Volume 40 — Alabama Reports

<p>[INDICTMENT for assault with intent to murder.]</p> <p>1. Construction of MU of exceptions. — A recital in the hill of exceptions, in a criminal case, that “the refusal of the court to give the charge asked, and the conviction and sentence, are assigned as error”, is equivalent to an exception to the conviction and sentence.</p> <p>2. Proof of venue. — In a criminal case, if the hill of exceptions purports to set out all the evidence, and does not show that the venue was proved; and an exception was reserved to the conviction and sentence, though no specific charge was given or asked in reference to the proof of venue, — the judgment will he reversed on error on account of the defect in the evidence. (Walker, C. J., dissenting.)</p>

From tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Wm. S. Mudd.

From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The bill of exceptions in this case is as follows: “ The defendant was indicted at the November term, 1860, of said circuit court, for gaming; the indictment being in the usual form.

Erom the Circuit Court of Lowndes. Tried before the Hon. E. Bugbee. The indictment in this case was found on the 26th October, 1865, and charged the prisoner, Stephen Miles, a freedman, with feloniously breaking and entering “a smokehouse, a building within the curtilage of the dwelling-house of Aquilla Miles, but not forming a part thereof, with intent to steal,” and stealing therefrom one thousand pounds of bacon, of the value of three hundred dollars.

From the Circuit Court of Madison. Tried before the Hon. W. J. Haralson.

Erom the Circuit Court of Tuskaloosa. Tried before the Hon. Wk. S. Mudd.

Erom the Circuit Court of Sumter. Tried before the Hon. Jambs Cobbs.

From tbe Circuit Court of Sumter. Tried beforeJbe Hon. James Cobbs.

Tried before tbe Hon. F. Bugbee. The transcript in tbis case contains only tbe judgment nisi, tbe scire facias thereon, and tbe judgment final, which are in tbe following words: “The State vs. C.B. Smith.}May 17,1864.

Erom the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd.

From the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd.

Tried before the Hon. Wm. S. Mudd. The indictment in this case contained two counts, each describing the prisoner as “ a freedman of color f the first charging that he “ unlawfully, and with malice aforethought, did assault one Joseph W. Gillem, with the intent to murder him” ; and the second, that the assault was made “ with a stick and an axe,” and “ with the intent to kill and murder.” The defendant pleaded not guilty, and issue was joined on that plea.

From the Circuit Court of Bibb. Tried before the Hon. B. F. Saeeold.

Appxícations for the writ of mandamus to the City Court of Montgomery, Hon. B. S. Bibb presiding. The two cases were argued and submitted at the last term of the court, and were held under advisement until the present term. In Ex parte Pollard, the petitioner, as surviving partner of the late firm of Thiess & Pollard, instituted an action in said city court, on the 9th January, 1866, against ’Willliam Falconer; and the summons was duly executed on the 10th January.

The petition in this case alleged, tbat in November, 1865, tbe petitioner rented or leased a tract of land, situated near tbe city of Montgomery, from Mrs. Laura Holt, for tbe term of one year from tbe 1st December, 1865, entered into possession under said contract, and planted a crop; tbat in February, 1866, Mrs. Holt instituted an action of unlawful detainer against bim, and recovered a judgment before tbe justice of tbe peace for tbe possession of tbe land; tbat tbe cause…

The application was made by citizens of said county, and was first addressed to the Hon. P. G. Wood, judge of the city court of Selma, by whom it was refused.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 2d May, 1866, by John W. Hinson, against E. B. Lott, who was the… Held: in The State of Maryland v. Brotan, (12 Wheaton, 219,) that importation implies the right to sell, “so long as the articles are in the original bales or packages,” the supreme court of Alabama, in the case of Dorman v. The State, has declared an act prohibiting the sale of intoxicating liquor (which may have been imported) in a…

Tried before the Hon. E. Bugbee. This action was brought by Joseph Beasley, against Charles Douglas and Elisha A. Hearne, and was commenced on the 15th December, 1868.

In tbe matter of tbe estate of Jebu W. Geron, deceased on tbe application of Eobert W. Coltart for tbe revocation of letters of administration previously granted by said probate court to Minerva Allen. Tbe grant of administration to tbe defendant was made on tbe 16tb December, 1865, under a petition wbicb alleged that tbe decedent was a resident of Jackson county at tbe time of bis death.

