. .

Tried before the 'Hon. O. J. Semmios. The appellant in this case, Gilbert B. Jarvis, was inflicted, and tried for the murder of I-Iarry Reardy, and Avas convicted of murder in the second degree and sentenced to the penitentiary for thirty-five years. During the impannelling of the jury for the trial of the defendant, one J. L. Fincher, Avho had been regularly summoned as one of the jurors in said case, Avas examined upon his voir dire as to his qualifications as a juror.

Tried before the 1-Ion. Samuel E. Greene. The appellant in this, case, Leonard Thayer, was indicted for murder of Mike Sullivan, was convicted of murder in the second degree and sentenced to 12 years imprisonment in the penitentiary. On September 5, 1902, the defendant was arraigned, and September 17, 1902, was set for his trial, Subsequently several other days were set for trial of the defendant, and the trial of the case was finally entered upon on. December 2, 1902.

Tried before tlie Hon. William H. Thomas. The appellant in this ease, Dick Elmore, ivas indicted, tried and convicted for obtaining money under false pretense. The facts, of the case are sufficiently stated in the opinion.

Appkai, from City Court of Selma. Tried before the ITon. J. W. Mabry. The appellant in this case, Cicero Webb) was indicted and tried for the murder of Emma Webb, and was convicted of murder in first degree and sentenced to be hung. It was shown that the deceased, Emma Webb, Aims the AAife of the defendant, and that she Avas killed at night about 9 o’clock.

Tried before tlie Hon. John Moore. The appellant in this case, Carrie Collins, was jointly indicted with her husband, Ben Collins, and Randolph Flanagan and Will Sample, for the murder of J. H. Winningham; and upon a severance the appellant was coinicted of murder in the first degree and sentenced to the penitentiary for life.

Tried before the Hon. T. L. Boeom. The prosecution, in the present case against appellant, Budd McQueen, was commenced by affidavit made by M. J. Owens, before a notary public and ex-officio justice of the peace: “Personally appeared before me, L. Reeves,N. P. and ex-officio J. P., in and for said county, M. J. Owen, who being duly sworn, says, on oath, that he has probable cause for believing and does believe thát, in Pike county, within twelve months before making this…

Heard before the Hon. A. 1). Sayre. Tlie appeal in tliis case is prosecuted by tbe State of Alabama from an order of tbe judge of tbe city court of Montgomery discharging tbe appellee, Andrew Sistrnnk from custody on habeas corpus proceedings.

Tried before the Hon. Wm. H. Ti-iomas. The appellant, Judge Wright, was indicted, tried and convicted in two cases under tivo separate indictments, for forgery, from which said judgment of conviction he prosecutes the present appeal. The facts in the case are sufficiently shown in the opinion. It was competent for the State to prove that defendant had in his possession about the time of the forgery, other forged instruments.

Tried before tlie Hon. A. I-I. Alston. The appellant in this case, George Stevens, was indicted and tried' for the murder of Jodie Weston by shooting him with a pistol, was convicted of murder in the second degree and sentenced to tlie penitentiary for forty years.

Heard before the Hon. A. I). Sayre. Appeal from City Court of Montgomery. Heard before the Hon. W. H. Thomas. The appellant in this ca.se, Charles Seelye, prosecutes two appeals to this court; one from the order of the judge of the city court, denying his discharge on habeas corpus proceedings, and the other from judgment of conviction under indictment for assault and battery.

Heard before tlie Hon. J. W. Mabry. Tliis was an appeal from tlie order of tlie judge of tlie city court of íáelma, discharging the appellee, C. M. Shugart, from custody ou habeas corpus proceedings. The petition for the habeas corpus was filed by said Shugart, who had been arrested on an affidavit made before a justice of the peace, and a warrant issued thereon.

Tried before the Hon. Thomas W. Coleman, Jr. The appellant in this case was indicted under the name of William E. Beal for the forgery in the execution of a mortgage, was convicted and sentenced to the penitentiary for two years. In the indictment, the document alleged to have been forged was set out in full.

Tried before the 1-Ion. William H. Thomas. The appellant in this case was indicted, tried and con-, victed of grand larceny.

