139 Ala.

Volume 139 — Alabama Reports

131 opinions

139 Ala. 1Kroell v. State (1903)
Tried before the Hon. A. H. Alston. The appellant in this case, Frank Kroell, was indicted and tried for the murder of Walter S. Cary, was convicted of murder in the second degree, and sentenced to the penitentiary for 36 years.
139 Ala. 14Austin v. State (1903)
Tried before tbe Hoii. William H. Thomas. Tbe appellants in this case, Mamie Austin and Lula Austin, were indicted, tried and convicted for murder in the killing of an infant child, and were sentenced to tbe penitentiary for life. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in tbe opinion.
139 Ala. 16Parrish v. State (1903)
Tried before the Hon. Daniel A. Greene. The appellant, Hollis B. Parrish, was indicted and tried for the murder of George S. Leonard, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.
139 Ala. 53DeYampert v. State (1903)
Tried before the Hon. G. K. Miller. The appellant in this case was indicted, tried and con-vieteil for seduction, and sentenced to five years’ imprisonment in the penitentiary. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently set forth in the opinion.
139 Ala. 56Walker v. State (1903)
Tried, before tlie Hon S. IT. Sprott. The appellant in this case, Henry Walker, was indicted and tried for the murder of Maggie Dickinson,. was convicted of murder in the first degree and sentenced to be hanged.
139 Ala. 67Eatman v. State (1903)
Tried before tbe Hon. S. H. Spkott. Tbe appellant in this case, Jack Eatman, was indicted and tried for tbe murder of Kitty Eatman, was convicted of murder in tbe first degree and sentenced to tbe penitentiary for life. Tbe indictment contains two counts. Tbe first count charged that tbe killing was by striking tbe deceased with a hammer or by striking her bead against a tree.
139 Ala. 74Sims v. State (1903)
Tried before the Hon. G. K. Miller. The appellant in this case, John B. Sims, was indicted and tried for tlie murder of Howard L. Pace, was convicted of manslaughter in tlie first degree and sentenced to the penitentiary for seven years. The facts relating to the rulings of tlie court upon the introduction of the testimony of the attending physician and of the dying declarations made by the defendant, are sufficiently shown in the opinion.
139 Ala. 80Thomas v. State (1903)
Tried before the Hon (t. K. Miller. Tbe appellant Avas indicted, and tried for the murder of John Leonard, Avas convicted of murder in the first degree and sentenced to the penitentiary for life.
139 Ala. 87Kirby v. State (1903)
'fried before the Hon. J. A. Bílbro. The appellant in this case, Joe Kirby, was indicted, tried and convicted for the larceny from a dwelling house of four bed quilts and one bed blanket, and was sentenced to the penitentiary for five years. In the indictment as copied in the transcript on this appeal, the ownership of the property alleged to have been stolen was laid in S. P. Sarratt.
139 Ala. 90Noble v. State (1903)
Tried before the lion. William H. Thomas. The appellant in this case, T^evi Noble, was indicted, tried and convicted for grand larceny and sentenced to tlxe penitentiary for three years. The defendant interposed the plea of misnomer, to which the State filed special replications. The issue joined upon these pleadings was separately tried, and was found in favor of the State. The evidence in reference thereto is sufficiently stated in the opinion.
139 Ala. 93Spraggins v. State (1903)
Tried before the Hon. J. A. Bilbro. The appellant in this case, George Spraggins, was indicted, tried and convicted for an assault with intent to murder and was sentenced to the penitentiary for three years. The recitals of the judgment entry as to the. plea of former acquittal, and as to the issues upon Avhich the cause ivas tried, are set forth in the opinion. The record proper contained no plea of former acquittal. .
139 Ala. 104Dixon v. State (1903)
Tried before the I-Ion. A. H. Alston. The appellant in this case was indicted, and tried for the murder of Jim Gordon, was convicted of murder in the first degree and sentenced to the penitentiary for life. The facts of tlie case necessary to an understanding of the decision on the present appeal, are sufficiently shown in the opinion.
139 Ala. 107Feagin v. State (1903)
Tried before the 1-Ion. J. C. Richardson. The appellant in this case was indicted, tried and convicted for grand larceny. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Moore v. Htate, 71 Ala. 307; Baysinger v. Htate, 77 Ala. 60.
139 Ala. 109Dennis v. State (1903)
Tried before the Ron. H. J. Lancaster. The appellant in this case, Henry Dennis, was indicted, tried and convicted for playing a game of cards or dice in a public place. The facts of the case are sufficiently stated in the opinion.
139 Ala. 115Smith v. State (1903)
Tried before the Hon. P. N. Hickman. The appellant in this case, Jim Smith, was tried and convicted under an indctment which was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Jim Smith, with purpose to hinder, delay or defraud Robert Daniels who had a lawful and vailid claim thereto under a written instrument lien created by law: for rent, advances or.other lawful and valid claim, verbal or written, did sell…
139 Ala. 117Dryer v. State (1903)
Tried before the Hon Daniel A. G-reene. The appellant in this case was indicted, tried and convicted for an assault with intent to murder one Emanuel Rothschild.
139 Ala. 120Holland v. State (1903)
Tried before the Hon. Ed. B. Almon. The appellant in this case., R. M. Holland, was prosecuted and convicted for trespass after warning. The proesecution was instituted in the county court of AYalker county by the making of an affidavit before a notary public and ex officio justice of the peace, which affidavit was in words and figures as follows: “Before me, AY. S. Bowed, N. P. Ex. off.
