The Montgomery advertiser., 1902-02-14

handed down nincty-three opinions, pass ed on nine applications for rehearing and overruled thirty-sevep applications for rehearing. This practically completed the docket and the court adjourned until the sun mer term, which will begin April 7th with the call of the First Judi cial Division.
 Of the opinions handed down yesterday thirty-six were by Mir. Chief Justice Me- Clellan. twenty-four were by Mir. Justice Dowdell, fifteen were. by MT. Justice Haralson nine were by MT. Justice Sharpe, eight were by Mir. Justice Tyson and one was by the whole court
 Among the opinions handed down by Mr. Chief Justice Mcclellan was fan af- firmation of the decision of the Montgom- cry City Court by which Sam Cartledge was convicted of gaming and fined $50
 Among the applications for rehearings passed upon was the case of the Louis vile and Nashville Railroad Company aaginst J. N Hall of Montgomery. MT. Hall secured a judgment against the railroad company in the lower court Tor $6,O00 The Supreme Court recently re- yersed the decision of the lower court. Upon an application for a rehearing the Supreme Court yesterday set aside its former ruling and affirmed the decision of the lower court. This amounts to a victory for Mir, Hall.
 Another important case reopened yes. terday by the Supreme Court was that of the City of Birmingham against James L. Sandefur. This case grew out of the building of sanitary sewerage system in Birmingham several years ago. The sewage is emptied into Valley Creels and MT. Sandefur brought an action against the city setting out that his property was adjacent to the stream and he was thereby damaged. He secured judgment in the Chancery Court Of Jef- ferson County and the decision was recently affirmed by the Supreme Court. Yesterday the court set aside It's former Judgment of affirmance and reversed and rendered the case. This is victory for the city of Birmingham.
 Notwithstanding the Justices of the Supreme Court recently petitioned Gov ernor Jelks to commute the sentence or Luke Sanders, a Perry County negro, whp Is sentenced to be hanged for the m,ir- der of a white man, the court yesterday overruled the application of his lawyers for rehearing of the case.
 The following are the opinions handed down yesterday:
 Mcclellan, c. J.-Charles F. Douthit vs S. E. Majors, admx., ct al. Frank Nei- son. intervenor. appeal from Bibb Cham .cery Court; affirmed, Sharp J., dissent- ing.
 Selma Bridge Company, ct al. vs. Theodore Harris. appeal from Selma City Court: reversed and rendered.
 Sam Cartiedge vs. The State or Ala bama, appeal from Mohtsomer9 %''S Court; affirmed.
 Dothan Guano Company vs. J. J. Ward. anpeal from Henry Circuit Court; sre- yersed and remanded. l. g. Carroll vs. Charles Henderson. ap- peal from Pike Circuit Court; affirmed. ID. N. Lawrence vs. Joseph Bell ct al.. appeal from Pike Circuit Court; ar firmed.
 Joseph Bell ct aL, ys. D. N. Lawrence appeal from Pike Circuit Court af- firmed.
 John P. Gibson vs. M E. Clark ct al:' appeal from Dale Circuit Court af' nrmed.
 Tatum and Black vs. T. NJ. Hollis, .ap- neal from Pike Circuit Court: affirmed.
 | D. Henderson ct al. vs. J. V. Hor- ton, appeal from Crenshaw Chancery Court: affirmed.
 Wash Pugh vs. The State of Alabama. appeaI from Barbour Circuit Court; af- firmed.
 J, B. Scott & Bro, vs. w. J. Holiaho' appeal from Crenshaw Circuit Court; re- versed and remanded. Will Russ vs. The State of Alabama, appeal from Pike Crfminai court re- yersed and remanded w. H. Merritt ct al., vs. John E. MOT ris. admr., etc., appeal from Chiffon Chancery Court reversed and rendered.
 Birmingham Railway and Electric Company ys Nettie P. Brannon. appeal from Jefferson Circuit Court; reversed and remanded.
 Birmingham Railway and Electric Con- pany vs A. B. Jackson. appeal from Birmingham City Court; reversed and re- manded.
 appeal from Lamar Chancery court re- versed and rendered.
 Southern Railway Company vs. lnez B. Jones, appeal from Jefferson Circuit Court: affirmed. H. ]. Ward vs c. s. Shirley. appeal from Tuscaloosa County Court; affirmed. &. D. Reese vs. s. l.. Fuller. appeal from Cullman Circuit Court affirmed. M. E. Bozeman as admx. etc, vs M J. May ct al, appeal from Jefferson Circuit Court; affirmed. H. K. White, admr etc., vs. J. h. Thompson ct al, appeal rom Jehersoh' Probate Court affirmed. Southern Railway Company vs. David Roebuck, appeal from Birmingham City Court; affirmed. I. c. Street vs. J. W. Hooten ct. al., appeal from Clay County Court; revers- ed. rendered in part and remanded. Joe Winter vs. The State of Alabama | anpeal from Cherokee Circuit Court; af- | firmed. =. Anniston' Loan and Trust Company vs R IT. Stickney, Jr., appeal from Annis- l ton City Court; reversed and rendered. R. M, Borum ct al., vs. R. B. Posey ct
 al appeal from Shelby Circuit Court; l appeal dismissed. ,,,. T l., Johnson vs. Southern Building and Loan Association, appeal from Gads- | den City Court; amrmed in part and re- 1 yersed in part, and remanded. William Jordan vs Dennis Lindsay, ap- l neal from Madison Circuit Court; re- I versed and rendered.
 James Beeson vs. Wesley Moore, appeal from Jackson Circuit Court; reversed and l rema nded.
 J. C. Hartsell & Son. vs. A. II. Mas teron, appeal from Morgan Circuit Court reversed and remanded.
 s. C. Capehart vs. J. J. McGaheS, ap- peal from Marshall Circuit Court; af- iirmed,
 Earl Fletcher vs. The State of Alaba- ma, appeal from Madison Circuit Court; reversed and remanded.
 James Paradise ct al. vs. The State of Alabama; appeal from Jackson Cir cult Court; affirmed
 w. Tom Smith vs. The State of Ala bama. appeal from Marshall Circuit Court reversed and remanded.
 R. G. Peters vs. T. J. Scott Sons.