Volume 140 — Alabama Reports

Tried before the Hon. J. A. Bilbeo. The appellant in this case, Thomas H. Kennedy, was indicted and tried for the murder of John Young, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. ' The State introduced as a witness one James Arnold, who testified that he was present at the time John Young was killed; that he and one Lee Crider, who was cousin of the witness Arnold, went with John Young to the house of the defendant about…

Tried before the Hon. William H. Thomas. The appellant in this case, John Williams, was indicted and tried for the mnrder of James Jones, by striking him with a bottle, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years.

Tried before the Hon. Osceola Kyle. The appellant in this case was indicted and tried for the murder of Bill Mann by shooting him with a pistol, was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for twelve years.

Tried before the Hon. J. A. Bilbiio. The appellant in this case was indicted and tried for murder in the second degree, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. The facts and circumstances under which the killing occurred are sufficiently stated in the opinion.

Tried before the Hon. John W. Mabry. The appellants, John Tipton and Tom Tipton, were indicted and tried for the murder of Fred Robbins, were each convicted for murder in the first degree, and sentenced to be hanged.

Tried before the Hon. N. D. Denson. The appellant in this case, Walter Wilson, was indicted for the murder of John Webb, was convicted of murder in the second degree and sentenced to the penitentiary for tiventy-five years.

Tried before the Hon. William S. Anderson. The appellant in this case, Tom Plant, was indicted and tried for the murder of Will Thomas, was convicted of murder in the first degree and sentenced to be hanged. Before entering upon the trial, the defendant moved the court to quash the venire. The grounds of this motion are sufficiently shown in the opinion. The court overruled the motion, and the defendant duly excepted.

Tried before the Hon. Paul Speake. The appellant in this case, Bud Bell, was indicted and tried for the murder of Frank Stewart, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for twenty years.

Tried before tbe Hon. N. D. Denson. Tbe appellant in tbis case, Will Bowen, was indicted and tried for tbe murder of Henry Cowan, by shooting bim with a gun, was convicted of murder in tbe second-degree and sentenced to tbe penitentiary for twenty years. Tbe evidence tending to show tbe guilt of tbe defendant was circumstantial. 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. John P. Hubbard. The appellant in this case, Tom Pitts, was indicted for the murder of Wesley Cooley, was convicted of murder in the second degree, and sentenced to the penitentiary for twelve years.

Tried before the Hon. J. C. Richardson. The appellant in this case, Kittie Osborne, was jointly indicted with Nelson Myrick for the murder of Neil Porter, was convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentiary for eight years. Upon being arraigned, the appellant moved for a severance. This motion was granted, and she was tried separately and apart from her co-defendant.

' Tried before the Hon. A. A. Evans. The appellant in this case, Uriah Porter, was indicted and tried for the murder of Joseph Fincher, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The defendant pleaded not guilty, and the statutory plea of not guilty by reason of insanity.

Tried before the Hon. A. H. Alston. Tbe appellant in this case, Will Talbert, was indicted and tried for the murder of Henry Hall, was convicted of murder in the first degree, and sentenced to be hanged. There Avas no conflict in the evidence as to the defendant having killed the deceased by striking him in the head Avith an axe.

Tried before the Hon Thomas W. Coleman, Jr. The appellant in this case, Jerry McClellan, was indicted and tried for the murder of Forney Williams, was convicted of murder in the first degree, and sentenced to the penitentiary for life.

Tried before the Hon. J. A. Bilbro. The appellant in this case, Wright Harbour, was indicted for the murder of one Nick Petty by shooting him with a gun or pistol. On the first trial of the defendant under such indictment, he was convicted of manslaughter in the first degree. This judgment of conviction was set aside, and a new trial was granted to the defendant.

Tried before the Hon. J. C. Richardson. At the Spring Term, 1902, of the circuit court of Butler county, the grand jury preferred an indictment against the appellant in this case and others, ivhich was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Charlie Turk, Lovett Turk and Zeb Turk, unlawfully and with malice aforethought, did assault Frank Phillips with the intent to murder, against .the peace and…

Tried before the Hon. John H. Disqtje. The appellant in this case, Walter Landtlirift, was indicted and tried for an assault upon “Emily McLain, a woman, with the intent to forcibly ravish her,” was convicted of the offense charged, and sentenced to the penitentiary for twenty years.