139 Ala. 124Bell v. State (1903)
Tried before the Hon. William H. Thomas. The indictment under which the appellant in this case was tried and convicted, was in words and figures as follows : “The grand jury of said county charge that before the finding of this indictment Irving Bell being the clerk, agent or servant of W. M. Hudson & Company, a partnership composed of W. M. Hudson, L. Lasseter and B. P. Yarbrough, did embezzle or fraudelently convert to his own use money to about the amount of fifty dollars…
139 Ala. 125Wildman v. State (1903)
Tried before the Hon. S. H. Spkott. Tbe appellant in this case, Tom Wilclman, was indicted, tried and convicted for selling spirituous, vinous or malt liquors without, a license. The facts of the case are sufficiently stated in the opinion.
139 Ala. 130Weaver v. State (1903)
Tried before the Hon. T. L. Borom. Tlie appellant in this case, Gaines Weaver, was prose cuted and convicted for throwing a rock or other missile into a passenger train. There was evidence introduced on behalf of the State tending to show that the defendant was guilty as charged. The evidence showed that after the train was rocked, it was stopped and came back to where the defendant had been standing, and that, thereupon the defendant ran.
139 Ala. 131Peterman v. State (1903)
Tried before the Hob. Joiik P. Hubbabd. The appellant in this case, Albert Peterman, was indicted, tried and convicted for carrying a pistol concealed about his person. Under the opinion of the present appeal, the bill of exceptions can not be looked to in order to review the rulings of the trial court; and, therefore, it is unnecessary to set out the facts of the case in detail.
139 Ala. 132House v. State (1903)
Tried before the Hon. Thomas W. Coleman, Je. The appellant in this case, Joe House, was indicted, tried and convicted for carrying a pistol concealed about his person. When the case was called for trial, the defendant moved the court for a continuance on account of the absence of Frank Stevens and Sam Sherbert, material witnesses for the defendant.
139 Ala. 136State v. Young (1903)
Appell from the City Court of Selma. Tried before_tlie Hon. John W. Mabry. The facts of the case are sufficiently stated in the opinion. cited Child-ress v. State, 86 Ala. 77; Winslow v. State, 76 Ala. 42; Heard v. State, 81 Ala. 55; Adams v. State, 62 Ala. 179; Davis v. State, 52 Ala. 357.
139 Ala. 137Musgrove v. State (1903)
Tried before the TIon. S.' L. Fullee. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said •county charges that before the finding of this indictment Philip Musgrove, without legal cause or good excuse, did enter upon the premises of Mrs. Lizzie Mitchell after having been warned not to do so, against the peace and dignity of the State of Alabama.” ■ The defendant demurred to this indictment, among others, upon the…
139 Ala. 138State ex rel. Garrett v. Sawyer (1903)
Heard before the Hon. Thomas W. Coleman, Jr. This was a statutory proceeding in the nature of quo toarranto. The purpose of the proceding and the aver-ments of the amended petition are sufficiently stated in the opinion. The respondent demurred to the amended petition, upon the following grounds: “(1.) That said complaint-shows that the defendant is a duly elected and qualified justice of the peace of Calhoun county, Alabama.
139 Ala. 144Ross v. State (1903)
Cullman. Tried before tbe Hon. S. L. Fuller. Tbe appellant in this case, Yance Boss, was tried and convicted in a prosecution, wbicli was commenced by a complaint made by one T. H. Ilooton, before tbe judge of tbe county court of Cullman county, wbicli complaint was in words and figures as follows: “Before me, S. L. Fi ller, judge of tbe county court of said county, person a'ly appeared T. H. Hooton wlio being duly sworn, doth depose and say that be bas probable cause for…
139 Ala. 149Simmons v. State (1903)
Tried before the Hon. T. L. Borom. The facts of the case are sufficiently stated in the opinion. cited Shepherd v. State, 110 Ala. 104; Winslon; v. State. 97 Ala. 68; Wade v. State, 94 Ala. 109; Ward v. State, S8 Ala. 202. cited Ex parte Davis, 95 Ala. 9; Smith v. State, 81 Ala. 74; Shepherd v. State, 110 Ala. 104.
139 Ala. 152State ex rel. Smith v. Pitts (1903)
Tried before tlie Hon. Joiix W. Mabry. Tlie appeal in tbis case is prosecuted from a judgment of tlie city court of Selma sustaining demurrers to a petition for mandamus, filed by tlie State on tlie relation of Oscar E. Smitli, in which he seeks to have P, H. .Pitts, as Probate Judge of Dallas county, compelled to certify liis incompetency to preside in a proceeding of inquisition of lunacy. The facts of the case are sufficiently stated in tlie opinion.
139 Ala. 157Greene v. State (1903)
Appeal form the County Court of Sumter. Tried before the I-Ion. W. XL DeLoach. The facts of the case are sufficiently stated in the opinion. The prosecution before the-justice of the peace, can in no sense be said to be the commencement of the prosecution upon the indictment in this case. See Marlin v. The State, 79 Ala. 267; Buhe v .The- State, 76 Ala. 73; Giles v. The State, 88 Ala. 23.
139 Ala. 159Tolleson v. State (1903)
Tried before the Hon. William H. Thomas. The appeal in this case is prosecuted by the appellants as sureties on the appeal bond of the defendant, convicted. before a justice of the peace, from a judgment final for default of their principal. The facts of the case are sufficiently stated in the opinion. cited Cobb v. Thompson, 87 Ala. 381. for the State, cited Mooney v. People, 134 Ill. 134; Prosbech v. State, 38 Ohio St. 606; 1 Éncy.