Tried before the Hon.- John P. Hubbard. Tlie proceedings in this case were had under the back tax commission law, whereby it ivas sought to subject to taxation the leasehold estate of appellant in 9,138 acres of land; the timber on said land having been leased by the appellant for turpentine purposes, and the proceeding originated in the commissioner’s court of Covington county, and the cause being decided adversely to the State, an appeal was taken to the circuit court…

-Probate Judge of Coffee County. Heard before the Hon. F. M. Rushing. The proceedings in this case were had upon a petition filed by the appellee, Henry Smith, addressed to the Probate Judge of Coffee county, asking for a writ of habeas corpus, and that he be discharged, it being averred in the petition that he was in custody under a mittimus, issued by a justice of the peace on a preliminary hearing upon an affidavit, charging the petitioner with grand larceny.

Hoard before the Hon. A. D. Sayre. The appeal in this case is prosecuted from a judgment of the city court of Montgomery sustaining demurrers interposed to a petition filed in the name of the State of Alabama on the relation of Elijah L. Higdon against Wm. I). Jelks as Governor, etc., and quashing the rule nisi and dismissing the petition. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. Osceola Kyle. This was a statutory action of ejectment, brought hy the appellees against the appellant, W. M. Woodruff, to recover certain lands specifically described in the complaint. Tlie .plaintiffs relied for recovery upon a deed executed hy their ancestor, John McVay, and his wife, Nancy McVay, to Lancaster C. McVay, their son, which was executed on June 2, 1837.

Heard before the Hon. B. C. Jones. The bill in this case was filed by the appellees, the city of Bessemer, the Mayor and Board of Aldermen of the city of Bessemer, and the individuals constituting the said Board of Mayor and Aldermen, against appellants, and prayed to have some of the defendants enjoined from exercising the functions of the office of Police Commissioner, and some of the other defendants from acting as Policemen, under their appointment by the police…

Tried before the Hon. John C. Carmichael. The hill in this case was filed by the appellee, William Baird, against the appellant, Allen P. Howison, and W. L. Clark and the Export Coal & Railway Company; it was averred in the hill that Allen P. Howison being the owner of certain specifically described land, executed to the complainant and the defendant W. L. Clark a lease to mine coal upon the said described land for a period of ten years from August 25th, 1898; that the…

Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellees against the appellants. The averments of the bill as originally filed are set forth at length in the report of the case on its former appeal, as found in 181 Alabama, 117, and special reference is here made to the report therein contained. Upon tlie remanding of the case the bill was amended in two'parts. These amendments are sufficiently shown in the opinion.

Tried before the Hon. John C. Anderson. This was a statutory action of detinue brought by the appellant, J. S. Kyalh against the appellee, William Smith, to recover possession of a yearling or calf.

Heard before the Hon. Ti-iomas W. Coleman, Jr. The bill in this case was filed by the appellants, P. A. I-Iowle and W. C. Scarbrough, as stockholders and ■directors of the Anniston Mercantile Company, a corporation, organized under the laws of Alabama, against appellee, AT. A. Scarbrough.

Tried before the- Hon. J. C. Richardson. The appellee, G. W. Solomon, instituted a suit before a justice of the peace, against the Louisville & Nashville Railroad, to recover damages for killing a steer. The justice of the peace rendered judgment by default against the defendant.

Heard before the Hon. G. K. Miller. The bill in this case was filed on October 3d, 1902, by the appellee, George Butler against appellants, John IT.

Tried before the I-Ion. B. C. Jones. This action was brought by the appellee, W. H. Brannen, against the appellant, Bessemer Ice Delivery Company. ■ As stated in the opinion, the cause was commenced in a justice of the peace court, wherein it was sought to recover an amount due upon an account; subsequently, in the justice of the peace court an amended complaint was filed, wherein the plaintiff claimed the price of a mare that was sold by plaintiff to defendant.

Heard, before the Hon. William H. Simpson. The bill in this case was filed by the appellant, William 1). Bisk,' a resident tax payer of Jackson county, against the appellees, as members constituting the court of county commissioners of Jackson county.

Tried before the Hon. John C. Anderson. This was a statutory action of detinue, brought by the appellant, J. C. Stewart, against the appellee, E. J. Gnv, to recover the possession of a horse.

Tried before the I-Iob. J. C. Richardson. Tliis was a statutory action of detinue brought by the appellant against the appellee to recover possession of a piano.