Tried before the Hon. William H. Thomas. The appellant in this case, Patsy Mitchell, was indicted and-tried for arson in the first degree, for willfully setting fire to or buring a dwelling house in which there was at the time a human being, was convicted of arson in the first degree, and sentenced to the penitentiary for ten years.

Tried before the Hon. A. A. EvAsts. The appellant in this case, Hayden Vann, was tried and convicted under an indictment which charged that he “sold spirituous, vinous or malt liquors without a license and contrary to law.” ' After the State had introduced Oscar Ellis, Andrew G-lover and Ellis Glover as witnesses, and they had left the witness stand, the defendant requested that each of said witnesses be brought back on the stand, the purpose being to lay a predicate for.…

Tried before the Hon. John P. Hubbard. The appellant in this case was tried and convicted under an indictment which was in words and. figures as follows: “The grand jury of said county charge that before the finding of this indictment Ed Lewis bet at a game played with cards or dice, or some device or substitute for cards or dice at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed, or given…

Tried before the Hon. Thomas W. Coleman, Jk. The appellant in this case, Buck Maxwell, was tried and convicted under an indictment which charged that he “sold, gave away, or otherwise disposed of spirituous, vinous or malt liquors without a license and contrary to law, against the peace,” etc. The cause was tried by the court without the intervention of a jury upon the following testimony: G. S. Harmon, a witness for the State, testified that within twelve months before the…

Tried before the Hon. John Moore. The appellant in this case was tried and convicted under an indictment which contained two counts.

Appeal form tbe Circuit Court of Clarke. Tried before tbe Hou. A. H. Alston. The appellant, Alex McIntosh, was indicted and tried for selling spirituous, vinous or malt liquors in Clarke county, contrary to law, was convicted of tbe offense charged and fined two hundred and fifty dollars.

Tried before the Hon. Terrt Richardson. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said county charge that, before the finding of this indictment, David Rowland did receive, conceal, or aid in concealing to-wit: One ten dollar greenback bill, paper currency, lawful money of the United States, a better description of which is to the grand jury unknown, the personal property of Sam Gray, knowing that it was stolen, and…

Tried before the Hon. William H. Thomas. The appellants in this case were tried and convicted for burglary, and were sentenced to the penitentiary for four years.

Appicau from tlie County Court of Tuscaloosa. Tried before the Hon. J. J. Matpiuld. The indictment under which the appellant, Joe Payne, was tried, contained two counts. The first count charged burglary of a dwelling house of Febby Mack.

Aptkal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. The appellant in this case, Robert Estes, was indicted, tried, and convicted for selling vinous, spirituous or malt liquors without a license and contrary to law.. On the trial of the case Jim Rosson, a witness, testified to having purchased whiskey from the defendant in Jackson county on Sunday night, August 26, 1902.

Tried before the Hon. S. L. Fuller. The appellants in this case were indicted, tried and convicted for posting and leaving obscene pictures and writing or printing on a dwelling. The facts of the case are sufficiently stated in the opinion. The term “dwelling” includes everything within the cur-tilage and the evidence showed that the writing was on a building within the curtilage. — 10 Am. & Eng.

Tried, before the Hon. Ed. Roaci-i. The prosecution in this case was commenced by an affidavit made before a justice of the peace, which charged the defendant, Nick Wilkerson, with having obtained money and property under false pretenses from the firm of D. L. Watson & Co. The affidavit was made by D. L. Watson, a member of said partnership. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. John C. Anderson. The appellant in this case, Albert Prince, was indicted, tried and convicted for unlawfully or wantonly killing three cows of the value of one hundred dollars, the personal property of Johnston S. Kyall. The indictment was signed by “Benjamin F. Elmore, solicitor of the First Judicial Circuit of Alabama.” It was endorsed “a true bill,” and was signed by the foreman of the grand jury.

Tried before the Hon. J. A. Bilbro. The appellant in this case, Luther A. Wilkerson, was indicted, tried and convicted for selling spirituous, vinous and malt liquors without a license and contrary to law. On the trial of the case the State introduced as a witness one John Kiesler, who testified that on February 19, 1901, he stopped at the defendant’s house in the town of Centre, in Cherokee county, and bought a pint of liquor from him and paid him 40 cents therefor.

