The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-19
GRAY CASE HEARD
IN SUPREME COURT
Arguments viii Probably Be
Closed Today
ONE CASE Is DISMISSED
Suit Filed In Montgomery Against the
Southern Railway Does Not Hold
Because This Railway Does
Not Touch That Point.
ONE CASE is DISMISSED

Montgomery, December 1S.-The time of
the supreme court was taken up today
with the hearing of argument ON the APP
peal of the Louisville and Nashville rail-
road company from the Judgment of the
city court of Montgomery, which held
that the said Louisville and Nashville
had not the right to operate the South
and North of Alabama. The lower court
issued an order, the effect of which was
to GUST the major corporation on quo war
ranto proceedings brought by Henry B.
Gray and other small stockholders.
1t was held by the lower court that
the Louisville and Nashville, which owns
ninety per cent of the stock of the South
and North and controls through friendly
feeling all of it but about two hundred
shares, had not come into control Of
the road in compliance with the Alabama
Statutes granting the charter rights par
ticularly contending that it was for
eign corporation which had not secured
the right TO operate the domestic corpor
alton.
The opening argument for the Louis
vile and Nashville was made by John p.
Tillman, of Birmingham, who was fol-
lowed by Phares Coleman and S. II.
Dent, of Montgomery, for Mr.. Gray.
Gregory L. Smith for the Louisville and
of prohibition feature of the case will be
heard Thursday.
A very interesting point was decided
by the supreme court today in a suit by
Abraham Brothers, of Montgomery VS..
the Southern Railway. 1t was brought
for the loss of a mule valued at 5000. Suit
was filed in Montgomery, where there is
no office or agent of the Southern. The
court held that the suit was lost be-
cause it was not brought where the COM
pany touches and has a representative.
Clay Peppers, young white man of
Marshall county, will have to serve seven
years in the penitentiary for shooting
cooper McNaren, a livery stable keeper
al Albertville. Peppers was drinking and
was refused a team by McNaren. Trouble
followed and the latter was shot, re-
ceivnfg a wound that he will likely never
recover from as it injured his spinal
column.
In the case of Zimmerman vs. Daffin.
from Clarke county. the court holds that
in a contract made for the purchase of
timber to be removed in a certain time
the purchaser can remove the timber even
after that time if he avoids damage to
the land otherwise. In other words the
time limit does not hold.
List of Decisions.
The supreme court handed down opin-
ions in the following cases today:
Tyson, c. J.-Abram Brothers VS.. South
ern Railway company, appeal from Mont
gomery city court affirmed.
D. ii. Williams VS. Intendant and Town
Council of Gainesville ct al. appeal from
Sumter chancery court; affirmed.
HARRISON, in T. Cobia eft al. VS.. I. A.
Ellis, appeal from Cherokee chancery
court; affirmed.
Frank A. Hervey ct al. VS.. Loui Hart
appeal from Mobile circuit court; af-
firmed.
Simpson, J.-Ex Parte w. H. Randall
petition for mandamus to the judge of the
thirteenth judicial circuit to compel the
dismissal of a suit, writ is denied.
Clay Peppers VS.. The State of Ala
bama, appeal from Marshall circuit court;
affirmed
benson, J.-C w. Zimmerman Manu-
featuring company VS.. William w Daft
fin, appeal from Clarke circuit court, re-
versed and remanded.
Benjamin T. Shaw company VS. Herman
Mauk, appeal from Birmingham city
court, appeal dismissed by agreement Of
parties
Per Curiam-Birmingham Railway
Light & Power company VS. Douglass
STREET., pro ami, appeal from Birmingham
city court, appeal dismissed by agree
ment.
Daniel j. Mcdonald ct al VS.. William
p. Mcdonald, appeal from Mobile chan
Gerry court, appeal dismissed on order of
appellant.