Application by H. G. Stickney, William Owens, H. O. Caulkins, and J. W. Bennett, for the writ of prohibition, or other remedial process, to be issued to the circuit court of Montgomery, for the purpose of vacating and setting aside an order made by that court at its December term, 1865, (Hon. E. Bugbee presiding,) in the matter of an alleged contempt.

Heard before tbe Hon. Jos. E. John. The bill in this case was filed on the 8th June, 1855, by Edward High, as the administrator of his deceased wife Nancy, who was a daughter of Adonijah Worley, deceased, against Mrs. Frances Worley, who was the widow and administratrix with the will annexed of said Adonijah; and sought a settlement and distribution of the estate of said Adonijah according to the provisions of his will.

Tried before the Hon. Bobert Dougherty. This action was brought by Jere. Butt, against D. T. Halliday, to recover the value of medical services rendered by the plaintiff as a physician prior to the 1st day of January, 1857; and was commenced on the 1st September, 1858.

Tried before the Hon. H. Chamberlain. The appellants in this case filed a libel in admiralty, on . the 30th March, 1866, against the steamboat Belfast-, claiming fifty-eight hundred dollars, the alleged value of twenty-nine bales of cotton, which, with other bales, were shipped on said boat at Columbus, Mississippi, to be transported to Mobile, and were never delivered to the consignees.

In tbe matter of tbe estate of James Clemens, deceased, on tbe application of James L. Clemens for tbe revocation of letters of administration previously granted by said court to L. P. Walker and B. C. Brickell. Tbe petition was filed on tbe 3d March, 1866, and was under oatb.

Tried before tbe Hon. Pouter King. This action was brought by Joseph W. Bullard, and Martha R. Bullard, his wife, against Samuel Lambert, to recover damages for certain alleged slanderous words spoken by defendant concerning Mrs. Bullard, imputing to her a want of chastity. The defendant pleaded, “ in short by consent,” not guilty, justification, and the statute of limitations of one year; and issue was joined on all these pleas.

Tried before the Hon. E. Bug-bee. This action was brought by Howell Eose, against Nathan and David TV. Bozeman, and was commenced by original attachment, issued on the 4th August, 1865.

Tried before tbe Hon. Wm. J.’ Haralson. On the 12th March, 1866, James L. Clemens filed his petition in said court, praying a mandamus, or rule nisi for a mandamus, against Robert D. Wilson, the probate judge of said county, requiring him to grant letters of administration on the estate of James Clemens, deceased, to F. P. Ward and W. W. Garth, or to some other suitable person.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 10th January, 1866, by Eben Kirk, against Josiah Morris, W. O. Bay, A. E. Given, E. H. Metcalf, D. Browder, Edward H. Wilson, the Bank of Louisiana, (a corporation chartered under the laws of Louisiana, and doing business in the city of New Orleans,) and A. H. Johnson, the sheriff of Montgomery county.

Tried before the Hon. Bobert Dougherty. This action was brought by Harrell, Nichols & Co., against Daniel H. McCoy, to recover the amount alleged to be due on “a promissory note made by McCoy & Goss on the 20th March, 1857, and payable five months thereafter to the said Daniel H. McCoy, being one of the firm of McCoy & Goss, with interest thereon and protest fees”; and was commenced on the 8th August, 1859.

Tried before the Hon. Robert Dougherty. This action was brought by Monroe Cadenhead, against Mrs. Priscilla Zachary, and was commenced on the 12th September, 1859.

Tried before the Hon. Jno. K. Henry. This was a motion for a j'udgment on an award, in favor of Geo. W. Chambers, and against James A. Crook.

In the matter of the estate of George Sowell, deceased, on the petition of Robert G. Sowell to set aside the probate of the last will and testament of said decedent, and to revoke the letters of administration previously granted by said court to George N. Traywick.

In the matter of the «estate of Sarah M. Johnson, deceased, on the application of John D. Johnson and Charles E. Johnson to set aside an order for the sale of the real estate.

Tried before the Hon. Jno. Gill Shorter. This action was brought by Mrs Elizabeth White, against Stephen Hutchings, to recover a lot in the city of Montgomery, which is described in the deed hereinafter copied.