Tried before the Hon. Daniel A: Greene. John Smotlierman was arrested by a police officer in the city of Birmingham, and incarcerated in the city prison. Thereupon he sued out a writ of habeas corpus before the judge of the criminal court of Jefferson county, asking for his discharge from custody.

Heard before the 1-Ion. A. I). Sayre. The proceedings in this case were had upon a petition being filed by the appellant, Jim Bray, addressed to Hon. .A. D. Sayre, Judge of the City Court of Montgomery, seeking, by a writ of habeas corpus, to be discharged from imprisonment. The facts of the case are sufficiently stated in the opinion.

Atubal from the City Court of Montgomery. Tried before the Hon. William H. Thomas.

Heard before the Hon. J. F. Sanders. The proceedings in this case were had upon a petition filed by the State of Alabama on the relation of Buck and others, constituting the Mayor and Conncilmen of the tOAvn of Elba, addressed to the Judge of the county court of Coffee county, in which the following facts were averred: Under the general dispensary law passed by the General Assembly of Alabama, approved on February 18, 1899, the petitioners as a legislative body of the town…

The proceedings in this case were instituted bj the petitioner filing an original petition for mandamus, addressed to the Judges of the Supreme Court, asking for the issuance of a writ of mandamus addressed to Hon. John P. Hubbard, Judge of the Twelfth Judicial Circuit. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.

Tbe petition in this case was originally filed in the Supreme Court by J. H. Haynes, and asked for a mandamus to be issued by the court directed to the Hon. B. 0. Jones, Judge of the City Court of Bessemer, commanding him to vacate an order rendered by him, setting aside a judgment by default which had previously been rendered in favor of the petitioner. Upon the filing of the petition, the respondent, B. C. Jones, filed his answer.

Tried before the Hon. John P.- Hubbard. The prosecution in this case was against John P. Moss, for failure to work a public road after being notified. The judgment entry in the case was in words and figures as follows; “Thereupon came a jury of good and lawful men, to-wit, T. 0.

Tried before the Hon. O. J. Semmes. The appellant in this case, Charles Brunson, was indicted, tried and convicted for trespass after warning. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.

Tried before the Hon. A. A. Evans. This was an action brought by the’ appellant, Mrs. E. C. Marshall, against the appellee, C. H. Bishop, to recover from the defendant, as endorser, an amount alleged to be due upon a note which was executed by one W. P. Long to the plaintiff, and which was endorsed by the defendant.

Tried before the Hon. A. A. Coleman. This action was brought by the appellant, Peter Holmes, by his next friend, against the Birmingham Southern Railroad Company, to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant or its employes. The substance of the several counts of the complaint is sufficiently shown in the opinion. The defendant pleaded the general issue and several special pleas.

. Heard before the Hon. William T-I. Simpson. The bill, as amended, was filed by the appellee, the Decatur Land Company, a corporation organized and existing under the laws of Alabama, against Mary C. Buckheit, George P. Buckheit and the Decatur Land, Improvement and Furnace Company, a corporation under the laws of the State of Alabama, and averred the following facts: On May 31, 1892, the defendants, Mary C. Buckheit and George F. Buckheit, purchased certain and…

Heard before the Hou. Thomas H. Smith. The bill in this case ivas filed by the appellant, the Old Dominion Telegraph Company, a corporation, against the appellees, John F. Powers, as sheriff of Mobile county, several of his deputy sheriffs, the solicitor of Mobile county, the mayor and general council of the city of Mobile, and the city attorney of the city of Mobile.

Arpear from the Circuit Court of Montgomery. Tried before the Hon. J. C. Rxci-iardson. This action Avas brought by the appellants, Abercrom-bie & Williams, a partnership, against W. F. Vandiver; and sought to recoAmr $150,000, alleged to be due under a contract for Avork and labor performed. There Avas a judgment in favor of the plaintiffs, fixing their recovery at $10,352.35.

Tried before the I-Ion. A. A. -Coleman. This action was brought by the appellee, Jack Williams, against the Alabama Great Southern Railroad Company, to recover damages for personal injuries, alleged to have been sustained by the plaintiff while in the employment of the defendant, by reason of the negligence of the defendant’s servants. The complaint, as amended, contained five counts.