139 Ala. 161City Delivery Co. v. Henry (1903)
Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, Lula Henry, against the appellant, the City Delivery Company, to recover damages for personal injuries caused to plaintiff by being knocked down by an ice wagon belonging to the defendant while in charge of and being driven by an employe of the defendant.
139 Ala. 168Haynesworth & Co. v. Adler (1903)
Aitkal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. The facts of the case are sufficiently stated in the opinion. Interest on any indebtedness can be stipulated for by any collateral, or separate undertaking or agreement; and suit may be maintained and collection had of the interest on such separate agreement. — 16 Eney. Law, p. 1000, 1002, 1054; .1fuellar v. McGregor, 28 Ohio St. 365; Andrews v. Campbell, 36 Ohio St. 361; Kelly v. Phoenix Nat.
139 Ala. 174Meyer v. Bloch (1903)
AitioaTi from tlie City Court of Selma. Tried before tlie lion. John W. Mabey. This was a statutory action of detinue, brought by the appellee, I. Bloch, against the appellant, J. D. Meyer, to recover mules, a wagon, farm implements, cotton and corn, etc. The plaintiff claimed under a mortgage alleged to have been executed by him to the defendant.
139 Ala. 177Whitley v. Lide (1903)
Heard before the Hon. William L. Parks. The bill in this case ivas filed by the appellant, D. C. Whitley, against the appellees, A. C. Lide and B. A. Lide, his wife. The purpose of the bill and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Merrill v. Morrisett, 76 Ala. 433; Young v. Pollock, 85 Ala. 439; 1 Green!.
139 Ala. 179Alabama Lumber Co. v. Smith (1903)
Tried before the Hon. A. D. Sayre. This suit was brought by the appellant, the Alabama Lumber Company, against the appellees, H. C. Smith and Mrs. Jacques Loeb; and sought to enforce a material-man’s .lien upon two certain houses and lots belonging to the defendant, Mrs. Loeb, for materials furnished, by the Alabama & Georgia Lumber Company, to the defendant H. 0.
139 Ala. 183Pollard v. American Freehold Land Mortgage Co. of London (1903)
Heard before the Hon. A. D. Saybe. The original bill in this case was filed by the American Freehold Land Mortgage Company, of London, Limited, against Beb'ecca M. Pollard and her husband, Charles T. Pollard, and others.
139 Ala. 217National Surety Co. v. Mabry (1903)
Tried before the Hon. Chas. A. Sexn. This action was brought by the appellee, John S. Ma-bry, against the National Surety Company. The purpose of the suit and the facts of the case are sufficiently stated in the opinion.
139 Ala. 226Millikin & Co. v. Carmichael (1903)
Heard before the Hon. William L. Paeics. The bill in this case was filed by the appellants, Milli-kin & Company, against D. C. Carmichael. ft was averred in the bill that on December 8, 1890, one Eranldin, the owner of certain lands, which he occupied as a homestead, executed a lease to the complainants granting to them the turpentine privileges in the pine trees standing upon said lands for a period of three years from the time said trees should be boxed.
139 Ala. 231Kirkbride v. Harvey (1903)
AppbaIj from the City Court of Mobile. Heard before the Hon. O. J. Semmes. The appellee, K. B. I-Iarvey, filed a petition for habeas corpus, addressed to the Judge of the City Court of Mobile, in which he sought to obtain the custody and control of his infant daughter, Marina E. Harvey, a little girl of five and a half years old, and who was, at the time of the filing of the petition, in the custody and control of the appellant, E. B. Kirkbride.
139 Ala. 237Shafer & Co. v. Hausman (1903)
Tried before tlie I-Ion. A. D. Sayre. This was an action brought by the appellant, E. E. Sha-fer, doing business as E. E. Sliafer & Compan3r, against the appellee, D. S. I-Iausman, to recover an account due the. plaintiff for work and labor done and material' furnished upon and in the construction of a building for the defendant.
139 Ala. 242Fullington v. Kyle Lumber Co. (1903)
Heard before the IToii. John T-T. Risque. The bill in this case was filed on the 15th day of September, 1902, by the appellees, the Kyle Lumber Company, a corporation, against the appellants, W. F. Ful-lington and Peter Wagnon.
139 Ala. 247Weaver v. Eaton (1903)
Heard before the Hon. Richard B. Kelly. The bill in this case was filed by the appellant, W. A. Weaver, against the appellee, E. G. Eaton. .
139 Ala. 250Alabama & Georgia Lumber Co. v. Tisdale (1903)
Tried before the Hon. J. C. Bicijardson/ This was a suit brought by tlie appellants, the Alabama & Georgia Lumber Company, against Fred Moesser and W. H. Tisdale, in which the plaintiffs sought to recover from Fred Moesser an amount alleged to be due from him for goods, wares and merchandise, lumber, shingles and other materials furnished him by plaintiffs, which was used in building a house on land belonging to VY.
139 Ala. 259Winston v. Miller (1903)
Heard before the Hon. Thomas H. Smith. Thomas S. Fry ivas one of the executors of Augustus A. Winston, deceased. The appellant was the other.