• Tried before the Hon. John P. Hubbard. The proceedings in this case were had upon a petition filed by the appellants, addressed to the judge of the circuit court, in which they prayed for a mandamus to be issued to the judge of probate of Henry county, and the persons composing the court of county commissioners of said county, commanding them to vacate, annul and set aside an order rendered by them establishing a certain stock law district in said county.

Heard before the Hon. James W. Lapsley. The bill in this case was filed by the appellees, Blackwell & Keith, a partnership, composed of D. C. Blackwell and Lucien Keith, and D. C. Blackwell, individually, against the appellant, James B. Draper. The purpose of the bill and the facts averred therein are sufficiently stated in the opinion.

„ Heard, before the Hon. W. L. Parks. The facts in the case are’sufficiently stated in the opinion.

Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellee, W. H. Mills, against the appellants, praying for the foreclosure of a mortgage, and also that the complainant be subrogated to the rights of other mortgages whose debts he had paid.

Heard before the Hon. William H. Simpson. The bill in this case was filed, by the appellees, J. Frank Raynes and John W. Hodge, engaged in the mercantile business as partners under the partnership name of Raynes & Hodge, against Frank M. Kirby and his wife, Lizzie Kirby, and Charles Webb and Thos. E. Morgan.

Tried, before the Hon. Thomas W. Coleman, Jr. A prosecution urns commenced against the appellant, Hugh Jones, by his being arrested and brought before the recorder of the city of Anniston for carrying a pistol concealed about his person, in violation of an ordinance of said city. Upon his being tried and convicted by the recorder, an appeal was taken by the defendant to the city court of Anniston.

Tried before the Hon. J. C. Richardson. This was an action brought by appellants against the appellee to recover upon two fire insurance policies. The complaint contained two counts. In the first count the plaintiff claimed $2,000.00 due as the value of stock of merchandise which was destroyed by fire, and which was insured against loss by a policy issued ou May 7th, 1900. The second count sought to recover $1,500.00 on a policy of insurance issued May 9th, 1900.

Tried before the Hon. J. A. Bilbko. This was a statutory trial of the right of property which was instituted by the appellees interposing a claim to certain monies which a garnishee answered that it had in its hands, in response to a garnishment issued against it in a suit brought by the appellants against Barron & Russell.

Tried before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellants against the appellees. The prayer of the bill and the facts relating to the amendments thereof and to the sworn denials of the answer, are sufficiently stated in the opinion.

Tried before the Hon. B. C. Jones. This action was brought by the appellant, W. T. Kennedy, against the Birmingham Railway, Light & Power Company, to recover damages for the alleged wrongful ejection of the plaintiff from one of tbe cars operated by the defendant.

AppeaIj from the Circuit Court of Henry. Tried before the Hon. John P. Hubbakd. The action in this case was brought by the appellants, Cliff Foy & Brother, a partnership, against the appellees, W. J. Dawkins and W. J. Wood, to recover $90.00 for the breach of a contract.

Tried before the Hon. William W. Wilkerson. This was an action brought by the appellee, E. W. Wood, against the appellant, Preston Rider, to recover damages for the breach of a contract. - The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. Charles A. Sisnn. This was an action brought bv- the appellee, S. A. Young, against the Western Union Telegraph Company to recover damages alleged to have been suffered by the plaintiff by reason of the alleged negligent failure of the defendant to transmit and deliver a telegraphic dispatch sent' or forwarded the plaintiff by his agent, F. M. Drennen, announcing the serious illness of the plaintifPs father.

Heard before tbe Hon. John H. Disque. Tbe bill in this case was filed by tbe appellant, Mrs. E. F. Shahan, against tbe appellee, Mrs. N. M. F. Alex- - ander, to compel tbe determination of claims to certain-lands specifically described in tbe bill of complaint, and to quiet tbe title to tbe same. Tbe facts of tbe case necessary to an understanding of tbe decision on tbe present appeal, are sufficiently stated in tbe opinion.

Tried before the Hon. Ed. B. Almon. This action was brought by the appellee, Joseph H. Bunnell, against the Southern Railway Company. The complaint as amended contained two counts.