Tried before the Hon. Robert Dougherty. The appellee in this case commenced suit by original attachment, on the 13th October, 1856, against John Q. A. and William Lynch, as partners.

Tried before the Hon. Eobert Dougherty. This action was brought by Jebiel Lillie, against E. C. Jarrell, and was commenced on tbe 24th August, 1859.

Heard before the Hon. John Foster. The original bill in this case was filed, on the 7th February, 1857, by Mrs. Angeline Simmons, suing by her next friend and husband, James W. Simmons, against George Elrod, who was her father; and sought an account of the defendant’s acts, as agent for the complainant, in the transaction of business relating to the estate of Edward Henry, deceased, who was the complainant’s former husband, and of whose estate she was the administratrix.

Tried before the Hon. J. McCaleb Wiley. This action was brought by Eoger Parish, “ as trustee for Annis Parish, his wife,” against James W. Balkum, to recover a slave named Edmund, together with damages for his detention; and was commenced on the 23d March, 1861.

In the matter of the final settlement of the accounts and vouchers of Charles J. Reynolds, as administrator of James Thurmond, deceased.

Tried before the Hon. Porter King. This action was brought by Walter Barrett, against Isaac M. Hicks, as one of the sureties on .the official bond of David Lankford as administrator of Jesse Lankford, deceased; and was commenced on the 15th September, 1859.

Tried before the Hon. C. W. Rapier. Tee appellee in this case filed a libel in admiralty against the steamboat Sumter, on the 15th day of August, 1865. The boat was seized on the same day, and the appellants intervened as stipulators.

- Tried before tbe Hon. Bobert Dougherty. This action was brought by Joshua Hightower, against Charles Foster; was founded on a promissory note executed by tbe defendant, payable to one Benjamin Jowers, and endorsed by him to tbe plaintiff; and was commenced on tbe 7th January, 1858.

In the matter of the petition of Mrs. Sarah J. Griffin, to vacate and set aside a decree which had been rendered against her by said probate court, on final settlement of her accounts and vouchers as administratrix of the estate of Thomas Griffin, deceased. The petition was filed on the 5th February, 1866, _ and the decree which it sought to set aside was rendered on the 18th December, 1864.

In the matter of the application of Nathan Cox, a freed- ' man, for the revocation of letters (or indentures) of apprenticeship granted by said court to Erancis G. J ones over the petitioner’s minor children.

N. W. Cocke, chancellor of the southern chancery division, presiding in the chancery court at Mobile, requiring him to proceed and hear a certain cause pending in said court, wherein the petitioner, David M. Hewitt, is plaintiff, and his wife, Mrs. Eliza Jane Hewitt, is defendant. The bill was filed on the 3d May, 1866, and sought a divorce a vinculo matrimonii.

Heard before the Hon. James B. Clark. The bill in this case was filed on the 29th February, 1856, by Alfred Fuller, against his sons, John B. and ¥m. Fuller, and others ; and sought the cancellation of a deed, on the grounds of fraud, duress, and undue influence.

From the Circuit Court of Tuskaloosa. Tried before the Hon. John Henderson.

From the City Court of Mobile. Tried before the Hon. H. Chamberlain.

From the Circuit Court of Dallas. Tried before the Hon. John Moore.

From the City Court of Mobile. Tried before the Hon. H. Chamberlain.

From the City Court of Mobile. Tried before tbe Hon. H. Chamberlain.

Ebom the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.

From tbe Ch’cuit Court of Cboctaw. Tried before tbe Hon. John Moore. Tbe indictment in tbis case was returned into Gourt on tbe 8tb March, 1866, and contained four counts. In tbe first count, tbe prisoner was described as “Tempe, if known by any other name, to tbe grand jury unknown, a freed-woman”; and in tbe other counts no descriptive words were added to tbe Christian name.

From the Circuit Court of Bibb. Tried before the Hon. John Moore.

From tbe Circuit Court of Marengo. Tried before tbe Hon. James Cobbs.

From tbe Circuit Court of Lawrence. Tried before tbe Hon. Yi. B. Wood. The indictment in tbis case was found at tbe fab term, 1863, and charged tbe defendant, Wibiam Michael, witb an assault and battery on Mrs. Martba J. Powell. Tbe capias was not executed until tbe 3lst January, 1866. At tbe spring term, 1866, tbe cause was continued by tbe State.