139 Ala. 264Jefferson County v. Abernathy (1903)
Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, IT. B. Abernathy, against Jefferson county. The complaint contained the common counts a id sought to recover for services performed by the plaintiff, an acting justice of the peace in Jefferson county, in holding an inquest in the absence of the regular coroner.
139 Ala. 270Penny v. Weems (1903)
Tried before the Hon. John H. Bisque. This was a statutory action of ejectment, brought by the appellant, James A. Penny, against the appellees, Mrs. A. L. Weems, Charles Jelks and J. M. Strickland, to recover the possession of certain lands specifically described in the complaint.
139 Ala. 273Moore v. Alabama National Bank (1903)
Heard before the Hon. John C. Carmichael. The hill in this case Avas filed under the statute by the appellant, Maggie D. Moore, against the Alabama National Bank, to compel the determination of claims to real estate and quiet the title thereto. It was averred in the bill that the complainant was the owner of and “in the actual peaceable possession” of certain real estate situated in the city of Birmingham, which was specifically described.
139 Ala. 276Wills Valley Mining & Manufacturing Co. v. Galloway (1903)
Heard, before the Hon. Richard B. Kelly. The original bill in this case was a general creditor’s hill, filed by the Wills Yalley Mining & Manufacturing Company and other complainants, against the Etowah Mining Company, W. M. Nixon, trustee, and M. L. Robinson ; and prayed that a receiver be appointed to take charge of the property then in the possession of said W. AT.
139 Ala. 282Dimmick Pipe Works v. Wood (1903)
Tried before the lion. William M. Wilkerson. This action was brought by the appellee, L. E. Wood, to recover damages for the loss of the services of his son, a boy 14 years of age, by reason of the alleged negligence of the defendant. The, cause of action as averred in the complaint, and the facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
139 Ala. 286Forbes v. Taylor (1903)
Appe.vl from the Circuit Court of Slielby. Tried before the lion Edwaiíd S. Lyman, Special Judge. This was a statutory action of detinue brought by the appellant, E. E. Forbes, against the appellee, George Taylor, to recover the possession of a cottage organ, and the value of hire or use thereof.
139 Ala. 290Barfield v. Barfield (1903)
Aitioab from' the.Circuit Court of Houston. Tried before the I-Ion. JOHN P. Hubbard. This was an action of trover, brought by the appellant, Mrs. Emma Louisa Barfield, against the appellee, John Barfield, to recover, damages for the alleged wrongful conversion of personal property which constituted a part of the estate of W. M. Barfield, deceased. The defendant pleaded the general issue.
139 Ala. 293Ely v. Pace (1903)
Tried before the lion. John C. Anderson. This was a statutory action of ejectment, brought by the appellant, M. Ely, against the appellees, Bailie E. Pace and Tom Parker. Tlie defendant Bailie E. Pace filed a plea disclaiming possession of the premises sued for at the time the action was commenced, and the defendant, Tom Parker, pleaded not guilty. Issue was joined on these pleas.
139 Ala. 299Reese v. Cleburne County (1903)
Tried before the I-Ion. John Pelham. This was a suit brought by the appellant, M. R. Reese, against Cleburne county. The complaint contained five counts.
139 Ala. 303New York Life Insurance v. Smith (1903)
Tried before tlie Hon. John P. Hubbard. This was a suit brought by the appellee, Mrs. Florence G. Smith, against the Netv York Life Insurance Company, to recover $2,200 upon a life insurance policy issued by the defendant to Malcolm C. Smith, who was the husband of the plaintiff, and who had died. The cause was tried upou issue joined upon the plea of the general issue. The defense interposed and the facts of the case are sufficiently stated in the opinion.
139 Ala. 310Graham v. Partee (1903)
Tried before the I-Ion. J. A. Bilbro. This was a statutory action of ejectment, brought, by the appellant, Benjamin Graham against the appellee, A. M. and Emma J. Partee, to recover the possession of certain lands specifically described in the complaint. The basis of the defendant's claim to the lands sued for and the other facts of the case are sufficiently stated in the opinion.
139 Ala. 318Porter v. Martin (1903)
Heard before the lion. William L. Parks. The appeal in this case is prosecuted from a decree dismissing a bill filed by the appellants against the appel-lees, for the want of equity, on motion made by the ap-pellees. In this court there was a motion made to dismiss the appeal, on the ground that the record was not filed within the time prescribed by law.
139 Ala. 319Mylin v. King (1903)
Aui’bal from tlie Chancery Court of Talladega. Heard before the Hon. Richard R Kelly. The hill in this case was filed by the appellee, Sarah R. King, against the appellants, Amos II. Mylin and George A. Hill. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a decree granting the relief prayed for and ordering a sale of the common property for division.
139 Ala. 327Henderson v. Wilson (1903)
Tried before the Hon. John P. Hubbard. This action was brought by the appellee, W. J. Wilson, against the appellants, J. E. and W. E. Henderson, to recover the statutory penalty of two hundred dollars, for the failure to enter satisfaction upon the margin of the record of a mortgage, executed by the plaintiff to defendants, after being requested so to do in writing. Tlie cause was tried upon issue joined upon tlie plea of the general issue.
139 Ala. 331Meyer Bros. Drug Co. v. Puckett (1903)
Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, P. C. Puckett, against the Meyer Brothers Drug Company, to recover the price of articles sold by the plaintiff to the defendant. The defendant pleaded the general issue and the following special pleas: “2.
