The Birmingham age-herald., 1907-11-29
HAS NJ RIGHT ID OWN LIGHT PLANT Supreme Court Rules In North
 Birmingham Case LOWER COURT SUSTAINED The Business of the Supreme Court Is Growing RspdIy-First Division
 Submits 4e cases-opin-
 ions Handed Down.
LOWER COURT SUSTAINED

Montgomery. November S.-(Special.)-- The superme court held today in an opinion by Mir Justice Dowdell that the town of North Birmingham has no right to own and operate an electric lighting system Such authority exceeds that given by the constitution or any act says the court
 l.. R. Posey sued for personal injury at the plant, being denied a verdict because of the failure of the town to secure au- thorty to own plant. In affirming the lower court, Justice Dowdell says:
 "Our conclusion Is that the defendant had not the power under the general statute which contained all of the charter powers, to engage in the operation of an electric light plant. It follows that the act was ultra wires the corporation, and the resulting injury fixed upon it no lia- bility."
 The business of the supreme court is growing rapidly. There was submitted from the first division-Mobie division 46 cases; and from the sixth division Birmingham division, 13S cases. Never in the history of the supreme court has this number of submissions been reached from these divisions. There seems to be an in crease in the number of cases submitted from every quarter of the state.
 Decisions Handed Down.
 
 ions in the following cases today:
 Tyson, c. J.-J. M. Garrett vs. Mayfield Woolen mills. appeal from Coffee circuit court; affirmed.
 w. H. MacAfee as assignee, etc, vs. P. Giacoppazzi, appeal from Jefferson chancery court: affirmed.
 Dowdell, J.-Provident Savings Life As surance society vs. Oscar Pruett. appeal from Montgomery city court; affirmed.
 Samuel R. Posey vs. North Birming- ham, appeal from Jefferson circuit court; affirmed
 J. w. Vest vs. w. I. speakman. appeal from Morgan circuit court; reversed and remanded.
 w. H. -lacAfee as assignee, etc., vs. B. S. Cathings as assignee, etc. appeal from Jefferson chancery court; affirmed.
 Southern Railway company vs. Adelaide E. Stewart, as administratrix, appeal from Jackson circuit court; reversed and remanded.
 w. A. Jackson vs. Clara NJ. Parrish, ap- peal from Montgomery city court; af firmed
 James Speakman vs. J. W.-vest, appeal from Morgan circuit court; affirmed.
 A. IT. Hackney ct al. vs. M. M Perry, appeal from Taladega city court re- versed and remanded.
 w. P. Reaves vs. Anniston Knitting mills, appeal from Calhoun circuit court; reversed and remanded.
 Simpson, J.-Alex Davis vs. the State of Alabama, appeal from Coffee circuit court reversed and rendered
 Anderson. J.-F'itzpatrick Square Bale Ginning company vs. Robert McLaney appeal from Bullock circuit court; af- flrmed.
 Central of Georgia railway vs. Jesse Geopp, appeal from Montgomery city court; affirmed.
 w. w. Haygood vs. Clara M Parrish appeal from Montgomery city court, af- firmed.
 c. w. Dolberry ct al. as administrators etc, vs. John Dolberry ct al.. appeal from Jackson chancery court affirmed.
 Dennis Elmore ct al. vs. s. D. Fields appeal from Fillmore circuit court re- yersed and remanded.
 Ebert Sanders, pro ami, vs. J. J. Cur lev. appeal from Morgan chancery court. affirmed.
 w. F, Russell vs. J. F. Ballard ct al.. appeal from Morgan ehancery court af- firmed.
 Mcclellan, J.-Southern Railway com pany vs Richard Wilson. appeal from Colbert circuit court; dismissed by agree ment of parties.
 Rrmingham Railway Light and Power company vs. E. A. Wright. appeal from Birmingham city court; reversed and re- manded.