The Montgomery advertiser., 1906-12-21
COURT GIVES
 37 OPINIONS Supreme Tribunal De-
 cideS Many Cases.
 MONTGOMERY LITIGATION (. A. Alien Suits Among Those Decided. Judge sayre sustained in HoIe.ng That
 Money Lost In Speculation Must he Paid--other Cases. 

and Company. respectively involving money to the amount of 15.90S.97 and costs. on notes signed by .. A. Allen to pay losses suffered in dealing in the cotton market. Both were brough' along similar lines, and both were accompanied by cross appeals The ac- ton of the lower court vas gustained
 In tho original complaint. caldwell. Ward and Company brou"ht suit against Mr. Allen and wife for s2,310. This money was alleged to have been promised to the complainant by the K defendant in sixty-day note. and !, was to pay for money lost in market dealings. The suit charged. furthe": that the defendant had transferred land !, including three plantations, to his wife | later. and asked for control of the l property. In their reply to the charge I the defendants denied attemnt to de- l fraud, and held that the note was not valid for two reasons: priniarilv. that 1 the operations in which the money was 1 lost constituted gam bling. and also that in signing the no6 notes Caldwell IL | permit MT. Allen to speculate without i margins until he might have opportu- | nifty to recover his losses. This prom i ise. 1t was averred. the brokers had ! not kept. R
 l Tn his decision. Judge Sayre. in the ! Montgomery City Court. held that there 1 was no evident intention to defraud by l c. A Allen indebted, however to the plaintiffs to the amount of s2.65s.lG and costs. and farther decreed that the and title of the three plantations Ap- peal and cross appeal were taken from
 The suit brought aga,nst c. A, AL panv. was on similar grounds. and sought payment of q note for $2.S6O. :. The decision of the judge was to the the tsGs sum H of ss.s5o.si ana costs.
 Suit Over w-hlskey Label. l Another case of considerable.loca i'm 1 terest was the apepal of J. W. Epper- son ct al from the decree of the Mont l brought against them by Aaron Blu l thenthal ct al of Fulton county, Ga. l Bluthen thai. representing the firm of l Bluthenthal and Biekart. whiskey man ufacturers. sued for an injunction to restrain J W. Epperson and Company. | of MontEomefy also manufacturers of product similar to the label which the ! plaintiffs used. and had been using for ' a considerable time. They also. asked that they De paid the profits derived II Judge Sayre perpetually enjoined the local, firm from the use of a label sim ! liar to that used by the Georgia com | pany, but awarded no damages. N Justice Anderson, in his opinion ! stated that the evidence had brought | out the fact that the contents of the |i OL tue lOCdl COHlDdHY Tell SnOTl of the claims of the label and letter | ing. While reversing the finding of the lower court. he rendered an opinion dismisisng the appeal.
 Several appeals from cases involving damage suits for personal injury were decided yesterday. One. from the Con. ecuh Circuit Court, had been brought by Lizzie Bradley against the Louis vile and Nashville Railroad. Sh, plaintiff asked for S1,000 damages for injuries sustained when she wa green. The finding of the lower coHr in favor of the defendant was affirmed
 Another appeal from the Mobiie Cir cult Court, which had awarded Rober Der Company $1,400 damages for inju ries sustained in perfornar ee of hi duty, was reversed and remanded.
 The appeal of P; z: Wolf from th finding. of the lower body In favor c the defendant, R. D. Smith, in a sul for $20,000, for injuries sustained Tn mine of the latter, was reversed an remanded. Wolf lost an eye and bot hands as the result of an explosion c dynamite. The defense in the lowe court pleaded that he was aware of tn danger of explosion, working under tn conditions which obtained In the min
 IA the appeal of the Woodstock Iro Works from suit in the Anniston Cit court; where $2,OOO was awarded Cha D. Kline, as admin strator for Sydne Olive. killed as the result of injurie. the judgment of the lower court wa affirmed.
 were those of Ridley Delaney and Mil lard M. Gregory, from Chambers an Cullman counties. respectively, both C whom had been convicted of murder l the second degree. Delaney was sent enced to twenty-tive years imprison ment, and Gregory was given tweiv years. The findings of the lower court in both appeals were affirmed v List of the Opinions.
 Following is a complete list of tn opinions handed down yesterday:
 J. R. Tapia vs. H. B. Williamson appeal from conecuh Circuit Court ap
 John F. Fletcher for the use, etc. vs J. A. Prestwood. appeal from CovingtoI Circuit Court; affirmed.
 W. IT, Smith vs Chapman and Com panN appeal from Geneva Circuit Court affirmed.
 Armour Packing Company of Louis Jana, Limited, vs. Vinegar Bend Lum her Company appeal from the Mobil Ctiv Court affirmed.
 Bay Shore Lumber Company vs. Isaa Donovan. appeal from. Mobile Cit! Court: affirmed.
 Mary Henry vs. Louise Rrahnan. ap peal from Mobile Circuit Court. affirm
 Mayor and Aldermen of Birmtngham vs. J. F. O. Hearn, appeal from Jeffer son Criminal court; judgment reVerset and corrected. and as corrected affirm ed,
 n. w. Clark vs Joe JerniFan, appea from Coffee County Court; affirmed
 Haralson. J.
 Jennie F. Coccoila vs. Wood Dlckersoi Supply Company, ap cal from Birming 2 ham City Court: affirmed.
 l Woodstock Iron Works VS. Charles D Kline. appeal from Anniston City Court affirmed
 Morris Loveman. Administrator. vs Birmingham Railway, Light and Powe Company appeal from Jefferson Circul Court; reversed and remanded
 H. r. Boyd vs. The State Of Ala bama. appeal from Elmore County Court affirmed
 Birmingham Railway. Light ant Power Company vs. Mollie Wise, appea from Birmingham City Court; reversed and remanded.
 Simpson, !
 Henderson Boyd Lumber Company vs R. D. Cook. appeal from Coffee Circuit Court; affirmed.
 Rudolph ScheideRger, ct al, vs. Josh ua D. Terrell, appeal from Mobile Cir. cult Court; affirmedf
 Lizzie Bradley vs. Louisville anC Nashville Railroad Company, appea from Conecuh Circuit Court; affirmed.
 Bob Cox vs. The State of Alabama appeal from Macon Circuit Court; af
 sam Sam Boykla IT,. vs. State of Ala