139 Ala. 338Bromberg v. Fidelity & Deposit Co. (1903)
Autkal from tbe Chancery Court of Mobile. Heard before tbe 1-Ion. Thomas IT. Smith. Tbe bill in this case was filed by the appellee against Cecil Carter, to compel contribution. The facts averred in the bill are sufficiently shown in the opinion. The defendant pleaded nine pleas. The sufficiency of said pleas was questioned by the complainant.
139 Ala. 346Sledge v. Singley (1903)
Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellees against the appellants, to recover certain lands specifically described in the complaint. The plaintiffs claimed the lands sued for by inheritance from Jackson Singley, deceased, who was the father of some of the plaintiffs and grandfather of others.
139 Ala. 350Richardson v. Horton (1903)
Appear from the Chancery Court of Conecuh. Heard before the I-Ion. Whxiam L. Parks. The bill in this case was filed by the appellee, W. K. Ilorton, against the appellants. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. cited Wood/rou; v. Ilaivriiu/. 105 Ala. 240; Ward v.'Bank of Abbeville, 130 Ala. 597; Jte,Queen r. Whetstone, 127 Ala. 417; Vamjlm v. Hmith, 69 Ala. 92. cited McCurdy v. Middleton, 90 Ala. 99.
139 Ala. 354Locklayer v. Locklayer (1903)
Heard before the Hon. J. G. Kumpe. The proceedings in this case were had upon a petition being filed by the appellant, Nancy Locklayer. in the probate court of Lawrence county, asking to have the personal property belonging to the estate of her deceased husband, Jackson Locklayer, set apart to her as exempt.
139 Ala. 359Troy Grocery Co. v. Potter & Wrightington (1903)
Tried before the Hon. John C. Anderson. This action was brought by the appellees, Potter & Wrightington, a partnership, composed of Henry S. Potter and Charles W. Wrightington, against the appellant, the Troy Grocery Company, a partnership, and sought to recover a certain designated sum alleged to be due the plaintiffs from the defendants by account, for merchandise, goods and chattels sold by the plaintiffs to defendants.
139 Ala. 369Nicrosi v. Walker (1903)
• Appeal from tbe City Court of Montgomery, in Equity. . Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, John B. Nicrosi, against Hal T. Walker and his wife, Bessie W. Walker, fo foreclose a mortgage given by the defendants to secure a debt for the loan of money. The defendants filed a special plea setting up usury and averred the payment of the indebtedness.
139 Ala. 372Lancaster v. Gafford (1903)
Heard before the Hon. John G. Winter. The appellee, Matt Gafford, filed a petition addressed to the Judge of the Fifteenth Judicial Circuit, in which he averred the following facts: He was confined as a prisoner in the county jail, charged with the offense of refusing to work upon a public road after due notice.
139 Ala. 376Brinkmeyer v. Bethea (1903)
Tried before the 1-Ton. Chas. A. Senn. This was an action of trespass, brought by the appellee, S.- Bethea, against the appellants, L. 0. Brinlaneyer and 0. Luebbc, to recover damages for trespass to real estate described in the complaint. The facts of the case are sufficiently stated in the opinion.
139 Ala. 379Jones v. McNealy (1903)
Heard before the Hon. Richard B. Kelly. The bill in this case ivas filed by the appellant, Ida E. Jones, against the appellees, Mrs. Florence G. McNealy, Mrs. T. J. Strong and Mrs. Lou P. Smith, who is the mother of the other two defendants.
139 Ala. 386Kinney v. Reeves & Co. (1903)
Heard before the Hon. William II. Simpson. The bill in this case was filed by the appellees against the appellants. From a decree which sustained one ground of the demurrer interposed by the defendants and overruled the other grounds, the defendants prosecute the present-appeal, and assign as error the portion of (he decree overruling the grounds of demurrer.
139 Ala. 387Hayes v. Woodham (1903)
Tried before the Hon. A. H. Alston. This was an action brought by the appellee, Ulysses Woodham, against the appellant, Harrison It. Hayes; and counted by a bond given by the defendant to the plaintiff. On. the trial of the case there was a judgment rendered in favor of the plaintiff..
139 Ala. 389Birmingham Railway, Light & Power Co. v. Bynum (1903)
Tried before the Hon Charles A. Senn. This action was brought by the appellee, John Bynum, against the Birmingham Railway, Light & Power Company, to recover ten thousand dollars damages for injuries alleged to have been sustained by him while a passenger on one of the defendant’s street cars, by reason of the negligence of the defendant; the negligence complained of being the defective condition of the coupling apparatus by which two of the cars of the defendant were coupled…
139 Ala. 398Webb v. Reynolds (1903)
Tried before tlie Hon. A. H. Alston. This was a statutory action of ejectenmt, brought by the appellee, J. J. Reynolds, against the appellants, W. M. Webb, 'Mrs. W. M.' Webb, and J. A. McElrath, to recover certain lands specifically described in the complaint. As stated in the opinion, there being no bill of exceptions, the questions reviewed pertain only to the irregularity, of the judgment appealed from.
139 Ala. 402Williams v. Norton (1903)
Appmal from the Chancery Court of Blount. Heard before the Hon. John Ü. Carmichael.
139 Ala. 406Smith v. Smith (1903)
AppkaIj from tlie Chancery Court of Marengo. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, Georgia Curry Smith, against the appellees. The purpose of the bill and the facts of the case are sufficiently stated in the opinion.