From the Circuit Court of Bibb. Tried before the Hon. John Moobe.

Erom the Circuit Court of Bibb. Tried before the Hon. John Moore.

Wreford, after its refusal by Hon. Thomas M. Arrington, presiding in the city court of Montgomery. The prisoner was indicted, by a special grand jury, on the 6th March, 1867, for willfully setting fire to a store-house in the city of Montgomery ; and was tried during the March term of said city court, under said indictment.

From the Circuit Court of Greene. Tried before the Hon. James Cobbs. The defendants in this case, who were freedmen, were indicted at the October term of said circuit court, 1865, for the larceny of two mules; were tried and convicted at the same term, and sentenced to ten years’ imprisonment in the' penitentiary.

Tried before the Hon. C. W. Rapier. This action was brought by Thomas Short, against Joseph Smith, to recover the sum of three hundred dollars, alleged to be due for “ board and lodging furnished by plaintiff to Hartsfield, wife, and servant, at the request of the defendant and was commenced on the 24th November, 1864.

Appeal, from tlie Probate Court of Dallas. In tbe matter of tbe final settlement of tbe accounts and vouchers of Anderson Holmes, as guardian of William Holmes, a minor, by William B. Modawell, guardian of tbe person and property of said Anderson Holmes, wbo bad been declared non compos mentis.

Tbe record does not show tbe name of tbe presiding judge. This action was brought by tbe appellants, suing as partners, against A. J. Brazleton, and was commenced by original attachment. Tbe attachment was sued out on tbe 1st December, 1865, and was made returnable to tbe next term of tbe circuit court.

Tried before the Hon. James Cobbs. The appellee in this case commenced suit by summons and complaint, on the 15th February, 1861, against Latón Sanders; and on the same day sued out process of garnishment against the appellant, as the debtor of said Sanders, The defendant having died pending the suit, (the record does not show at what time,) a scirefacias was issued to Obadiab Belcber, as bis administrator; and at tbe November term, 1866, a judgment was rendered against said…

Tried before the Hon. Jno. K. HenbY. This action was brought by Abijah Miller, as executor of the last will and testament of David Bethea, against Malcolm W. Smith, to recover a negro woman by the name of Zena, together with damages for her detention; and was commenced on the 8th September, 1860.

In the matter of the final settlement of the accounts and vouchers of John H. Jones, deceased, as administrator of the estate of Eobert H. Jones, deceased, by F. A. Bates, the administrator of said John H. Jones.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 17th September, 1863, by Anthony E. Bogers, ■ against Daniel -H. Gentry, and sought the specific performance of a contract for the sale of a tract of land. The chancellor’s decree in favor of the complainant, with other matters which require no particular notice, is now assigned as error.

In the matter of the final settlement of the accounts and vouchers of Warren T. Stone as guardian of Susan A. Y. Merriwether, a minor, now the wife of A. B. Watson. The letters of guardianship were granted by said probate court on the 13th February, 1857. The guardian filed his accounts and vouchers for a settlement on the 30th September, 1865; and the final settlement was made on the 25th November, 1865.

Tried before the Hon. James Cobbs. This action was brought by Robert Bates, against Edward A. Blunt; was founded on a promissory note, which was described in the complaint, as “made by said defendant on the 1st day of February, 1864, and payable one day after date, with interest thereon from date and was commenced on the 22d October, 1865.

In the matter of the final settlement of the accounts and vouchers of John E. McDowell, as the administrator of the estate of William W. Eobinson, deceased. Letters of administration on the estate of said decedent were granted to said McDowell, on the 15th July, 1863.

Heard before the Hon. James B. Ciare. The bill in this case was filed on the 28th April, 1858, by William Costley, against James D. Phillips, Claudius B. Henderson, John R. Henderson, Isaac Morris, William Davidson, Dozier Thornton, and the personal representative and heirs-at-law of Alexander Burns, deceased; and sought to procure the legal title to an undivided moiety of a certain tract of land, which was particularly described in the bill, and which the complainant…

In the matter of the estate of William Kirby, deceased, on the application of John Kirby and others, claiming to be the heirs-at-law of said decedent, for the revocation of the probate of his nuncupative will. The decedent died on the 30th December, 1846.

