The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-27
SPECIAL JURY LAW
!. IS BAD INSTRUMENT
Act Declared Invalid By the
Supreme Court
DECISIONS RENDERED
Court Hands Down 20 Cases And 65 APP
pIications for Rehearings - Adj
journment Taken to April 4.
List of Decisions


by giving him poison, will get new
trial by reason of the invalidity of the
Jefferson county jury law. In the first
instance the sentence of the lower court
was affirmed, but, on application for re-
hearing, the point of the bad jury law
was raised and made good, a reversal
and new trial being ordered.
Mr.. Justice Evans who had the case.
says the point was not raised in the
original records. but, after the reversal
of the sentence of George Grain, sem
fenced to hang. 1t was found that the
jury law difficulty would apply to the
Miles and Graves causes as we'll There
were altogether five applications for re-
hearings granted. with two or three con-
tinuances on Saturday, when the court
handed down 20 cases ana IS appfica-
tons for rehearings, followed by adjourn
ment to April A. when the first division
will be called.
The list follows:
Simpson, J-Balkom Fantroy VS.. state
of Alabama, appeal from Barbour circuit
court; reversed and remanded.
III. Y. Brooks vs. C. L. Kettler appeal
from Crenshaw circuit court; reversed
and remanded.
B. r. Ballard VS.. L. F. Cook, appeal
from Coffee circuit court; reversed and
remanded
Anderson, j. r. Bryan VS.. w. F..
Carter ct al, appeal from Birmingham
city court; affirmed.
Mcclellan. J.-Tennesee Coal, Iron and
Railroad company vs. Thomas Harness,
pro- ami. appeal from Jefferson circuit
court; reversed and remanded.
Ex-parte H. X. ALIGN, petition for cer-
tiorari in the supreme court; writ denied.
Mayfield, IA. e. Brodie VS.. New
England Mortgage Security company, ap-
peal from Butler circuit court: reversed
and remanded.
J. w. Pippin VS.. Farmers Warehouse
company ct al, appeal from pale circuit
court; reversed and remanded.
Ida McCreary ct al. VS.. jackson Lum-
Der company, appeal from Covington cir
cult court; affirmed.
Louisville and Nashville Railroad COM
pany VS.. w. H. Barganier, appeal from
Covington circuit court reversed and re-
manded Anderson and Mcclellan, J. J.,
dissenting.
w. H. Wyman, administrator, etc, VS..
Tallapoosa County bank, appeal from
Tallapoosa chancery court; reversed and
remanded Sayre, Jr., dissenting.
Mrs Nellie Cleneay VS.. T. c. Parker
ct al, appeal from Coosa circuit court;
reversed and remanded.
Southern Railway company VS.. G. f.
Harrington, appeal from Walker circuit
court: affirmed.
| Connatta Scipio VS.. Pioneer Mining and
Manufacturing company, appeal from
Birmingham city court reversed and re-
manded.
Sheffield Steel and Iron company
VS.. s. A. Smith, appeal from Walker law
and equity court; reversed and re-
manded.
Birmingham Southern Railroad COM
pany VS.. Cassie Fox, Administrative. etc,
appeal from Birmingham city court; af
firmed.
w. A. Hunt VS.. Fidelity Mutual Life
Insurance company appeal from Bir-
mingham city court: reversed and re-
manded.
g. ]. Tucker, as administrator, ETC., VS..
Atlanta and Birmingham Air Line rail-
way, appeal from st. Clair circuit court;
kaffirmed. Mayfeld, j., dissenting.
Southern Railway company VS.. c. w
Shipp, as administrator, etc, appeal from
Jackson circuit court; affirmed
COutncfl RdiiWdy CohipuAy W.. II. L .
McEntire. appeal from Morgan circuit
court; affirmed.
Louisville and Nashville Railroad COM
pany vs. Henry T. Cook, appeal from
Morgan law and equity court reversed
and remanded.
Sayre, J-J. P. Powell VS.. court of
county commissioners of Madison. ap-
peal from Madison law and equity court;
affirmed.
George c. Pace VS.. Louisville and
Nashville Railroad company. appeal from
Admission city court; reversed and re-
manded.
ct al, application for writ Of prohibition,
etc, in the supreme court; application
denied.
Rehearings Scheduled
Manistee Mill company ct al. vs. Brax
ton B. Hobby, appeal from Monroe circuit
court; application overruled.
j. B. Ellis & Co. VS.. NJ, J. & K. c. r.
R. Co., appeal from Mobile law. and
equity court; application overruled.
| Georgia X. Stratton VS.. Edward G. Fike.
appeal from Mobile law and equity court;
DUPLICATION overrued.
J. M. Ackley & Co. VS.. Hunter-Benn &
| Co., appeal from Mobile chancery court;
| application overruled.
william A. Shriner VS.. John Craft, ap-
| peal from Mobile circuit court; applica-
| ton overrule6.
| Southern Railway company VS.. James A.
Lewis, appeal from Mobile circuit court;
| application CveIruled.
| John Doe, State Land company, ct a.
| Va. Richard Roe, Factors and Traders
Insurance company. appeal from Mobile
| law and equity court application over
| ruled.
| Mutual Life Insurance company VS..
| Lula r. Allen, appeal from Dallas circuit
court; opinion modified and application
for rehearing overruled.
H. C. Mckinney VS.. commissioners
court of Bibb county, appeal from Bibh
circuit court; continued.
| Lehman-Durr Co. VS.. George A. Folmar
ct al. appeal from Montgomery chancery
court; application overruled.
| w. w. Brandon auditor, VS.. Price Will
liains. jucge, ETC., appeal from Montgom-
cry city court; application overruled.
| Western Union Telegraph company VS..
W. H. Powell, appeal from Montgomery
| city court; application overruled and opin-
| ion modified. ts,
| c. s. DeJarnette VS.. d. r. Dreyfus ct
al, appeal from Montgomery city court;
| application overruled.
| Jacob a. McGehee vs. Western Union
| Telegraph company, appeal from Butler
circuit court; application granted, judg-
ment of affirmance set aside and judg-
| ment of reversal entered.
Louisville and Nashville Railroad COM
pany VS.. w. L. Perkins, administrator,
appeal from Escambia circuit court; ap-
| plication cvsrruled.
| John r. Tyson ct al. VS.. Mary v. Aus
TILL appeal from Lowndes chancery court;
| continued.
| P. Fl. DeJardeleben ct al. VS.. J. T. Dick
son. apptai from Lowndes circuit court
application overruled