Heard before the Hon. John H. Disque. Tlie bill in this case was filed by the appellants, W. Fowler & Company, a partnership' composed of W. Fowler and W. P. Lay, against the appellees, W. C. Bellinger, as the surviving partner of Bellinger Brothers and W. C. Bellinger, individually. The purpose of the bill and the averment of facts contained therein are sufficiently stated in the opinion. There was a motion made to dismiss the bill for the want of equity.

Heard before the Hon. Willam L. Parks. The bill in this case was filed by the appellant, W. E. Hanchey, against the Southern Home Building & Loan Association. The complainant was a borrowing member of the respondent association, and filed his bill for the purpose of having the contract under which he had borrowed the money, rescinded, and the mortgage securing the said contract cancelled.

Tried before tbe Hon. B. C. Jones. This was an action of detinue brought by the appellee, John Sanders, against the appellant, T. J. Goodgame, to recover the possession of a cow. The plaintiff based his title and ownership to the cow upon a purchase of' said cow from one Henry McFerrin.

Tried before the Hon. Thomas W. Coleman, Jr. The bill in this case was filed by the appellee, L. C. Coker, against the appellants, Mrs. S. L. Alexander and John M. Love, and its averments were in words and figures as follows: “First. That orator is the owner and in the peaceable possession of the following described lands, viz.: The southeast quarter of the northeast quarter of section two, township fifteen south, range six east in Calhoun county, Alabama.

Tried before the Hon. A. H. Alston. This was an action of assumpsit, brought by the appellant, the Equitable Manufacturing Company, a partnership, against the appellee, James M. Howard; and .sought to recover the purchase price of goods alleged to have been sold by the plaintiff to the defendant. As stated in the opinion, the complaint contained two counts. The defendant pleaded the general issue and four special pleas.

Tried before the Hon. John P. Hubbakd. This was an action brought by the appellees against. the appellants, and sought to recover damages for the breach of a bond given to secure the appointment of a receiver.

■ Tried before the Hon. W. W. Wilkerson. Albert E. Webb, the appellee, filed in the court below his bill for divorce from his wife, Mattie Webb, the appellant, on account of abandonment. The defendant filed answer denying the grounds set up for divorce, and averred she ivas driven from home by no fault of hers, but by her husband’s cruel and inhuman treatment.

Tried before the Hon. William H. Simpson. The bill in this case was filed by the appeliants against the appellee, J. N. Bright, and sought to have the court compel the defendant to remove obstructions to a public road and to restrain the defendant from interfering with defendant’s use of said road as a highway and from closing np or obstructing the same in any way. • It was averred in the bill that each of the complainants reside and owned farms along the north end of said…

I-Iearcl before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, Mary E. Tarwater, against John S. Going and G. W. Mills, J. M. Perkins and A. L. Fort, and prayed to have a certain deed which purported to have been executed by the complainant to the defendant, Perkins, set aside, can-celled and annulled as a cloud upon the complainant’s title to the land described in said deed.

Tried before the Hon. A. A. Coleman. This action was brought by the appellant, George H. Bube, against the Birmingham Railway, Light & Power Company, to recover damages for personal injuries inflicted upon Jacob Bube, the minor son of the plaintiff, by the defendant. The complaint contained two counts.

Heard before the Hon. Richard B. Kelly. The bill in this case was filed by the appellees against the appellants, T. H. Thornton and his wife, M. M. Thornton. The purpose of the bill is stated in the opinion. The defendant, T. H. Thornton, in -his answer to the bill, averred that the defendant, M. M. Thornton, who was his wife, died after the bill was filed, bnt before, the answer was filed.

Tried before the Hon. Wm. S. Anderson. This was a statutory action of ejectment brought by the appellee, Elizabeth Westervitch, against the appeh lant, George Dorian, to recover certain lands, specific-, ally described in the complaint. The claim to title on the part of both the plaintiff and defendant was derived from adverse possession.

Tried before the Hon. G. K. Miller. This suit was brought by the appellee, D. A. Farrell, against the appellant, T. J. Matthews. The complaint, as originally filed, contained five counts. The 1st and 5th counts were, after demurrer thereto, amended.

