The Montgomery advertiser., 1907-05-08

and Billing to pay into the Registry
of the Court all the monies In their
possession as trustees of the estate Of
Walter J. Alsop.
Fleming said ne had never had any
of the funds Of the estate In his pos
session except the rentals from house
Of the estate. which rentals had been
duly and from time to time advanced
by him to Walter ]. Alsop. Billing.
who was president of the Norris Bank.
held funds. paid in $1,000, rs per cent.
of the amount due on q note which
represented the funds Of the estate In
hts keeping.
The Supreme Court, in holding that
Fleming was not liable. opined that
devastavit by one or two or more ex-
ecutors shall not charge his companion.
provided the latter has not contributed
to 1t. The money was lent to Billing.
there was no proof that Fleming had
control of 1t. and the City Court erred
in holding Fleming liable In the orig
inal case
boarding House Not q Hotel.
That a boarding house is not hotel
was the ruling of the Supreme Court
yesterday in its decision of an appeal.
the Mayor and Aldermen of Birming-
ham VS.. the Birmingham Water Works
Company, which was reversed and rend-
cred.
The point was raised as result Of
a disputation about water rates. The
Birmingham Water Works Company
makes to users of water for domestic
purposes a special fiat rate while no.
tells and some other semi-public pat
rons paw a meter rate. The company
sought to collect meter rates from the
proprietor of a boarding house. who
contended that he was entitled to nat
rates. ~
The Supreme Court in reversing and
rendering the Judgment Of the lower
court, which decided that the meter
rate was appropriate. opined that a
boarding house. though q commercial
enterprise and of so extended Glen
tele as to be public" differed from
an inn or hotel In that its patrons
were guests for a specified term and
under actual agreement to pay a GER
tain amount OF money. being, in other
words under express contract where
as the patrons of a hotel were under
implied contract for an uncertain pc
Rod.
Dan Pizetti, convicted Of raping
Lucille Pizetti, a member of his own
family in Mobile. and sentenced to the
penitentiary for a term of ninety-nine
years, had no relief from the Supreme
Court, which affirmed the judgment
of the lower court.
The Supreme Court began yesterday
the hearing of appeals from the TO
cal" division. composed of cases from
Autauga. Butler. Conecuh, Escambia,
Lowndes and Montgomery counties.
Only a few cases were submitted. The
division continues throughout this
week.
List of Opinions Rendered.
The Supreme Court handed down
opinions in the following cases yes
terday:
TYSON q
Alabama Great Southern Railroad
Company vs.. James A. Fulton, appeal
from Bessemer City Court, reversed
and remanded.
powdeIl, j..
q. B. Rainey VS.. Ellen Ridgway.
ct al, appeal from Tallapoosa probate
court. affirmed.
Dan Pizetti VS.. The State of Ala
bama, appeal from Mobile city court,
affirmed.
Anderson, J.:
Crissie Carleton VS.. J. w. Kim
brough, appeal from Clarke Circuit
Court reversed and remanded.
David Fleming ct al VS.. Josie ].
Walker ct al. and Josie j. Walker ct
al VS.. David Fleming ct al. appeals
from Montgomery City Court. reversed
and rendered on the direct appeal and
affirmed on the cross-appeal.
Mcclellan, j.:
Carrollton Short Line Railway Com
pany VS.. Thomas S. Lipsey, appeal
from Pickens Circuit Court, reversed
and remanded.
Mayor and Aldermen of Birmingham
VS.. Birmingham Water Works Conn
pany, reversed and rendered.