Heard before the Hon. John Moobe. The appellant in this case, William Sample, filed an application for habeas corpus, addressed'to the Judge of the Fourth Judicial Circuit of the State of Alabama, holding court in the county of Hale, by which the petitioner averred that he was, at the time, in custody under an indictment for murder in the first degree, and prayed that a writ of habeas corpus be issued and that he be discharged from such custody, on the ground that he had…

Heard before-the Hon. William H. -Thomas, These two cases were tried together in the City Court of Montgomery, and on appeal from a judgment rendered in said court, they are submitted together.

Tried before tbe Hon. J. A. Bilbro. This action, which was originally commenced in a justice of the peace court, was brought by the appellees, Earnest W. and John E, Jordan, doing business under the firm name of Wooley & Jordan, against the appellant, Thomas L. Farrow. From a judgment in favor of the plaintiffs in the justice of the peace court, the defendant appealed to the circuit court.

Heard before the Hon. A. D. Sayre. On the 13th day of October, 1900, Mrs. M. M. Tyson died leaving her property by will in equal proportions to her children, Virginia Norwood, S. L. Tyson, John R. Tyson as trustee for liis children, and Silas Tyson as trustee for his children. John R. Tyson, Silas Tyson, S. L. Tyson and Joseph Norwood were appointed and qualified as executors.

Heard before the Hon. William H. Simpson. This cause is before this court upon an appeal from a decree overruling demurrers filed, in the court below in behalf of W. F. Struve, Jr., and O. A. Smith, respondents.

Heard before the Hon. A. D. Sayre. This was quo u-arranto proceeding, instituted for the purpose of dissolving a municipal corporation known as West End, which was located… Held: at which election a majority of the votes cast were for incorporation. That the inspectors of said election certified the result thereof to said judge of probate and he thereupon made an order of record incorporating said toAvn of West End, which order is hereby referred to and made a part hereof.

Abpkal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, Ladora T. Blackburn, against the appellees, Frank T. Perkins, David Blackburn and John E. Hooper; arid sought the correction in a deed executed by Frank T. Perkins to the complainant of the description of land intended to be conveyed thereby.

Tried before the I-Ion. Wm. S. Anderson. • This was an action brought by the appellant, Amelia Frohlichstein, against Bichard B. Jordan and the sure-, ties on the official bond of said Jordan as justice of the peace in and for the county of Mobile, to recover damages for the alleged breach of said official bond. The complaint as amended contained two counts.

' Tried before the Hon. William S. Anderson. The appellee, the Gilbert Manufacturing Company, recovered against the appellant, John Philip Emrich, a judgment in the Mobile circuit court for $373.50 and costs, on June 21,1898. On June 28th, 1898, a certificate of the judgment ivas filed and registered in the office of the judge of probate of said county, in accordance with section 1920 of the Code of 1896.

Tried before the Hon. Chas. A. Senn. This action was brought by the appellant, Rumsey & Company, Limited, a corporation, against tlie City of Bessemer, to recover the price or value of a fire engine and hose, alleged to have been sold by the plaintiff to the defendant.

Tried before the Hon. William S. Anderson. This was a statutory action of detinue, brought by tbe appellant, W. A. Bamsey, against Mollie V. Smith, to recover the possession of two pianos. The basis of the plaintiff’s claim and the defense set up by the special pleas and the facts of the case are sufficiently shown in the opinion.

Tried before the Hon. A. A. Coleman. This action was brought by the appellant, Herman Scholze, against the appellee, the Sloss-Sheffield Steel & Iron Company, to recover damages for injuries to the person and property of the plaintiff. The plaintiff was riding in a buggy along.First Avenue of the City of Birmingham.; the railroad track of the defendant crossed First Avenue between the city of Birmingham and Avondale.

Appeal- from the Circuit Court of Colbert. Tried before the Hon. Ed. B. Almon. This was a garnishment proceeding. The appeal is prosecuted by Jefferson County Savings Bank from a judgment rendered by the circuit court against it upon its oral answer as garnishee. The facts and rulings of the court are sufficiently stated in the opinion.

Tried before the Hon, William S. Anderson. This action was brought by the appellee against the appellant. Thompson & Bailey Foundry & Machine Works entered into a contract with the plaintiff to make certain repairs upon the boiler of the steamship Hábil, within a specified time and executed bond with the defendant as surety, in the sum of $2,000, for the faithful performance of said contract.

Tided before the Hon. E. B. Almon. This action was brought by the appellant, Joseph Nichols, against Ed. Basch to recover damages for the alleged breach of. a contract. As originally filed the complaint contained two counts.