Tried, before the Hon. W. W. Wxlkerson. This action was brought by the appellee, J. F. Lindsey, against the Birmingham Bailway, Light & Power Company, to recover damages for personal injuries, alleged to have been inflicted upon the plaintiff while a passenger on a street car of the defendant. The complaint contained two counts. The substance of the aver-ments of these two counts are sufficiently stated in the opinion.

Tried before tbe Hon. A. A. Coleman. Tbis was an action brought by tbe appellant, James A. Hitcbell, against tbe appellee, A. A. Gambill, to recover for an assault and battery committed by tbe defendant on tbe plaintiff. Tbe complaint was in • tbe Code form. Tbe defendant pleaded six pleas. Tbe 1st, 2d and 3d pleas were tbe general issue. Tbe other pleas numbered 4, 5 and 6 were, upon tbe motion of tbe defendant, withdrawn.

Heard before the Hon. William L. Parks. The bill in this case was filed originally by the appellant, W. T. Robertson, against the Montgomery Base Ball Association, W. H. Ragland, as an individual and as treasurer of. said association, and William S. Stick-ney, as an individual and as the manager of the said Montgomery Base Ball Association.

Heard, before tbe Hon. A. D. Sayre. Tbe bill in this case was filed by tbe appellant, James Cbappell, against tbe appellee, J. T. Roberts. Tbe facts of tbe case are sufficiently stated in tbe opinion. . cited Mabel Min. Go. v. Pearson ¿to. Go., 121 Ala. 571; Harrison v. Yerby, 87 Ala. 185; 16 Am. & Eng. Encyc. Law, 424.

Heard before the Hon. William L. Parks. The hill in this case was filed by the appellant, Sidney Ross, against the appellee, E. A. deCampi. At the November term, 1900, of the circuit court of Montgomery county, E. A. deCampi, appellee in this case, recovered a judgment against Sidney Ross, the appellant, for one hundred and sixty dollars.

Tried before the Hon. Charles A. Senn. This was an action of assumpsit, brought by the appellant, W. C. Shackelford, as assignee of the Calhoun Mining Company, against the appellee, the Sloss Iron & Steel Company, to recover damages for the alleged breach of a contract made by and between the Sloss Iron & Steel Company and G-eorge C. Jones, doing business under the name of the Calhoun Mining Company. The complaint, as amended, contained seven counts.

Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellant against the appellees, and sought to have specifically performed a contract alleged to have been entered into between the complainants and the defendants. The facts of the case, so far as is necessary to an understanding of the decision on the present appeal, are sufficietly stated in the opinion.

Tried before tbe Hon. J. C. Bichardson. This action was brought by tbe appellees, Johnstone & Hammond, against tbe appellants, Beall Brothers, to recover a balance alleged to be due upon an account between the., plaintiffs, as cotton factors, and tbe defendants. Tbe complaint contained several special counts together with tbe common counts.

Heard before the Hon. R.. B. Kelly. The bill in this case was filed by the appellee, Ernest Amberson, against the appellants, T. L. Johnson and the Queen City Bank of Gadsden, and had for its purpose having declared a trust estate in certain shares of the capital stock of the Queen City Bank in favor of the complainant and to have the same enforced.

Tried before the Hon. John Pelham. This proceeding was instituted by the appellee, I. E. Watson, filing a petition addressed to the Judge of the Seventh Judicial Circuit, in which he averred that he was Clerk of the Circuit Court of Calhoun county; that he had presented to the commissioners court of said county an itemized account for $104, for copying the minutes of the circuit court for the year 1902, and that said account had been disallowed.

Tried before the Hon. H. C. Speake. This was an action of trespass on the case, brought by the appellee, A. E. Fields, against the appellant, J. H. Karter, and sought to recover damages for the sale and removal of cotton in the year 1893 by the defendant, upon which cotton the plaintiff claimed to have had a lien under and by virtue of a mortgage, of which lien and mortgage the defendant had knowledge or notice, and that by reason of such sale and removal of the cotton by…

Heard before the Hon. William H. Simpson. The bill in this case Avas filed by the appellee, D. N. Snodgrass, • against the appellants, W. Jasper Jackson and his A\dfe, Paralie Jackson.

