The Montgomery advertiser., 1906-10-11


charge that IL the evidence or any part
thereof after a consideration of the
whole of such evidence, generates a
well wounded doubt of the defendants
guilt, states a correct oropositiOn OF
law.
Appeal from Lawrence Circuit Court.
Heard before Hon. D. w. Speake
Reversed and Remanded Opinion by
Simpson. J.
All the Justices concur.
HUTCHINSON. EFT AL. v. NATIONAL
BANK OF COMMERCE.
Petition to Chancery Court to Declare
Trust on Money in the Hand Of
Assignee of Insolvent Bank
Decided April rs. 1906. II So
l. Assignment for oenent Of credi-
tors: right Of creditor to assert that
fund is trust func; estoppel.--A
not. by filing a petition with the reg
lister Of the court administering the
trust, seeking to obtain a preference
over other creditors. whereby estop
himself from asserting mat fund in
the hands of the assignee is a trust
fund held for such creditors benefit.
2. Banks and banking; collection Of
draft: relation between bank and
i owner of draft; contrac,.-Where the
holder of a draft sent 1t with bill Of
lading attached to tho insolvent bank,
with instructions to collect and rem.t
to certain New York persons to own
er's credit notify owner by number.
the relation was that oy principal and
agent rather than that of debtor and
creditor. or general depositor and the
collecting bank could not change this
relation by violating instructions.
without the consent OF the owner Of
the draft.
3. Trusts; following trust funds
So long as trust property can be fol-
lowed. the property into which It has
been converted remains subject to the
trust and II mixed with other funds.
the whole will be treated as trust
property, except SO far as It may be
distinguished from the trust fund;
and this rule applies as we'll to money
deposited in a bank. and the debt
thereby created, as to other property.
4. Same.-The holder OF draft
| sent 1t to an insolven, bank, with in
structions to collect anu remit to
certain parties to the credit Of the
holder; the drawee Of the draft paid 1t
by giving the insolvent bank draft
on a third person; the snsolvent sent
this latter draft to its correspondent
for collection; the drawee Of this
turned the money thus paid over to
| the assignee Of the fnsolvent bank.
the bank being insolvent at the time
| Of the receipt of the first draft, which
| fact was unknown to the holder OF the
original draft, but known to the om-
GERS Of the insolvcns bank. Held.
that the money was a trust fund In
the hands OF the assignee for the
benefit Of the holder of the draft, and
that the trust fund was traced into
the hands of the assignee OF the fiji
solvent bank.
| Appeal from Lee Chancery Court.
| Heard before Hon. W. W. White
| side.
Afirmed Opinion by Dowdell. J.
| Weakley. c. j.. HARRISON ana beh-
son, j., concur.
BROOKS v. THE STATE.
Practicins Medicine Without License
| decided May s, 1906. Al So. Rep,
1862 ,...
l. Physicians and Surgeons; license
to practice: certificates; statutes; ef-
| fect.-Under Sec. 1859. Code 1895. the
| Medical Association OF Alabama has
| full power and authority to prescribe
the rules and regulations governing
| the issuance of certificates to practice
| medicine.
?. same. rules; countersigning GER
tifcates.-Unless a certificate, issued
subsequently to the passage by the
State Medical Association Of rule re-
| quiring all certificates issued by coun-
ty boards to be countersigned by the
senior censor of the State Association
is so signed where issued by county
board. 1t Is insufficient to authorize the
| holder thereof to practice medicine. and
is no defense to a prosecution under
Sec. 1898 of Code Of 1896.
| 3. Same; offense; prosecutions; EVIL
dence-Defendant's diploma and evil
dence of the length of time he has
| practiced medicine Is inadmissible as
evidence in prosecution for practicing
| medicine without certificate signed by
| the senior censor of the State Medical
| Association.
4. Criminal law; appeal: harmless
error.-Where the evidence was with
out dispute that the defendant had
practiced medicine for pay. 1t was
harmless error to permit inquiry into
| whether he held himself out as a prac-
ticing physician to the world.
.. Physicians and surgeons; right to
practice; evidence.-It was not admissi-
bic to show that other physicians had
no certificate countersigned by the Sc
nior censor and had not taken the ex-
animation.
6. Criminal law: witness: rule 1T
| Is a matter within the discretion OF
the trial court as to whether he will
excuse a witness from the operation
of the rule. and not renewable unless
the discretion Is shown to have been
abused.
I. Same general objections SUM-
ciency.-A general objection to docu-
mentary evidence, not specifying
grounds of objection, is insufficient to
present the ruling on such evidence
for review.
Appeal from Marion Circuit Court.
Heard before Hon. r. r. Almon.
Affirmed. Opinion by Anderson. j.
Weakley. c. j., Tyson and Simpson
u, concur.
SOUTHERN RAILWAY Co, VS.. GOLD
STEIN BROS.
Damages for Failure to Deliver Goods
-Decided May 10Th, 1906. Al So
! Rep. 173.)
Carrier: connecting carriers; duty
of initial carriers: bill of lading.-
Where the bill OF lading limited the
carriers liability to its own line and
required delivery to another carrier Oh
the route of destination, II destination
is not known on the initial carriers
line. such initial carrier might dis.
charge its duty by delivery to a con
Meeting carrier designated in the bill
of lading. or, If none Is designated, and
there are several connecting carriers
by a delivery to proper connect tins
} carrier on the route in the usual and
} customary way
! Appeal from Birmingham City Court
| Heard before Hon. Charles A. Sem
Affirmed Opinion by Simpson, j.
Weakley. c. j., Tyson and Anderson
u, concur.
TRJHRI.E V THE, STATE (Civil)