The Birmingham age-herald., 1911-06-14
COURT UPHOLDS
 JUDGE BALLENTINE
Supreme Court HandsD Down Number of Important
 Decisions

Mont gomery June 1S,-(special.) )-Tan- cred Betts of Huntsville was erroneous | in his conclusion that he was entitled 10 the iudgeship of the Madison county law and equity court until January of 1911, Just passed, according to decision of the Alabama supreme court. handed down today. The contention of James H. Bal lentine that he was entitled to the office from the time of his election in 1910 was at the same time sustained by the court.
 While the decision of the upper tribu- nal can have no effect upon the plaintiff and defendant at this times the case is of more than passing interest Judge Betts was appointed to office at the time the court was created. and remained officially in charge until the election of 1910, when Judge Ballentine was elected as his suc- cessor. Judge Balentne was given his commission immediately. and attempted to take charge of the office. He was op- posed in this, however, by Judge Betts who contended that the office was his until January of 1912.
 The case was taken to court, whereupon same time ordering that the keys to the Judge D. W. Speake held that Judge Ballentine was entitled to office, at the jury box be turned over to the nominee. Judge Betts appealed from this decision' but the supreme court in its decision sus- tained the lower court.
 A 30-year sentence imposed upon Claud Clancy of Gadsden for the mur- der of Sam Snider, has been vitiated by the supreme court on the ground that the court refused to admit two charges which the defendants had re- Guested. The murder was committed last March. Under the supreme court decision the case goes back to Etowah county for a rehearing, when the con- victed man will have another oppor- tunlty at his life.
 A decision of Chancellor L. D. Gard ner to the effect that w. s. Oates of Henry county could not prevent the tax collector of that county from col lecting taxes on his property on the ground that he had not received any notice of raises, was sustained by the court Oates contended that the act creating the state tax commission was silent as to the procedure in such in- stances, but the court held that the purport of the law was for prompt payment
 The list of decisions handed down to- day follow;
 Simpson. J.-Kate Coleman ct al vs. Clnud Coleman ct al, appeal from Au- tausa chancery court; affirmed.
 Anderson. J.-Claude Clancy vs. the state of Alabama. appeal from Gads- den city court; reversed and remanded.
 Mcclellan, J.-W. s. Oates vs. W. ]. V hitehead as tax collector, etc, ap- peal from Henry chancery court; af- firnaed
 Mayfield, J-Tancred Betts vs. James H. Ballentine, appeal from Madison circuit court; affirmed.
 Court of Appeals
 List of decisions in the court of appeals of Alabama, Tuesday, June 1S, 1911; Per Curiam: Arch Bowling V. The City of Troy appeal from Pike circuit court; reversed and remanded. | Walker, P. J.: Western Newspaper Union V. W. H. II. Judson. appeal from Bessemer city court; reversed and re- | manded.
 Annie Sims V, The State of Alabama, appeal from Shelby county court; af- | frmed.
 | Rat Humphries V The State of Ala l bama. appeal from Anniston city court; affirmed.
 De Graffenried, J.; H. c. Feat V c. D. | Chapman & Co.,, appeal from Geneva circuit court; reversed and remanded.
 Hez Palmer V. The State of Alabama, appeal from Marion circuit court re- versed and remanded Bonnie Barrentine v The State of Ala bama, appeal from Walker circuit court; affirmed.
 Pelham, J.: Dave Jackson V The State of Alabama, appeal from Montgomery city court; affirmed Luke Flowers V. The State of Alabama, appeal from Coffee circuit court; af- f1rmed.
 Fayette Palmer V. The State of Ala ban1a, appeal from Marion circuit court; reversed and remanded.