Heard before the Hon. William L. Parks. The bill in this case was filed by. the appellant, L. W. Bell, against the appellee, the Southern Home Building & Loan Association, for the purpose of having certain contracts entered into by and between the complainant and the respondent rescinded, set aside and annulled.

Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment, brought by the appellants, Emmet O’Neal and O. F. Carson,… Held: that inasmuch as the instrument “had been recorded in the proper court of the proper county more than twenty years before the day of trial, the presumption was that its execution had been legally proved or acknowledged, and that the proper certificate had been written upon or under the deed.” In- the case of White v. Hutchins, the…

Tried before the Hon. J. A. Bilbro. This action was brought on November 26, 1901, by A. J. Sims, Jr., against S. L. Mardis, and others. The complaint contained two counts. The first count was in tro-ver, seeking to recover for the wrongful conversion by the defendants of a coav, and 700 pounds of seed cotton. The second count ivas in trespass, and sought to recover damages for the wrongful taking of seed cotton.

Tried before the Hon. John Pelham. The proceedings in this case were had upon a petition filed by the appellee, J. W. Hurt, as admnistrator of fhe estate of Sarah J. Hurt, deceased, addressed to the judge of the Seventh Judicial Circuit, holding court for the county of Calhoun. The averments of the petition are sufficiently shoAvn in the opinion.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee against the appellants. The purpose of the bill and the aver-ments thereof are sufficiently shown in the opinion. The respondents demurred to the bill for the non-joinder of proper parties defendant, and for the misjoinder of the widow and children of W. J. Robinson, deceased, as parties defendant.

Tried before tbe Hon. A. D. Sayre. Tbis was a statutory.action of ejectment, brought by tbe appellant, P. M. Boykin, against tbe appellee, Joseph S. Collins, to recover tbe psssession of lands specifically described in the complaint. Tbe lands bad formerly belonged to the plaintiff. Tbe grounds of tbe plaintiff’s contention and tbe facts of tbe case necessary to an understanding of -the decision on the present appeal, are sufficiently stated in tbe opinion.

Tried before the Hon. John H. Bisque. This action was brought by the appellant, Thomas L. Johnson, against the appellee, the Alabama Great Southern Railroad Company, to recover damages for the failure on the part of the defendant to deliver certain live stock, which the defendant had received as a common carrier, to be delivered to the plaintiff at Meridian, Mississippi, for a reward, at the request of the plaintiff.

Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellee, Ida Graham, against the appellants, George D. Noble and Ida P. Noble. The purpose of the bill and the facts as averred in the bill as amended, are sufficiently shown in the opinion.

Tried before tbe Hou. John C. Anderson. This action was brought by tbe appellants, Johnson Bros., against the appellees, John A. Selden and bis wife, Sallie A. Selden. Tbe complaint contained several counts. One count was a common count, in which the plaintiff sought to recover upon an account stated.

Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Samuel Beach-am, a miner, by his nest friend, against the Northern Alabama Coal, Iron & Railroad Company, and sought to recover damages for personal injuries, alleged to have been sustained by the plaintiff while in the employ of the defendant, by reason of his having been changed from his regular place or kind of labor and put to work in a more dangerous employment, whereby the plaintiff was…

Heard before the Hon. G. K. Miller. The hill in this case was filed by the appellees, Potts & Potts, against the appellant, Mattie M. Wood, and as amended averred, in substance, the following facts: One J. Matt Wood, together with G. E. Willman and E. C. Willman, on December 10, 1891, executed to complainants five bonds or notes under seal, for the sum of |214.75, each, payable respectively in 4, 5, 6, 7, 8 and 9 months after date, with interest.

Tried before the Hon. Osceola Kyle. This suit was brought by the appellants against the appellee. The second count which is stated in the opinion was for trespass, and it was averred therein that the defendant had trespassed upon certain specifically described lands and removed therefrom 6,000 cubic yards of sand at various and divers times during the years 1898, 1899, 1900, 1901 and 1902.

Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellant, the Eastern Granite Roofing Company, a corporation, against A. R. Chapman and O. D. Chapman, partners doing business under the firm name of Chapman & Co. The complaint contained three counts, the substance of which is sufficiently stated in the opinion. Among the special pleas filed by the defendant was the following: “8th.