Tried before the Hon. William S. Anderson. This action was brought by the appellee, Sullivan Timber Company, against the appellant, the Louisville & Nashville Railroad Company, to recover damages for destruction by fire of plaintiff’s property which was alleged to have been caused by reason of the negligence of the defendant-. The plaintiff claimed $25,000.

Tried before the 1-Ion. A. TI. Alston. This was an action of unlawful detainer, brought by the appellee, Mary E. Collins, against the appellant, G. W. Hardin, to recover the posession of certain lands described in the complaint. As stated in the opinion, the cause was removed on the defendant’s petition into the circuit court for the trial of title to the land involved in the suit, as provided by statute.

Tried before the ITon. Charles A. Sbnn. The facts of the case are sufficiently stated in the opinion. The demurrers to the petition should have been overruled. — Independent Publishing Go. v. American Press Asso., 102 Ala. 475. If the defendant appeared at the jury trial, he waived all irregularities. — Sam-ply r. Beavers, 25 Ala. 534; Thompson v. Lea, 28 Ala. 454; Gager t. Gordon, 29 Ala. 344; Thompson.v. Glop-ton, 31 Ala. 648.

Tried before the Hon. Peyton Norveil. This was a prosecution, commenced iri the Mayor’s court of the town of Oakman, against the appellee, Bill Norris, on a charge of “Sunday Violation.” In the Walker County Law and Equity Court there was a complaint filed by the solicitor in the name of the town of Oakman, against Bill Norris, which was in words and figures as follows: “The town of Oak-man charges that within 12 months that Bill Norris did sell, give away, furnish or caused…

Tried before the Hon. John C. Anderson, The proceedings in this case were had upon the contest of a claim of homestead exemptions. The suit was instituted by the issuance of an attachment at the instance of the 1). R. Dunlap Mercantile Company against the firm of Bailey & Remley, of which firm J. R. Bailey, the appellant,' was a member.

Tried before the Hon. T. J. Burton. This was an action brought by the appellees against the appellants. The complaint contained two counts. In the first count the plaintiff sought to recover $419.-64, due on a promissory note, executed by the defendants to the plaintiffs, together with attorney’s fees.

Heard before the Hon. Richard B. Kelly. The bill in this casé was filed by the appellants, Hooper & Nolen, against the appellee, P. F. Birchfield.

Heard before the Hon. John C. Carmioi-iael. The proceedings in this case were had upon a petition filed by the appellant, P. C. Walker, in which he sought to intervene in a suit pending in the Chancery Court of Jefferson county, and prayed that he should be declared, by a decree of said court,, to be a creditor and stockholder of the National Guaranty, Loan & Trust Company, Avhich was a corporation organized under the building and loan association laws of the state.

Tried before the Hon. A. D. Sayre. This action was brought by the appellee, Edmund M. Hastings, against the appellant, the Montgomery Street Railway Company, to recover damages for injuries to his horse and buggy, alleged to have been caused by reason of a collision between one of the electric cars operated on the defendant’s street railway and said horse and buggy of the plaintiff.

Tried before the Hon. A. A. Coleman.* This action was brought by the appellees, E. Holdoway & Company, against the appellant, John J. Moore. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a judgment, in favor of the plaintiffs. In an action ' on an account stated a verified account- is inadmissible as evidence. — Vomer cG Co. v. Way cG Edmonson, 107 Ala. 300.

Aitioal from the Circuit Court of Marengo. Tried before the 1-Ion. John C. Anderson. The proceedings in this case were had upon a motion filed by the appellant, R. L. Simmons, to set aside and vacate a sale made by the sheriff of certain lands as the property of the movant, under the levy of an execution issued upon a judgment recovered against the defendant in a suit brought by the partnership of which the appellee was a member.

Tried before the Hon. Joi-in Pelham. This was an action brought by the appellee, John D. Head, against the appellant, W. A. Stephens. The complaint contained two counts. The first count was in trover and sought to recover damages for the alleged conversion b.v the defendant of 204 pairs of shoes, the property of the plaintiff. The second count was in trespass, and sought to recover damages for the wrongful taking by the defendant of tlie said shoes.

