The Montgomery advertiser., 1907-05-07


court having issued a writ Of prohibit
ton to prevent the custer judgment
becoming effective before review by
the higher tribunal.
List of Rehearings.
All the decisions HANDED down by
the Supreme Court yesterday were up
on applications for rehearings. The
following opinions were rendered:
First Division.
John vandergrift VS.. the State OF
Alabama, appeal from Mobile City
Court, application overruled
r. D. Nettles VS.. Herbert L. Mc-Con-
nell, appeal from Mobile Circuit Court,
application overru1ed.
Richard Roe, Mary T. Wolfe, ct al VS..
John Doe ex dem. Mary c. Delage, ct
al, appeal from Mobile Circuit Court,
application overruled.
| william Moneagle and Company VS..
Gilbert d. Livingston, appeal from Mo-
bin Circuit Court. application overrul-
Second Division.
Nancy Hollifield VS.. the State of
( Alabama, appeal from Perry Circuit
Court, application overruled.
Edinburgh American Land Mortgage
COMPANY, Limited, ct al VS.. William
Grent, appeal from Marengo Chancery
Court, former opinion withdrawn, APP
plication for rehearing granted, decree
of the Chancery Court is reversed and
one will be here rendered dismissing
the original bill, the decree Diminishing
the cross-bill will be affirmed, but mod
flied so as to make the dismissal with
out prejudice.
Third Division.
salome v. Wilkinson. ct al vs. Leh-
man Durr Company, appeal from But
nnfnfau yUit h.
drawn, application granted, Judgment
of reversal set aside and Judgment
| appealed from affirmed.
Robert Nixon VS.. Clear Creek Lum-
Der Company. appeal from Montgomery
City Court, application overruled.
r. ]. Rutledge ct al VS.. r. ]. Cramp-
ton, ct al, appeal from Montgomery
City Court, application overruled.
Fourth Division.
Jane Everett, ct al VS.. II. c. Jordan.
ct al, appeal from Houston Circuit
Court, application overruled, opinion
modified.
David L. Walker, VS. James ]. Winn,
Jr.. as Administrator, appeal from Bar
bour Circuit Court. application over
ruled.
Sixth Division.
Alabama Mineral Land Company vs.
Blocton- Cahaba Coal Company, appeal
from Birmingham City Court, appli-
cation overruled.
George Huddleston as Guardian ct al
VS.. Perryman and Company, appeal
from Jefferson Chancery Court. appli-
cation overruled.
II. w, Baggett VS.. Lucy Mason, ct al.
appeal from Bessemer City Court. ap-
plication overruled.
Pioneer Mining and Manufacturing
Company VS.. Melvin NJ. Talley, appeal
from Birmingham City Court. apph-
cation overruled.
Norman Webb, ct al VS.. Dunn and
I.allande Brothers, appeal from Birm-
ingham City Court application over
ruled.
Birmingham Belt Railroad Company
VS. A. Fl. Lockwood and A. H. Lock-
wood VS. birmingham Belt Railroad
Company, Gross appeaD appeals from
Jefferson Chancery Court. applications
overruled
birmingham Railway Light and Pow
err Company VS.. Mary Moore, pro ami.
appeal from Birmingham City Court.
application granted. judgment of ro-
versal set aside and Judgment OF the
lower court affirmed
Southern Railway Company vs.. q
Kirsch, appeal from Fayette Circuit
Court. application overrulcd.
A Gambill VS.. oliver s. Cargo,
anneal from Birmingham City Court.
application granted, judgment of re-
versal set aside and Judgment of the
lower court affirmed.
18th Division.
Frank Barber VS.. the State of Ala
hama appeal from St, Clair circuit
court application overruled.
AMMONIA Cobb as Admrx VS.. W. T.
Owens appeal from Admission City
court, application overruled.
w s norman VS.. S. ] Hair, ct al,
anneal from St. Clair Chancery court,
application overruled.
Sth Division.
lin Of al appeal from Morgan chan
cery cour' application of rehearing
granted. Judgment of reversal set aside
and Judgment of the lower court af-
firmed.
Annie Belle Harris VS.. Nashville.
Chattanooga and st. Louis railway.
appeal from Marshll circuit court, ap
pIication for rehearing overruled. Nc
CIeHan j.. dissenting.
Western Union Telegraph Company
VS. Lucille Westmoreland, appeal from
Limestone circuit court, application ov-
errulel.
T. l.. McCrary VS.. Brawley and Var
brough Brothers ct nj, appeal from
Madison circuit court, application for
rehearins overruled
American Cotton Oil Company vs..
Felix W. Warden. appeal from Madison
circuit court, former opinion with
drawn, application granted.
+. b. Hunter VS.. Louisville and
Nashville Railroad Company. appeal
from Morgan circuit court, application
overruled Tyson, c. j., and benson,
j., dissenting.
James Windee VS.. w. F.. Russell,
appeal from Morgan chancery court,
application overruled.
Nashville, Chattar ooga and st. Louis
Railway VS.. Ernest Karthaus. ct al,
appeal from Madison circuit court, ap-
plication overruled.
Northern Alabama Railway Company
VS. John w. Key, Administrator, ap-
peal from Colbert circuit court appll-
cation overruled.
Sd Division.
South and North Alabama Rail-
road Company, ct al VS. Henry B. Gray
ct al, and Henry B. Gray. ct al VS..
South and North Alapama Rail-