Tried before tbe Hon. B. C. Jones. This action was brought by tbe appellee, J. L. Mat-tingly, against tbe appellants, and sought to recover $99.01, as tbe breach of tbe condition of an indemnity bond, which was executed by tbe defendant A. S. Leader as principal, and the other defendants, as sureties.

Heard before the Hon. M. N. Manning. The bill in this case, as amended, was filed by the ap-pellees, J. H. Watts, T. N. Watts and M. E. Watts, against the appellant, the Garnett Smelting & Development Company,, a corporation.

Heard before the Hon. William L. Parks. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Tried before the Hon. Osceola Kyle. The appellee in this case, J. M. Irwin, filed a petition, addressed to the Judge of the Eighth Judicial Circuit, in which he averred that he was the duly constituted, qualified and acting solicitor for the county of Lawrence, and as such was charged with the duty of prosecuting criminal cases in the county court of Lawrence, as provided by an act of the Legislature, approved February 10, 1899, entitled “An act to amend an act entitled an…

Tried before the Hon. Charles A. Senn. This action was brought by the appellant, John E. Fuqua, against the appellee, A. A. Gambill. As stated in the opinion, the complaint contained six counts; the 1st, 3d and 5th of which sought to recover damages for false imprisonment, and the 2d, 4th and 6th to recover damages for malicious prosecutions. In each of the counts of the complaint the plaintiff claimed $2,500 damages.

Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellee, Mrs. Annabella M. Tait, an heir and devisee of the estate of B. F. Noble, deceased, against the appellant, John S. Noble and Mrs. Mary T. Noble, the widow of the said B. F. Noble, deceased, and other devisees under the will of said B. P. Noble, deceased.

Appeal.from the City Court of Birmingham. Tried before the Hon. Charles A. Senn. Held: adopted a resolution which was in words and figures as follows: “Resolved, that we elect a captain of the police force to serve at night, next in rank to chief of police and to serve under the chief of police.

Heard before the Hon. John C. Carmichael. The appeal in this case is prosecuted from a decree dissolving a temporary injunction restraining the ap-pellees from disconnecting or interfering with a pipe line carrying water which the complainant had laid, and was operating and maintaining on and across certain lands owned by tbe appellees; the complainants having an interest in the mineral deposits of said lands. The facts of the case are sufficiently stated in the opinion.

Heai-cl before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, John H. Wallace, who is a property owner and tax-payer and resident citizen of Jefferson county, against A. J. Tar-rant, President of the Board of Revenue of Jefferson county, and the Board of Revenue of Jefferson county; and sought to have the respondents enjoined from advertising and making a contract for furnishing the necessary records, blank books, stationery and other supplies…

Heard before tbe lion. A. D. Savre. Tbe bill in this case Avas filed by tbe appellee against tbe appellants. Tbe averments of tbe bill, necessary to an understanding of the decision on tbe present appeal, are sufficiently shoAvn in tbe opinion.

Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellants, A. S. Harrison and George W. Harrison, against the appellee, D. H. Maury.

Heard before the Hon. Citas. A. Senn. The appellant filed a petition for a mandamus to compel the appellee to admit his son as a pupil in one of the public schools of Birmingham, and to accept the use of certain books. The object of the application is to test the validity of the act known as the “Uniform Test Book Law,” approved March 4th, 1903. — Acts, 1903, p. 167.

Tried before the Hon. A. A. Coleman. Tbis action was brought by the appellant, James A. Mitchell, against the appellee, A. A. Gambill, to recover damages for false imprisonment and malicious prosecution. The complaint as amended contained five counts. The first and second counts were in words and figures as follows: “1.

Heard before the Hon. Thos. H. Smith. This is the second appeal in this case.

Tried before the Hon. Charles A. Senn. This was an action brought by the appellee against the Tennessee Coal, Iron & Railroad Company to recover damages for personal injuries. The facts of the case are sufficiently stated in the opinion.

Tried before tbe Hon-. A. A. Coleman. Tbis action was brought by tbe appellee, Charles Morgan, against tbe appellant, Henry Mansfield. Tbe complaint in tbis case contained five counts. Tbe first and second seek to recover for tbe breach of a contract, and tbe third, fourth and fifth are common counts. Tbe plaintiff demurred to the several counts of tbe complaint, but only the demurrers to tbe first count are here insisted on.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Mrs. M. Y. Shook, against her husband, B. F. Shook, and the Southern Building & Loan Association. The purpose of the bill is sufficiently stated in the opinion.

