The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-02
WALKER COURT IS
RE-ESTABLISHED
SUPREME COURT HANDS DOWN
DECISIONS GIVING THAT cOUN-
TY A MORE DEFINITE LEGAL
sTATus-oTHER DECISIONS.

Montgomery, June 1-(special.) THE SUI
preme court today handed down a de-
eision which has the effect of re-establish-
ing the law and equity court of Walker
county, and gives to that county definite
ness of legal status which IL has not had
since the invalidating of the act creating
the Fourteenth circuit some weeks ago
The court will give back to Judge Peyton
Norvell his position and the salary at
tached therto since 1903 VIXEN he was
throw out by the new law. This salary
comes out of the county ana is $1,000 per
annum. payable monthly. The style of the
case is Norvell VS.. the state ex rel. C. b.
Brotherton ct a. The circuit court of
Walker county held that there was no
rights in the courts in that it had been
repealed by the legislature of 1903, but
the supreme court holds that the repeal
ing act is not valid and that the court
has never been displaced
The story is something like this; The
law and equity court having been estab
lished In 1900 was doing business at Jas
per- 1t had been made for the county,
was to be paid by the county. though
with civil. criminal and equity jurisdic-
ton. In 1903 the legislature passed the
famous Lusk judiciary bill, which was
declared invalid last year by the supreme
court. thus knocking down the law SO
far as Walker was concerned, along with
the other. There had been passed how
ever, special act for court for Walk
er and Winston counties, known as the
Fourteenth circuit act. In the meantime
the law and equity court was repealed
by special act. The supreme court came
along and declared the Fourteenth cir
cult act unconstitutional because II was
a local act passed as a general, and now
1t holds that the repeating act disposing
of the law and equity court Is invalid be-
cause of the instructions of the trans
fer of cases is not specific. the same ru1-
ing having been made some time ago In
the st. Clair county court repeal case.
List of Decisions.
The following were the decisions handed
down today:
Mcclellan. c. J.-Birmingham Railway.
Light and Power company VS.. Jesse L.
Adams, appeal from Jefferson circuit
court; affirmed.
Dowdel J.--Manatee County State bank
VS.. James Weatherly, appeal from Bir
mingham city court; affirmed
Payton Norrell VS.. the state of Ala
bama ex rel C. b. Brotherton ct al. an
peal from Walker circuit court; reversed
and remanded.
James Reese VS.. the state or Alabama.
appeal from Montgomery city court: af
firmed.
Anderson. j. ID. Mathis VS. A. T.
Thurman, appeal from Talladega city
court: reversed and remanded
Mary F.. Haynes ct al, vs.. Lilly Simn-
son, appeal from Cleburne circuit court.
reversed and rema nded.
Gadsden DistilIing company VS.. Ken
nedy Stave and Cooperage company. an.
peal from Gadsden city court; affirmed
benson. minnie Knight VS. the state
Of Alabama. appeal from Montgomery
city court affirmed.
Wesley Wilson vs.. the state of Alabama.
appeal from Montgomery city court: re-
yersed and remanded
John Morris. Jr.. VS.. the state Of Ala
bama. appeal from Limestone cjrcuit
court: reversed and remanded
Willie Emma Norwood VS. ]. e. Glen,
as clerk. etc. appeal from order Of fudge
Of the Eighth judicial circuit DENYING
mandamus; appeal dismissed.