The Montgomery advertiser., 1909-03-07
SHEPHERD V. PARKER.

SHEPHERD V. PARKER. Unlawful Detainer.-(Decided Dec. IT.
 1s0s.-47 South. 102O.
 1. Appeal and error; motion to dis- miss.-Where a cause was not sub mitted on motion to dismiss the ap- peal the insistence of counsel thereon is a mere suggestion on which this court cannot act.
 2. Same; submission: waiver of ob- jection.-Haying submitted the cause on its merits the appellant waived the objection that the sureties on appel lant's appeal bond to the justice court should have joined in the appeal.
 B. Forctble entry and detainer; mo- tice: by whom given.-Where the land lord sells the premises during the term of the lease. the landlord is the proper party to give notice to quit and deliver possession a tthe termination of the lease.
 {. Appeal and error; questions re- yiewable.-Where no exceptions are taken in the trial court, to the allow ance of an amendment the action of the trial court in this respect will not be reviewed.
 5. Forcible entry and detainer; by whom brought.-where premises are sold during the time of their lease. the l vendor landlord is the proper party to bring forcible entry and detainer. aimee the vendee could not maintain the suit
 Appeal from Montgomery City Court. Heard before Hon. Ray Rushton. special Judge.
 Affirmed. Opinion by Mcclellan. J. Tyson, c. J., Dowdell and Anderson. JJ., concur.
 GLENN V. THE STATE. Murder Dec. IT. 190s.-47 | South. 103D.
 l l. Witnesses; examfnation.-t is competent to refresh the memory of the witness by reminding him of the testimony given by him before the grand jury.
 2. Homicide; evidence; res gestae.- The fact that the accused used profane language to the deceased at the time of the dificulty, is admissible as she'd ding light upon the manner and frame of mind of the accused at the time. and as part of the res gestae of the transaction.
 8. Same evidence of venue.-Where a witness testified that the murd1r was committed at a certain named station on a certain car line, fin this county, and the trial was held in certain county, the evidence of the venue was sufficient, although there was no di- rect evidence that the killing occurred in that county.
 4. New trial; criminal case.-This court will not review the judgment of tthe trial court in refusing a motion to grant a new trial in a criminal case
 Appeal from Jefferson Criminal Court
 Heard before Hon. s. L. Weaver.
 Afirmed. Opinion by Denson. J.
 Tyson, c. J.. Dowdeu and Simpson U. concur.
 FLOWERS & PEAGLER v. W. T
 SMITH LUMBER co.
 Action for Breach of Contract-(Decid ed December Is. 1908. 47 So. 1922.
 1. Contracts; legality: restraint trade.--A contract between two lumbe companies by the terms of which eac , company, is to be. confined In it's oper 7 ations in the purchase of timber land , and lumber to their side of a lin
 drawn through two counties, distanc
 of nearly twenty miles. Is invalid as
 restraint of competition and trade; an ' the same is not rendered valid by tn
 conveying of each to the other of cer tain lands on one or the other side
 the line according to the terms or tn contract.
 to enforce.-A contract that Is void be cause in general restraint of trade car not be enforced by an action for breac of the same.
 : 8. Appeal and error; harmless errol general charge.-where one party the suit Is entitled to the genera charge. rulings adverse to the otht
 party on the trial. if erroneous. ar | harmless.
 Appeal from Butler Circuit Court. Heard before Hon. J. c. Richardso Affirmed Opinion by Anderson. J. Tyson, c. J., Dowdell and McClellal
 JJ, concur.
 , BROWN V. THE STATE.