139 Ala. 414Seymour v. Williams (1903)
Tried before tbe Hon. A. A. Evans. This was a common law action of ejectment, brought by the appellants against tbe appellee, to recover a tract of land which ivas described in tbe complaint as follows: “Two acres of land lying in tbe west half of section 24, towuship 18, and range 29, and situated on. tbe southwest part and on line of said property known as the Silas place.
139 Ala. 417Mayfield v. Moore (1903)
A ¡.’deal from tlie Law and Equity Court of Walker. Meard before the Hon. Peyton Norvbll. This suit was brought by the appellant, S. J. Mayfield, against the appellee, J. S. Moore. The plaintiff was deputy sheriff under the defendant, and sued to recover a designated sum for work and labor done and services performed by him as such deputy sheriff for the defendant. The complaint contained the common counts. The facts of the case are sufficiently stated in the opinion.
139 Ala. 421Crosthwait v. Pitts (1903)
Tried before the Hon. Chas. A. Senn. This is an action brought by the appellant as plaintiff, against the appellees, as sureties on the official bond of one John A. Baker, a justce of the peace, in Jefferson county, Alabama, for damages for the wrongful act of the said Baker in making a false certificate to a mortgage.
139 Ala. 425Sloss-Sheffield Steel & Iron Co. v. Molbley (1903)
Tried before the Hon. Ed. B. Almon. This action was brought by Beulah Mobley, adminis-tratrix of the estate of Joseph P. Mobley, deceased, against the Sloss-Sheffield Steel & Iron Company, to recover damages for the alleged negligent injury to plaintiff’s intestate, which resulted in his death. The complaint as originally filed contained only three counts. Subsequently the 6th, Gth and 7th counts were added by amendment.
139 Ala. 442Anniston Electric & Gas Co. v. Hewitt (1903)
Tried before tlie Hon. Thos. W. Coleman, Jr. This action was brought by the appellee, Robert E. Hewitt, against the Anniston Electric & Gas Company, to recover damages for the alleged negligent killing of the plaintiff’s cow, by a street car operated by the defendant.
139 Ala. 444Young v. Sheldon (1903)
Tried before the Hou. Thos. B. Koulhac. This was a statutory action of ejectment, brought by the appellant, Mollie Young, to recover certain lands specifically described in the complaint. Pending the suit W. B. Young died, and the suit was revived in the name of M. B. Sheldon, as administrator. The basis of the plaintiff’s claim and the other facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
139 Ala. 453Dudley v. Birmingham Railway, Light & Power Co. (1903)
Heard before the Hon. Charles W. Ferguson. These two cases inyolved the construction of the same statutes and the decision of the same question, and were, therefore, submitted together.
139 Ala. 462Bessemer Liquor Co. v. Tillman (1903)
Tried before the Hon. B. C. Jones. This was an action brought by the appellee, Benah II. Tillman, against the Bessemer Liquor Company, a cor-, poration, for false imprisonment and malicious prosecution. The complaint contained three counts.
139 Ala. 465Gaston v. Marengo Improvement Co. (1903)
Tried before tbe Hon. John C. Anderson. This was a statutory trial of tbe right of property, which was instituted by the appellee,.Marengo Improvement Company making affidavit and bond, thereby interposing a claim to certain property, which was levied upon under an execution issued upon a judgment recovered by the appellant, J. W. Gaston, against one Bob Fritts. There was a motion made to strike the affidavit of claim made by the claimant, from the file.
139 Ala. 468Walker v. City Council of Montgomery (1903)
Tried before tlie Hon. A. I). Sayre. Tliis was an action brought by the City Council of Montgomery against J. Lee Walker, to recover $200 alleged to he due to the plaintiff from the defendant, for his engaging in the business of retailing spirituous, vinous and malt liquors within the corporate limits of the city of Montgomery, without paying a license to said city as is provided by ordinance of the city duly and regularly passed.
139 Ala. 482Patton v. Monroe (1903)
Heard before the Hon. Chas. A. Senn. The bill in this case was filed by the appellant, Ida M. Patton, against the appellee. The purpose of the bill and .the facts of the case averred therein, are sufficiently stated in the opinion.
139 Ala. 487Lucas v. Stonewall Insurance (1903)
Tried before the I-Ion. Johx C. Axmiiíson. This action was brought by the appellee, the Stonewall Insurance Company against the appellant, Ii. D. Lucas. The defendant pleaded the general issue and two sju;-cial pleas. By the third plea the defendant sought to set off or recoup the damages alleged to have been sustained by him by reason of the plaintiff failing to furnish him with advances, for which the bond sued upon was given.
139 Ala. 489Montgomery Street Railway Co. v. Shanks (1903)
Tried before the Hon. A. D. Sayre. This was an action brought by the appellee, Mrs. E. A. Shanks, against the appellant, the Montgomery Street Railway Company, to recover damages for personal injuries, alleged to liave been sustained by reason of the defendant’s negligent operation of a street car, along a street of tlie city of Montgomery.
139 Ala. 502Bradford v. Boozer (1903)
Tried before the Hon. John C. Anderson. This action was brought by the appellant, T. IT. Bradford, against the appellee, J. B. Boozer. The complaint contans two counts. The first count-sought to recover the statutory penalty for cutting a certain number of trees. The second count sought to recover damages for trespass. The record does not show what pleas were filed.
139 Ala. 505Bethea v. Bethea (1903)
Heard before the Hon. A. I). Sayre. Tlie original bill in this case ivas filed by Kate Bethea and others against Henry Bethea, Theodore Bethea and Mamie Bethea, and sought to have certain property owned by plaintiffs and defendants, as tenants in common, sold, and the proceeds of the sale distributed among the co-tenants. The relief prayed for in the bill was granted, and among the property sold was a house and lot situated in tlie city of Montgomery.