Tried before tbe Hon. A. A. Coleman. This action was brought by tbe appellee, R. A. S. Freeman, against tbe Central of Georgia Railway Company, to recover damages for personal injuries; tbe plaintiff claiming $20,000. Tbe facts of tbe case necessary to an understanding of tbe decision on tbe present appeal are sufficiently stated in tbe opinion. There were verdict and judgment for tbe plaintiff, assessing bis damages at |10,000.

Heard before the Hon. Citas. A. Senn. The bill in this case was filed by the appellees, Dora Robertson and her minor children, suing by said Dora Robertson as their next friend, against the appellants. The bill as amended avers the following facts: Reuben Robertson died testate in October, 1884, and his last will and testament was duly probated in the probate court of Jefferson county, where he resided at the time of his death, and where his property was situate.

Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, E. F. Brown, against the Mayor and Aldermen of Birmingham, a municipal corporation, and sought to enjoin the defendant, its officers, servants and agents from the enforcement of an alleged ordinance which is claimed to have been adopted by the defendant at its regular meeting on July 15,1903. Said ordinance is set out at length in the bill of complaint.

Tried before the Hon. Wm. S. Anderson. This was an action brought by the appellants, a partnership, against the appellees, a partnership, and sought to recover the price of certain articles of merchandise which were sold by the plaintiffs to the defendants. The complaint contained the common counts for an amount due by account on an account stated, and for goods wares and merchandise sold by plaintiffs to defendants.

Heard before the Hon. Ti-ios. W. Coleman, Jr. The proceedings in this case were in the nature of quo warranto, and were instituted by the State upon the information of Thomas K. Scott, filing his petition addressed to the judge of the city court of Anniston against the United States Endowment & Trust Company, for the purpose of having the charter of said corporation, which was granted by a special act of the Legislature, declared forfeited and annulled.

Heard before the Hon. John C. Carmichael. This is an appeal from a decree overruling motion to dissolve an injunction for want of equity in the cross-bill filed by appellee. The original bill was filed by H. E. DeBardeleben against the Bessemer Land & Improvement Company.

Tried before the Hon. W. W. Wilkerson. This was a statutory action of ejectment, brought by the appellants against the appellees. The facts of the case are sufficiently stated in the opinion.

Heard before tbe Hon. A. H. Sayre. Tbe present case grows out of a proceeding instituted by the City Council of Montgomery for tbe purpose of enforcing the payment of an assessment upon property owned by the appellee, Ella Moore, for paving a street upon which said property abutted in the city of Montgomery.

<p>Appeal from Order of Probate Judge of Monroe County.</p> <p>Heard before tbe Hon. N. J. Stallworth.</p>

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

<p>Appeal from the Chancery Court of Tuscaloosa.</p> <p>Heard before the Hon. John C. Caemichael.</p>

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

<p>Appeal from the City Court of Montgomery.</p> <p>Tried before the Hon. A. D. Sayre.</p>

<p>Appeal from Order of Probate Judge of County of Bibb.</p> <p>Heard before the Hon. W. L. Pratt.</p>

<p>Appeal from tbe County Court of Tuscaloosa.</p> <p>Tried before tbe Hon. Henry B. Foster.</p>

<p>Appeal from order of judge of probate of Bibb county.</p> <p>Heard before tbe Hon. W. L. Pratt.</p>

<p>Appeal from the City Court of Talladega.</p> <p>Tried before the Hon. G. K. Miller.'</p>

<p>Appeal from the Chancery Court of Cullman.</p> <p>Heard before the Hon. Wm. H. Simpson.</p>

<p>Appeal from tbe City Court of Selma.</p> <p>Tried before tbe Hon.’John.W. Maury.</p>

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

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

<p>Appeal from the Chancery Court of Pike.</p> <p>Heard before the Hon. William L. Parks.</p>

<p>Appeal from the Chancery Court of Pike.</p> <p>Heard before the Hon. William L. Parks.</p>

<p>Appeal from tbe City Court of Montgomery.</p> <p>Tried before tbe Hon. A. D. Sayre.</p>