The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-11
SPECIAL JURY H
IS HELD |NVAl
Many Decisions Handed Down
BY Supreme Court
GRAIN GETS NEW TRIAL
Chancellor Gardner Sustained In Ruling
In silver Dollar Saloon Case.
List of Decisions Given
In Full

Montgomery February 10.-(Special)-
The invalidity of the special Jury act of
Jefferson county gives George Grain a
new lease on life. He was under SEN
tence of death, execution day being March
| 10, 1910, but with reversal by the SUI
preme court, which came today, he must
have a new trial. The records show that
| the bill was reported to one committee
and returned by another, hence without
legal status, according to the constitution
Grain killed ALT Williamson in Jefferson
county.
| For delivering a car of lumber to the
wrong man the Mobile, Jackson and Kan
sas City road must pay 1902 .92 to the Bay
Shore Lumber company of that city
Charles l. Sanges, who was hurt by a
pole of the Mobile Electric company fall
ing on him. must go back for a new trial.
A horse belonging to the Southern Hard
ware company in Mobile ran away and
killed mule, the property of the Stand
ard Equipment company. for which it
! must pay s2S4
Tie ruling of Chancellor Gardner that
nothing was found in raid on the Silver
| Dollar saloon TO justify a charge that 1t
| was a nuisance under the Fuller bill Is
| sustained. Only six half pints were found,
and these in a cellar, and ownership
was disclaimed by the man who was
charged with the offense, ]. w. Abraham.
List of Opinions
The full list of cases of Thursday fol-
| lows:
!. Dowdell. C. J.-Anos Skains VS.. J. M.
Barnes, appeal from Crenshaw chancery
| court; modified and affirmed.
Tennessee Coal, Iron and Railroad COM
pany VS.. Charles A. Kelly, appeal from
Jefferson circuit court; reversed and re-
| handed
| George Grain We. state of Alabama, ap-
| peal from Jefferson criminal court; re-
versed and remanded.
| Per Curiam-C V. Morris VS.. Lecy 8.
Chambers, appeal from Henry circuit
| court: motion to dismiss appeal denied,
motion to strike bill of exceptions sus-
tanned, and bill of exceptions according
| ly stricken.
Simpson, J.-Central of Georgia Railway
company VS.. Charles p. Storrs, appeal
from Montgomery city court; affirmed.
II. A. Putnam vs.. w. w. Summerlin,
appeal from Butler chanccry court; az
| flrmed, Mcclellan, J., dissenting.
First. National bank Of Gadsden We.
Steiner, Lobman & Frank, appeal from
Montgomery city court; reversed and re-
| manded.
The state of Alabama, ex rel, A. NJ
CARRIER, attorney general, vs.. J. w.
Abraham. ct al, appeal from Montgom-
| cry chancery court: affirmed.
r. C. j. Evans, ct al, VS.. Faircloth-
Byrd Mercantile company. appeal from
Geneva chancery court; affirmed.
J. oB. Long VS.. J. e. Cummins appeal
from Henry circuit court; reversed and
remanded,
Mcclellan, J.--Lindsey Lumber Co.. ct
al. vs.. Mason & Bass. appeal from Es-
Gambia chancery court; affirmed
| e. T. Kelly vs.. Henry Griffin, OF al,
appeal from Dale circuit court; affirmed.
| Cliff Ventress VS.. town of Clayton. APP
| peal from Barbour circuit court; affirmed.
| State of Alabama VS.. Jim Nix. appeal
| from Barbour circuit court; reversed and
remanded.
| Bank of Henry vs. S. A. Elkins, appeal
from Henry chancery court; affirmed.
Enterprise Lumber Co. vs.. K. r. Por-
court; affirmed
Central of Georgia Railway Co. VS..
Y. L. Burton. appeal from Chambers
circuit court; reversed and remanded.
B. Ambrose Bass VS.. Addie r. Bass. APP
peal from Lee county law and equity
court; affirmed.
J. r. Sayers, ct al. vs.. Tallassee Falls
NEUTRALITY-SUSPICIOUS. EsNo.s oPp0oA II ciii ANA
poosa calancery court; reversed and rem
dered.
r. T. Carlisle VS.. Thomas Atchley, ap-
peal from Coosa circuit court; reversed
and remanded
Alabama Great Southern Railroad COM
pany VS.. ]. B. Yount. appeal from Jeffer-
son circuit court; affirmed.
Edward L. Cox VS.. (Mrs.) I. B. Lewis.
ct al, appeal from Pickens chancery
court; affirmed. s0
John Vary, VS.. w. A. Thompson, appeal
from Birmingham city court; reversed
| and rendered.
G. w. Papot vs. Ben F. Barbour. ap-
peal from Birmingham city court; af-
| frmed.
| from Bessemer city court; reversed and
remanded.
| Birmingham Railway. Light and Power
| company vs. Ella Harris. appeal from
| Birmingham city court; affirmed
| st. Louis Hay and Grain company VS..
| American Cast Iron Pipe company. ap-
peal from Jefferson circuit court re-
| versed and rendered.
| E. A. Smith vs. H. II. K. Jefferson, appeal
| from Jefferson chancery court: affirmed.
| Sibley & sibley vs. (Mrs.) M. A. Smith.
appeal from Birmingham city court; at
| firmed.
p r Iockhart VS.. Sloss-Sheffield Steel
and Iron company, appeal from walker
circuit court; reversed and remanded.
Alfred r. Sandiin. ct al. VS.. Kennedy
Staye and Cooperage company, ct al. ap-
peal from Lamar circuit court; affirmed.
Messer-M Moore Insurance and Real Es-
tate company VS.. Trotwood Park Land
company, appeal from JEFFERSON circuit
court; affirmed.
Central Iron and Coal company vs.
b. E. Thompson, appeal from Tuscaloosa
county court; affirmed.
western Union Telegraph company vs.
]. e. Fuel. appeal from Colbert circuit
court; affirmed.
Dan Mcdonald VS.. state OF Alabama,
anneal from Limestone circuit court; re-
versed and remanded.
Mayfield J.-Garland g. Stallworth ct
al. VS.. Richard Roberts ct al appeal from
Mobile chancery court; affirmed.
Hartford Lumber company VI. Tombig-
bee Valley Railroad company, appeal from
Mobile circuit court; reversed and re-
manded Dowdell, c. j.. and Mayfield and
sayre, j. j., dissenting
Mcintyre Lumber and Export company
VS.. jackson Lumber company, appeal
from Mobile law and equity court: at
firmed.
Mobile Electric company vs.. Charlie
L. Sanges, appeal from Mobile law and
equity court reversed and remanded.
Simpson Anderson and Mcclellan, J. j.,
dissenting.
southern Hardware and Supply COM
pany VS.. Standard Equipment company,
appeal from Mobile law and equity court;
affirmed.
Mobile, Jackson and Kansas City Rail-
road company VS.. Bay Shore Lumber COM
In Nd