In the matter of the final settlement of the accounts and vouchers of Chelsea M. Cook, as guardian of John H. Neilson, a person of unsound mind. The letters of guardianship were granted on the 13th December, 1861; and the final settlement was made, after several continuances, on the 8th January, 1866.

Tried before the Hon. S. O. Posey. This action was brought by Bedding Garrison, against Andrew Burden, to recover damages for the seduction of the plaintiff’s wife; and was commenced by original attachment, which was sued out on the 13th May, 1861. At the fall term, 1863, the defendant’s death was suggested; and the cause was ordered to be revived against his personal representative, when made known.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 30th January, 1866, by Mrs. Fanny Dent, the widow of Dennis Dent, deceased, against Bobert H. Slough. Its material allegations, with the corresponding numbers of the paragraphs of the bill, are the following: 1. The complainant and said Dennis Dent were married in December, 1855; and the complainant then owned, or was entitled to, a separate estate, under the laws of Alabama. 2.

Tried before the Hon. John K. Henrx. This action was brought by the executors of L. L. Lang-ham, deceased, against John W. Leslie, and was commenced on the 16th April, 1866.

In the matter of the petition of Mrs. Anna Whitten, the wife of C. H. Whitten, for an allotment to her of certain articles of household and kitchen furniture, which were in her possession, and which she claimed under section 1738 of the Code. The record does not show when the petition was filed. The cause was heard on the 12th February, 1867.

Bsr the matter of the estate of James McCartney, deceased, on the application of Matthew H. Bone and Martha, his wife, (formerly the widow of said James McCartney,) to compel a final settlement of the accounts and vouchers of Fleming Jordan, as administrator. The deceased died in 1831; and letters of administration on his estate were granted by the orphans’ court of said county, on the 29th August, 1831, to said Fleming Jordan and the decedent’s widow.

Heard before the Hon. S. K. MoSpadden. The original bill in this cause was filed, on the 23d November, 1863, by Alexander Woods, against the widow, personal representative, and heirs-at-law of Benjamin A. Brooks, deceased; and sought to enforce a vendor’s hen for the unpaid purchase-money of several town lots in Jacksonville. The lots were sold to said Brooks, in December, 1860, by Philip Beacham; and a deed, conveying the title to him, was executed by said Beacham and wife.

Tried before the Hon. Robert Dougherty. This action was brought by Nathan Griel, against William H. Hunter, and was commenced on the 16th February, ■1859.

In tbe matter of tbe estate of Matthew Matthews, deceased, on tbe application of Milton J. Moore, tbe administrator, for an order to sell tbe real estate for tbe purpose of making a fair and equitable division among tbe heirs-atlew Tbe petition was filed on tbe 21st September, 1864. An order for tbe sale of tbe lands was made on tbe 14th November, 1864.

Heard before the Hon. Wade Keves. The original bill in this case was filed, on the 28th August, 1857, by Eobert E. Wright, Eobert B. Smyth, and William Wright, as creditors of James Williams, deceased, against the personal representative, of said Williams, S. S. May, John C. Lassiter, Benjamin Kelly, John W. Burns, and William L. Williams; and sought to subject to the satisfaction of the complainants’ several debts a town lot in Greenville, which had been once sold under…

Tried Before the Hon. Wm. S. Mudd. This action was brought by Nathaniel Hawkins, against Isaac S. Nelson, to recover a horse, together with damages for his detention; and was commenced on the 19th February, 1866. “ On the trial,” as the bill of exceptions states, “ the evidence showed that, on Tuesday, the 28th day of March, 1865, the horse sued for was the property of the defendant, and was in his possession in said county, and was forcibly taken from his possession, on…

In the matter of the estate of William Forrester, senior, deceased, on final settlement of the accounts and vouchers of William Forrester, junior, and David Spradling, as administrators. The record shows that special letters of administration were first granted to said administrators, and afterwards general letters of administration; but it does not show the date of either of said appointments.

Heard before the Hon. James B. Clare. The bill in this case was filed on the 11th May, 1858, by Charles G. Gunter, George T. Gunter, and Wynn B. Gowen, as surviving partner of the late firm of W. B. Gowen & Co., (the two latter suing for the use and benefit of said Charles G. Gunter,) against John I). F. Williams, and Emily, his wife; but the bill was afterwards amended by striking out Gowen’s name as a party plaintiff.