139 Ala. 512Garrison v. Glass (1903)
Tried before the Hon. John C. Anderson. In the jiresent suit, the appellee, P. B. Glass, sought to recover from J E. Garrison, an amount alleged to be due under a contract by which the plaintiff sold to the defendant the'pine timber upon certain lands.
139 Ala. 519Smith v. Southern Express Co. (1903)
Tried before tlie Hon. J. W. Mabry. This suit was originally brought in a justice court by II. M. Smith against the Southern Express Company. It was there tried and judgment rendered for Smith and was appealed to the city court of Selma by the Express Company. The complaint in the city court contained six counts.
139 Ala. 524Yancy v. Waddell (1903)
' Tried before the Hon. J. A. Bilbko. This was a suit brought by the appellant,. W. H. Yancy, against the appellee, A. W. Waddell, to recover-three dollars’ damages, alleged to have been caused by the defendant’s hogs depredating upon the plaintiff’s crop; and the suit was commenced in a justice of the peace court.
139 Ala. 526Lee v. Baird (1903)
Tried before the Hon. A. A. Coleman. This was an action of assumpsit, brought by tlie appellant, Mamie Lee, an infant, wlio sued by her next fried, Thomas J. Lee, against B. W. Baird. The complaint contained the common counts, seeking to recover five hundred dollars due from the defendant.
139 Ala. 529Wallace v. Crosthwait (1903)
Tried before the Hon. Osceola Kyle. The facts of the case necessary to the understanding of the decision on the present appeal are sufficiently stated in the opinion.
139 Ala. 531Mayor of Birmingham v. Birmingham Water Works Co. (1903)
Tried.before the Hon. Citas. A. Senn. This was an action brought by the appellee, the Birmingham Water Works Company, against the mayor and aldermen of Birmingham, to recover five hundred dollars paid under protest by the plaintiff as a license tax. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury upon an agreed statement of facts, and the court rendered judgment in favor of the plaintiff.
139 Ala. 535Ivy Coal & Coke Co. v. Long (1903)
Tried before the Hon. A. H. Alston. This was an action of assumpsit instituted on September 13, 1899, by the appellant, Ivy Coal & Coke Company, against the appellee, B. M. Long, in which the plaintiff as transferee of one Walter Moore seeks to recover of the defendant a balance due on account' for commissions for services rendered by said Walter Moore to the defendant in the negotiations pf a sale of a large body of land belonging to the defendant.
139 Ala. 543Ballow v. Collins (1903)
Tried before the Hon. John C. Anderson. This was an action of trover brought by the appellant, It. C. Ballow, against the appellee, James T. Collins, Sr., and Henderson Carter, and sought to recover damage for the alleged conversion of a bale of cotton.. The cause was tried upon issue joined on the plea of the general issue.
139 Ala. 548Logan v. Central Iron & Coal Co. (1903)
Tried before the Hon. John Moore. This action was brought by the appellant, W. H. Logan, as administrator of the estate of William Alford, deceased, against the appellee, the Central Iron & Coal Company, to recover damages for injuries resulting in the death of the intestate, which was alleged to have been caused by the negligence of the defendant or its employees.
139 Ala. 557Wilbourn v. Hurt (1903)
Tried before the Hon. John Mooee. A controvery existed between the parties to this appeal and by a written agreement signed and sealed by the parties all the matters in controversy were submitted to arbitration under section 509 to 523 of the Code of 1896. The parties appeared before the arbitrators, evidence was heard and the arbitrators rendered an award in writing signed by each of them awarding the sum of fifty dollars as due from S.E. Wilbourn to J. W. Hurt.
139 Ala. 568Russell v. Puryear (1903)
Heard before the Hon. William H. Simpson. The appeal in this case is prosecuted from a decree of the chancellor overruling and denying a motion to retax the costs or fees of the register in chancery for making the transcript of a case carried hy appeal to the Supreme Court from the chancery court of Limestone county. The case in which the appeal was taken was between the parties to this appeal, and in the Supreme Court judgment was rendered against the present appellants.
139 Ala. 571Rothschild v. Bay City Lumber Co. (1903)
Heard before the Hon. Thomas H. Smith. The bill in this case was filed on April 23, 1903, by the appellees, the Bay City Lumber Company, a corporation, and the Sullivan Timber Company, a corporation, and W. H. Louisell, against the appellants, K. E. Rothschild, A. F. Rothschild, and T. Rothschild, partners doing business under the firm name of Rothschild & Brothers, and Morris W. Simmons and his wife, Martha Simmons.
139 Ala. 578Nelson v. First National Bank of Montgomery (1903)
Tried before the Hon. John R.-Tyson. This action was brought by the appellant, Margaret S. Nelson, against the appellee, the First National Bank of Montgomery, and was instituted on March 20, 1896.
139 Ala. 595Moore v. First National Bank of Florence (1903)
Tried before tlie Hon. Ed. B. Almon. • This suit was brought by the appellee, the First National Bank of Florence, against the appellant, Samuel E. Moore, and was instituted on October 18, 1898. The complaint as originally filed contained two counts. The first count claimed the sum of four thousand dollars due by account stated, on, to-wit, November 1, 1893. The second count claimed the like sum under an agreement entered into between the plaintiff and defendant and one H. 0.
