The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-17
MOBILE COLLEGE
LOSES The MONEY
Supreme Court Upholds the
Lower Tribunal
OTHER IMPOR TANT RULINGS
Court Holds That Assignments of Err
rors Should Be Written on the
Transcript-List of
Decisions.
OTHER IMPOR TANT RULINGS

Montgomery, May 16.-(Special) Jim at
frming the decision of the lower cour
in the case of the state of Alabama eS
rel Medical College of Alabama vs. Thorn.
as l.. Sowell, state auditor, the supreme
court today held that $4,000 appropriated
by the last legislature to improve the
buildings and furnishings of the Medical
college at Mobile, could not be paid. 1t
did not come within me provisions OF
the Alabama constitution, and therefore
the money of the state could not be APP
piled to 1t. Section 10 of the constitution
prohibits the legislature from appropriate
ing money for any institution not con-
trolled by the state except by two
thirds majority The Mobile college is not
controlled by the state. and the bill APP
prop iating the money did not pass by
the ecessary two thirds. the auditor was
i upheld by the city court of Montgom-
cry in his refusal to pay the money, and
is now sustained by the supreme court.
Important Ruling.
! Another ruling of interest is found in
| the case of f. b. Hunter VS.. the Louis
vile and Nashville railroad, from the
circuit of Morgan county. 1t was held by
| the supreme court in this that assign
ments of error should be written on the
transcript; that assignments of error on
separate sheets of paper and pasted In
the transcript or attached with fasten-
ers is not In compliance with the rule of
the court in this respect. In this case the
assignment of error was written on sepa-
rate sheets and attached to the page with
ordinary fasteners Subject" as the
court ruled, ito easy detachment and re-
moval" The court declined to consider the
assignment of error In this case. and af-
| firmed the decision for want of assign
ment of error.
! This ruling is of the greatest import
ance to the legal profession, as its VIOLA
ton may cause the loss OF cases which
come up without the rule being complied
with.
An important murder case was also up
! before the court, and partially passed
on today 1t was that of Flint Towery
of Madison county, charged with others
with the killing of Walter Graham near
| Hazel Green, that county, last September.
/ Towery was granted bail by the probate
| judge In the sum of $500, and the state
appealed. The ruling of the lower court
/ Is upheld and the prisoner will be given
| bail,
List Of Decisions.
The following is the list of decisions
handed down by the supreme court to-
/ day. after which adjournment was taken
! to Thursday:
Opinions were handed down by the su-
/ preme court in the following cases today:
! Mcclellan, C. J.-V. a. Vaughan VS.. It.
j. Hudson ct. AL appeal from Marengo
! chancery court affirmed
| Dowdell, J.-Southern Railway company
VS.. w. j. and e. T. Gilmer. appeal from
Dallas circuit court; reversed and re-
| manded.
| II. l.. Plott VS.. Robert C. Robertson,
appeal from Fayette circuit court; af-
| firmed.
G. c. Lewis vs. Sam G. Glass, appeal
from Morgan circuit court affirmed.
| Simpson, 1.-THE State of Alabama ex.
rel. Medical College of Alabama VS..
Thomas L. Sowell. auditor appeal from
Montgomery city court; affirmed.
Walker County Coal and Mineral Land
company VS.. I. l. Long, appeal from
Jefferson ohancery court; reversed and
| remanded
State of Alabama VS.. Flint Towery ct al,
appeal from an order of the probate
court of Madison county on habeas cor
pus proceedings; affirmed.
/ benson, 1T. S. Washburn as admins
TRAITOR VS.. Union Central Life Insurance
company, appeal from Gadsden city court;
| reversed rendered and remanded.
Louisville and Nashville Railroad COM
| pany VS.. Mertz, Ibach & Co., appeal from
Mobile circuit court; reversed and re-
manded
E. Rose & Co. vs. Ida Woods, as
administrators. appeal from Fayette cir
cult court; affirmed.