JOHN FOSTER. Ti-ie bill in this case was filed, on the 10th December, 1858, by James Moore, against the personal representatives, widow, and children and heirs-at-law of Amos B. Murrah, deceased; and sought the specific performance of a contract, by which, as alleged in the bill, Murrah agreed to advance the money necessary to enter a tract of land of which said Moore was in possession, and to which he had a pre-emption right, take the title from the government in his own…

In the matter of the estate of Parker O. Noles, deceased, on the application of the administrators for an order to sell the real estate for the purpose of making an equitable division among the heirs.

In the matter of the final settlement of ■ the accounts and vouchers of Peyton T. Graves, as guardian of Christiana (or Anna) Turner, a minor, now the wife of Charles H. ■ Whitten. The letters of guardianship were granted by said probate court on the 5th November, 1863; and the guardian filed his accounts and vouchers for a final settlement on the 23d December, 1885.

Tried before the Hon. John Henderson. The appellant in this ease obtained a judgment in said circuit court, against the appellee, on the 28th February, 1866. The action was in trover, for the conversion of a “copper still,” and was commenced on the 16th September, 1862; the summons being executed on the 20th September, by one J. B. Watson, as special deputy of the sheriff. The judgment was by default, with writ of inquiry, which was executed,on the same day.

Heard before the Hon. N. W. Cocke. The bill in this cause was filed on the 28th December, 1865, by Frank David, against Frederick B. Shepard. Held: see 1 Story’s Equity, § 330 ; Adams’ Equity, 150 ; 24 Miss. 614 ; 19 Ala. 481; 22 Ala. 548; 18 Ala. 182; 16 Ala. 714; 34 Ala. 595; 36 Ala. 86, 589 ; 1 Spence’s Equity, 550. 2. The bill is one for relief, and not merely for discovery.

In the matter of the estate of Elizabeth Summersett, deceased, on the application of Alexander Summersett, the administrator, for an order to sell the lands for the purpose of making an equitable division among the heirs.

Tried before tbe Hon. JOHN K. Henky. This action was brought by William N- Beak, against Augustus Carter, and was commenced on the 4th Februaryj 1861.

Tried before tbe Hon. John K. Henry. This action was brought by D. J. Ferguson and Benjamin Newton, against Herbert Carter, and was commenced on tbe lOtb October, 1860.

Heard before the Hon. James B. Claek. The original bill in this case was filed on the 26th June, 1858, by Catherine Campbell, against William B. Magruder, and theheirs-at… Held: that the new matter thus set up was no bar to the relief sought by the bill; and he therefore rendered a final decree in favor of the complainant, and ordered a sale of the land, in default of the payment, by a day certain, of the amount ascertained to be due on account of the unpaid purchase-money.

Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 31st August, 1857, by Milledge W. Preskett, against Stephen Day» Yancey McYay, and William D. Benson; and sought principally the reformation of a bond for titles, which was executed by said Stephen Day, to said McYay, on the 7th December, 1849, so as to make it include a part of the land which was omitted by mistake.

The bill of exceptions in this case, and the judgment-entry, both recite that the presiding judge, Hon. James Cobbs, “ being disqualified to try the cause, by reason of his having been of counsel for the plaintiff, thereupon, by consent of both parties, Walter L. Bragg, esquire, was called to preside on the trial of the cause.” The appellant, William S. Horton, moved the said circuit court, at its November term,' 1866, to enter a judgment in his favor, against Anderson J.…

Heard before the Hon. James B. Clark. The Lili in this case was filed, on the 31st day of March, 1869, by the heirs-at-law of Samuel P. Dennis, deceased, against Wilson Williams, Thomas J. Osborne, and Tilman V. Osborne; and sought to enforce a vendor’s lien for the unpaid purchase-money of land.

Tried before the Hon. John Cochran. This action was brought by John G. Gilmer, against Michael Madden, and Mary Madden, his wife, and was commenced on the 30th March, 1861.

Application by Bufus E. Andrews and Charles A. Mott, for a mandamus to tbe circuit court of Montgomery, Hon. Geo. Goldthwaite, presiding, requiring that court to transfer to tbe Federal court of tbe district a certain suit pending in said circuit court, wherein Elmore, Keyes & Morrisett were plaintiffs, and said Andrews and Mott were defendants jointly with Bichard Busteed.

