The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-25
COURT LEGALLY
HELD At HELM
Cleburne Court House Was
RlghtfuIly Removed
GAMBILL MUST PAY FUQUA
Supreme Court Rules Against Brmne-
ham Tax Collector. M. Gray
= Wins In Howell Mining
Company Case.
GAMBILL MUST PAY FUQUA

Montgomery, November 24.-(Special)-
In list of rehearing handed down by the
supreme court today the supreme court
finally holds in effect that the court
house of Cleburne county has been right
fully established at Hehin, being law
fully removed from Edwardsville, ana it
is legitimate for the courts to try cases
there. The ruling came about negatively
in the refusal to grant rehearing IN the
case of Bud Owens, application for pro-
hibltion, to prevent the judge of the cir
cult court from trying him at HELM.
which, it is now established, is the right
thing to do.
The verdict of damage secured against
City Tax Collector and License Inspector
A. A. Gambill of Birmingham by j. E.
Fuqua is fixed, and Mr.. Gambill will have
to pay. The trouble arose over the arrest
of Fuqua by Gambill for refusal to pay
a license as a milk dealer and a suit Tor
damages, alleging false arrest. The court
at first ruled against Fuqua, then gave
him a verdict on a rehearing and now
finally fixes its last ruling.
Another case of interest is that of the
Howell Mining company VS.. John III.
Gray. In this refusal to grant a new
hearing in the case the company is forced
to comply with the Alabama law ana
provide two distinct and separate OPEN
ings for its mines; not depend on On air
shaft boxed off from the main opening,
as was tried.
List of Opinions.
The full list of rehearings handed down
today follows
Gulf Red Cedar company ct al. VS..
Louise Crenshaw ct al, appeal from
Butler chancery- court; application grant
ed, decree of reversal set aside and decree
appealed from affirmed.
A. A. Gambill VS.. John e. Fuqua, APP
peal from Birmingham city court; appl-
cation overruled.
Gaunt Crebs vs. Elise w. Fowler, ap-
peal from Mobile chancery court; apph-
cation overruled.
Howells Mining company VS.. John NJ.
Gray appeal from Bibb circuit court;
application overruled.
A. b. Ware, administrator, VS.. t. @.
Burch ct al, appeal from Russell pro-
bate court; application overruled.
Willie Emma Norwood vs. Louisville
and Nashville Railroad company, appeal
from Limestone chancery court; opinion
modified and application overruled.
Ed Garth pro ami. VS.. North Alabama
Traction company, appeal from Morgan
circuit court; application granted, Juds-
ment of affirmance set aside and re-
versed and remanded. .s !,
Mary Brown VS.. A. II. French, appeal
from Jefferson circuit court; application
overruled.
D. /. Bradley VS.. Jesse French Piano
and Organ company, appeal from Butler
circuit court; application overruled
) Alabama Great Southern Railway COM
pany vs. Commonwealth Cotton Manufar-
turing company, appeal from birmingham
city court: application overruled.
Annie r. Martin vs. c.. B. Mcleod, ap-
peal from Admission city court; applica-
ton granted, former opinion withdrawn,
Judgment of affirmance set aside and
Judgment rendered reversing judgment
appealed from and denying motion or
new trial.
Maggie C. winkleman VS.. Frank S.
White, appeal from Birmingham city
court; application overruled.
W. A. Burgess VS.. the state OF Alabama,
appeal from Cleburne county court; an
plication overruled.
Frank IIaney VS.. the state of Alabama,
appeal from Cleburne county court; ap-
plication overruled.
Ralzorah Prickett VS.. Luther Prickett,
appeal from Clay chancery court; april
cation overruled.
w. Gibbs Henry VS.. Thomas w. Vert.
appeal from Morgan probate court; appE-
cation overruled.
Pamela Stul Graham VS.. city of rus
cumbia, ct al, appeal from Colbert cir
cult court; application overruled.
B. +. Yarbrough ct al. VS.. Sal1e Ii.
Thornton appeal from Gilmore chancery
court; application overruled.
Preston Lea ct al. VS.. the Iron Belt
Mercantile company, appeal from Cal
houn chancery court; application over
ruled.
Christie, Lowe & Heyworth ct al. vs. A.
p. Patton, appeal from Tuscaloosa circuit
court; application overruled.
Judah T. Moses VS.. the Philadelphia
Mortgage company, appeal from the
Montgomery city court; application over
ruled.
Elk parte Bud Owens Cleburne county,
petition for prohibition; application over
ruled.