139 Ala. 610Mobile, Jackson & Kansas City Railroad v. Middleton (1903)
Heard before the Hon. Ti-iomas H. Smith. The bill in this case was filed by the appellee, Robert Middleton, against the Mobile, Jackson & Kansas City Railroad Company and the Gulf City Construction Oom-pany.
139 Ala. 614Johnson v. Terry (1903)
Heard before the Hon. William L. Parks. The bill in this case was filed by Hannah L. Terry, as guardian of I-Iannali L. Johnson, against J. J. Johnson, as executor of the last will and testament of J. E. Johnson, deceased, and the widow and living children of said J. E. Johnson, deceased.
139 Ala. 620Josiah Morris & Co. v. Alabama Carbon Co. (1903)
Tried before the Hon. A. D. Sayre. This ivas an action brought by the appellee, The Alabama Carbon Company, a corporation, against the appellant, Josiah Morris & Co., a partnership, to recover for money had and received.
139 Ala. 624Blanks v. Moore (1903)
Tried before the Hon. N. I). Denson. This action was brought by the appellee, E. L. Moore, against the appellant, James M. Blanks, and counted upon a promissory not for $370.36, executed by the defendant to the plaintiff. The defendant filed several special pleas which were afterwards withdrawn. He then filed special pleas nnm-bered 9 and 10, wliieli set up failure of consideration and false representation by tlie plaintiff: in obtaining tlie execution of tbe note sued upon.
139 Ala. 629Southern Railway Co. v. Mitchell (1903)
Tried before the Hon. Ed. B. Almon. This was an action brought by the appellant, the Southern Bailway Company, a corporation, organized under the laws of the State of Virginia, against the ap-pellee, J. J. Mitchell, as an individual, and as Judge of Probate of Lauderdale county; and sought to recover 1113.50, money paid by appellant to said Mitchell as a license tax for operating a toll bridge that spans the Tennesse river between the counties of Colbert and Lau-derdale; it…
139 Ala. 645Milner & Kettig Co. v. DeLoach Mill Manufacturing Co. (1903)
Tried before the Hon. W. W. Wilkerson. This action was brought by the appellee, the DeLoach Mill Manufacturing Company, a corporation, against the appellant, the Milner & Kettig Company, a corporation.
139 Ala. 652Western Union Telegraph Co. v. Waters (1903)
Tried before the Hon. Charles E. Senn. This action was brought by the appellee, J. L. Waters, against the Western Union Telegraph Company, to recover damages for failure to deliver a message sent to the plaint ill: by his agent. The complaint as originally filed contained three counts, numbered 1, 2, and 3.
139 Ala. 657Nunnelly v. Barnes (1903)
Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought by the appellant, M. Nunnelly, against the appellees. Originally the defendants Barnes and others were tenan s of one Rogers upon said land. Subsequently Rogers, the landlord, was made a party defendant to the suit. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently slated in the opinion.
139 Ala. 661State v. Durham (1903)
Appeal from tbe Circuit Court of Madison. Tried before the Hon. Osceola Kyle.
139 Ala. 662Gilliland v. Dunn & Co. (1903)
Appeal from the Circuit Court of Chambers. Tried before the 1-Ion. N. D. Denson.
139 Ala. 662Mayor of Birmingham v. Durham (1903)
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn.
139 Ala. 663Owens v. Fullington (1903)
Appeal from tbe City Court of Gadsden. Tried before tbe Hon. John H. Disqub.
139 Ala. 664Vanderbilt v. Webb (1903)
139 Ala. 664Minuetts v. State (1903)
139 Ala. 665Birmingham Railway & Electric Co. v. Jones (1903)
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn.
139 Ala. 665Tuscaloosa Belt Railway Co. v. Hepstall (1903)
Appeal from the County Court of Tuscaloosa. Tried before the Hon. Henry B. Foster.
139 Ala. 666Parker v. Montgomery (1903)
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilicerson.
139 Ala. 666Rogers v. State (1903)
Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas.
139 Ala. 667Louisville & Nashville R. R. v. Solomon (1903)
139 Ala. 667McCloud v. Mallock (1903)
139 Ala. 668Dunham v. Dunham (1903)
Appeal from the Chancery Court of Montgomery. Heard before the Hon. W. L. Parks.
139 Ala. 668Kansas City, Memphis & Birmingham Railroad v. Meeks (1903)
Appeal from the Circuit Court of Marion. Tried before the Hon. Ed. B. Almon.
139 Ala. 669Wood v. Hughes (1903)
Appeal from the Circuit Court of Franklin. Tried before the Hon. A. H. Alston.
139 Ala. 670Glenn v. First National Bank of Gadsden (1903)
Appeal from tbe City Court of Gadsden. Tried before the Hon. John H. Bisque.
139 Ala. 670Alabama Great Southern Railroad v. Wilds (1903)
Appeal from the County Court of Tuscaloosa. Tried before the Hon. J. J. Mayfield.
139 Ala. 671Nance v. Dearing & Orman (1903)
Appeal from the Circuit Court of Franklin. Tried before the Hon. A. H. Alston.
139 Ala. 672Sims v. Loeb (1903)
Appeal from the City Court of Montgomery, in Equity. Heard before.the Hon. A. D. Sayre.
139 Ala. 673Phillips & Buttorff Manufacturing Co. v. Goodwyn (1903)
Appeal from tlie Circuit Court of Marshall. Tried before the Hon. A. H. Alston.