Tried before the Hon. S. H. Sprott. This was a statutory action of ejectment to recover the possession of certain lands, brought originally by the appellant, J. T. Ennis, against George W. Ennis and J. M. Moseley. Friedman & Loveman as landlords of the original defendants were made parties defendant. After the institution of the suit, Friedman died and Emanuel Loveman, as surviving partner of Friedman & Loveman, was made party defendant.

Tried before tlie Hon. A. A. Coleman. This was an action of trespass brought by the appellee, Josie G. Kennedy, against the appellant, C. A. Jones. Tlie facts of the case are sufficiently stated in the opiniou.

Tried before the Hon. T. J. Burton. Tbis was an action of trover brought by the appellee, B. Higginbotham against- the appellant, J. W. Hunnicutt, to recover damages for the alleged conversion by the defendant of |2S2, alleged to be the property of the plaintiff. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. James J. Mayfield. This is an action brought by the appellant, James White, for damages for injuries alleged to have been sustained by the plaintiff in an accident occurring at the coal mines operated on the premises of the defendant for the purpose of furnishing fuel to the hospital. The complaint charges in different counts several acts of negligence.

Tried before the Hon. William S. Anderson. This was an action brought by the appellee, Michael Brocker, against the appellant, the Western Union Telegraph Company; and sought to recover damages alleged to have been caused by the negligence on the part of the defendant.in failing to deliver certain telegrams. The complaint contained four counts.

Tried before the Hon. Peyton Norvell. This action was brought by the appellee, George Flippo, against the appellant, the Kansas City, Memphis & Birmingham Railroad Company, to recover damages sustained by the plaintiff while he was in the empoymont of the defendant as a brakeman. The complaint contained six counts.

Heard before the Hon. Richard B. Kelly. The hill in this case was filed by the appellee, T. L. Kennedy, as administrator cle bonis non with the will annexed, of the estate of F. O. McElvy, against the appellants, Sarah A. Jones and W. F. Jones.

Heard before the Hon. Osceola Kyle. . The appeal in this case is prosecuted from a judgment rendered by the circuit court of Limestone county adjudging and decreeing that the appellee, Peter Crenshaw, was entitled to be registered as a qualified voter and elector of Limestone county. The facts of the case are sufficiently stated in the opinion.

Tried before the FIou. John Moore. This action was brought by the appellee, J. P. Wilson, against the appellant, the Southern Railway Company, to recover damages for the burning of cotton, the property of the plaintiff. The complaint as amended contained nine counts. The fifth count was withdrawn by the plaintiff. The first count of the complaint was in words and figures as follows: “1.

Tried before the Hon. John Pelham. This was an action brought by the appellee, J. H. Acker, against the appellant, the Southwestern Building & Loan Association. ' The complaint contained two counts. In the first count the plaintiff sought to recover the statutory penalty for the failure to mark on the margin of the record the satisfaction or payment in full of the deed of trust executed by the plaintiff to the defendant after written request therefor.

Heard, before the Hon. John C. Carmichael. This is a bill filed by the appellee, A. I. Brown, against the appellant, Travelers Insurance Company, for the purpose of having declared in full force, valid and binding, an insurance policy in tbe sum of one thousand dollars on the life of S. Brown, of Bessemer, Alabama, in which A. I. Brown is named as a beneficiary.

Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, Joseph G. Martin, against the Central of Georgia Railway, to recover damages for personal injuries, alleged to have been sustained by the plaintiff on account of the negligence of the defendant. The complaint, as amended, contained four counts.

Tried before tlie Hon. Ed. B. Almon. This was an action brought by J. TV. Mansell, as administrator of the estate of William T. Barrett, deceased, against the Northern Alabama Railway Company and the Southern Railway Company, seeking to recover damages for the alleged negligent killing of the plaintiffs intestate. The complaint contained three counts, in each of which the plaintiff claimed fifty thousand dollars damages.

Heard, before tlie Hon. John C. Carmichael. Tlie bill in this case was filed by tlie appellee, MY.

Tried before the Hon. William W. Wilkbrson. This action aauis brought by the appellee, J. T). Leake, against F. Goldstein, and sought to recover an amount alleged to be due for work and labor done and material furnished by the plaintiff for the defendant in the construction of a house upon a lot owned by the defendant. The complaint contained four counts. The first three were the common counts for $132.50.