From the Circuit Court of Autauga. Tried before the Hon. John Moore. - The indictment in this case, which - was returned into court on the 3d April, 1867, contained but a single count, which charged that the prisoner, Ira Graham, alias diotus Ira Smith, “willfully set fire to,. or burned, a cotton-house of Ely Sears, which, with the property therein contained, to-wit, four bales of cotton, was of the value of more than five hundred dollars; against the peace and dignity,”…

From the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This case originated in the county court, on the affidavit of Wiley Ward, charging that, “on the 20th December, 1866, Alexander Balkum did assault him with a stick”; and the judge of the county court thereupon issued his warrant for the arrest of the defendant, addressed to any constable. The record does not show what proceedings were had in the county court.

From the Circuit Court of Perry. Tried before the Hon. John Moore.

From the Circuit Court of Henry. Tried before the Hon. H. I). Clayton.

Tried before the Hon. Francis Bugbee. The information in this case was filed, on the 18th.

From tbe Circuit Court of Cherokee. Tried before the Hon. ¥i. J. Haralson. The prisoner in this case, William Hall, was indicted at the November term, 1865, for the murder of his wife, Mrs. Margaret Hall; and was tried, on issue joined on the plea of not guilty, at the May term, 1867.

Tried before the Hon. James Cobbs. The judgment nisi, the scirefacias, and the judgment final, as set out in the record in this case, are in the following words: “ The State of Alabama y vs. >• James Stephens, and John Grand.) It appearing to the satisfaction of the court, that James Stephens and John Grand agreed to pay the State of Alabama the sum of two hundred dollars, unless the said James Stephens appeared here at this term of the court, to answer to the State of…

Application by John F. Rivers, for a writ of mandamus to the circuit court of Barbour, Hon. J. Mo Caleb Wiley presiding, requiring that court to strike from the docket a certain criminal cause, wherein the State of Alabama was plaintiff, and said Rivers was defendant; the same being an indictment for an assault with intent to murder one Leroy Upshaw. All the material facts are stated in the opinion of the court.

From the Circuit Court of Monroe. Tried before the Hon. John K. Henry.

Tried before the Hon. James Cobbs. The record in this case shows that, on the 26th March, 1866, the following conditional judgment was rendered, in favor of the State, against A. G. Scott and Alfred Hatch: “ The State of Alabama \ vs. A. G. Scott and Alfred Hatch.) It appearing to the >-court that A. G. Scott and Alfred Hatch agreed to pay to the State of Alabama the sum of two hundred dollars, unless the said A. G. Scott, the defendant in this cause, appeared here at this…

From the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite.

Tried before the Hon. H. Chamberlain. The appellant in this case was fined twenty-five dollars by the mayor of Mobile, for the violation of a municipal ordinance prohibiting the sale of goods by merchants on Sunday, and carried the case, by appeal, into the city court, where a complaint was filed against him, in the name of “ the mayor, aldermen, and common council of the city of Mobile,” in the following words: “ The plaintiff claims of the defendant the sum of twenty-five…

Tried before the Hon. Geo. Goldthwaite. The record in this case shows that, on the 13th December, 1865, James A. Whitley was arrested on a charge of grand larceny, and was carried before a justice of the peace for examination; that the justice took from him a recognizance, or undertaking of bail, with W. P. Whitley and W. P. Bullock as his sureties, the condition of which was, “that the said James A. Whitley appear at the next term of the circuit court of Lowndes county, and…

Application by Benj. B. Groom, for a writ of mandamus to the circuit court of Montgomery, Hon. George Goldthwaite presiding, to compel that court to transfer to the proper Eederal court a cause therein pending, between Erederick H. Cobb as plaintiff, and said Benjamin B. Groom as defendant. The action was cpmmenced by original attachment, on the 20fch November, 1866, and was founded on an alleged deceit in the sale of several mules by the defendant to the plaintiff.

Tried before the Hon. John Moore. This action was brought by Mrs. Frances L. Logan, against the State of Alabama, to recover the value of certain slaves belonging to the plaintiff, which were alleged to have been emancipated by the act of the defendant, without the consent of the plaintiff, and without an offer or tender of compensation. The complaint contained two counts, one in case, and one in trover.