' Appeal’from the Circuit Court of Mobile. Tried before the Hon. William S. Andiorson. This action was brought by the appellants, Hieronymus Bros., against, the Bienville Water Supply Company, and sought, to recover damages for the breach of a contract. The contract sued on was construed by this court on former appeal in case reported in 131 Ala. 447.

Tried before the Hon. Ed. B. Almon. On January 15, 1892, J. I-I. Fields recovered a judgment against the Florence Cotton & Iron Company for $4,803. On January 16, 1892, J. H. Fields transferred and assigned by endorsement on tlie execution docket, tlie judgment so recovered, to the appellee, the Louisville Banking Company. From the judgment recovered against it the Florence Cotton & Iron Company appealed to the Supreme Court, but no supersedeas bond was given.

Appear from the City Court of Birmingham. Tried before tbe Hon. Wirrruí W. Wirkersox. This was an action brought by the appellee, 1). U James, against tlie Birmingham Railway & Electric Company to recover damages for personal injuries sustained by the plaintiff while a passenger upon one of defendant’s street cars. There were verdict and judgment in favor of the plain- . tiff. From this'judgment the defendant prosecutes the present appeal.

Heard before the Hon. William H. Simpson. This bill was filed on November 28, 1902, by the American Telephone and Telegraph Company, which will be referred to as the complainant, or the American Company, against the Morgan County Telephone Company, which will be referred to as defendant, or the Morgan Company.

Tried before the Hon. Chas. A. Senn. This action ivas brought by the appellee, George E. Brown, against the appellants, Loveman, Joseph & Loeb„ a partnership, to recover damages for the breach of a contract of employment, by the wrongful discharge of the plaintiff.

Tried before the Hon. Citas. A. Senn. This was an action brought by the appellee, Atticus H. Mullen, a minor by his next friend, against tlie appellant,. the Birmingham Railway, Light & Power Company, to recover damages for an assault and battery, alleged to have been committed upon the plaintiff by an employe of tlie defendant, who was a conductor on one of the defendant’s street railway cars. Issue was joined on the plea of the general issue.

Tried before the Hon. Trios. H. Smith. The bill in this case was filed by the appellee, Samuel H. I-Iill, as administrator of the estate of W. C. Stewart,… Held: and to the account as stated by the register, there were many exceptions filed by Anna S. Horton. Upon the hearing of these exceptions the chancellor overruled them, and confirmed Hi register’s report. The respondents prosecute the present appeal, and assign as error the rendition of the decrees by the chancellor.

Appeal .from the Circuit Court of Conecuh. Tried before the Hon. John C. Anderson. This action was brought by the appellee, W. C. Crumpton, against the Western Union Telegraph Company, to recover damages for the failure of the defendant to deliver a message sent by the plaintiff, as the defendant had contracted to do.

Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, Ignatius Poliak, against the appellee, the H. B. Claflin Company. The purpose of the bill and the facts of the case averred therein are sufficiently stated in the opinion. If the original bill contained equity or was susceptible of amendment so as to make it contain equity, the chancellor erred in sustaining the motion to dismiss.— Boggs v. Edison Elec. III.

Tried before the Hon. A. I). Batee. This action was brought by the appellant, Martin IT. Bullirán, against the Louisville & Nashville Railroad Company.

Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellants, Willis L. Jenkins and David Garnet, against the appellee, Jonas Schwab Co., a corporation, to compel the determination of claims to real estate and to quiet title thereto, under the provisions of sections 809-813 of the Code.

<p>Appeal from the Law and Equity Court of Walker county.</p> <p>Tried before the Hon. Peyton Norvell.</p>

<p>Appeal from the County Court of Coffee.</p> <p>Tried before the Hon. J. M. Loman.</p>

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

<p>Appeal from the Circuit Court of Limestone.</p> <p>Tried before the lion. A. IT. Alston.</p>

<p>Appeal from the City Court of Montgomery.</p> <p>Tried before the Hon. William H. Thomas.</p>

<p>Appeal from the Circuit Court of Calhoun.</p> <p>Tried before the Hon. dox-in Pelham.</p>

<p>Appeal from the Circuit Court of Shelby.</p> <p>Tried before the Hon. A. H. Alston.</p>

<p>Appeal from the Circuit Court of Limestone.</p> <p>Tried before the Hon. Osceola Kyle.</p>