The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1911-02-03
DECISION MADE IN
CUMBERLAND CASE
Long List Is Handed Down BY
the Supreme Court
MANY IMPORTANT CASES
County Reyersed-The Trial Court
Refused to Admit a Map
Locating the Accident
BY BERGMAN G. BETTY

| BY BERGMAN G. BETTY
Montgomery, February 2.-(special)-Ir
an opinion handed down today by Mr.
Associate Justice Simpson of the Alabami
supreme court, the union effected by the
Cumberland Presbyterian church and the
| Presbyterian church of America severa
years ago is held to have been valid
| Such was the decision reached in the low
| er court. when the controversy was aired
| in Birmingham.
| Ruling on the church controversy puts
stop in Alabama to one of the most
| mooted questions that has swept the coun-
| try, proceedings to determine the validity
of the union having been instituted, espe-
cially in nearly every state of the south.
The question has been of especial import
ance owing to the great amount of prop
erty involved In the affiiation.
Appeal was brought to the Alabama ST.
preme court by P. H. Harris, ct al, rep
resenting the Birmingham faction in the
controversy, which was opposed to the
union. The case before the supreme court
was styled "P. H. Harris, ct al. VS..
w. NJ. Cosby, ct all the latter having
won out in the Birmingham city court.
Property worth many thousands of dol
lars is shown in the records to be at stake
in the Magic City.
Records in the case run through type
written volume of more than 1000 pages,
the document being one of the most I'M
wieldy of its kind ever brought to the
supreme court
In deciding upon the case the supreme
court upholds the opinion of the lower
court in every instance.
Damage Suit Reversed
Mr.. Associate Justice Mayfield, speak.
ing for the court reversed and remand.
ed the case of the Louisville and Nash
Vile Railroad Co., VS.. Joseph L. Will
liams," an appeal from the Autauga cir
cult court The case involves a dam
age suit of $4,000, which in the lower
court was awarded to the plaintiff
Records in the case show that VII
liams sued the railroad for $4,000 for the
Joss of a leg and foot. Court award
ed him damages amounting to $4,000
which the plaintiff reduced TO $4,000 up
en- notice of an appeal.
Owing to the fact that the trial court
refused to permit the introduction of a
map at the hearing which went to
show the exact spot where the accident
took place. the supreme court reversed
the ruling and sent the case back for
further hearing. The full list of discus
sons handed down today is as follows.
Dowdel, C. j. F. Paris VS.. c. ].
Russell, appeal from Coffee circuit court;
affirmed.
P. E. Greer, ct al. VS.. j. H. Watson,
appeal from Geneva chancery court; af-
| firmed.
James B. Thomas vs. Frank w. Irvine,
appeal from Lauderdale circuit court; re-
versed and remanded.
Simpson, J-Permelia C. Howell, ct al.
VS.. William ]. Randle, administrator, etc,
ct al, appeal from Jefferson chancery
court; reversed and remanded.
Birmingham Railway, Light and Power
company VS.. w. l.. HUMPHREYS, appeal
from Birmingham city court; reversed and
remanded
Joe Dickinson VS.. the State of Alabama,
appeal from Walker law and equity court:
settled and appeal dismissed by agree
ment.
Albert Walker, ct al vs. State of Ala
bama, appeal from Jefferson criminal
court: reversed and remanded.
P. H. Harris, ct al. vs. w. NJ. Cosby,
ct ell, appeal from Birmingham city
court; affirmed.
Mat Sapp VS.. State of Alabama. appeal
from Bessemer city court; affirmed.
W. A. Conoway VS.. Sallie A. Fulmer. ct
al, appeal from Clay probate court; re-
versed and remanded.
r. L. Mcclellan VS.. James R. Robertson
e. Son, ct al, appeal from st. Clair circuit
court; reversed and remanded.
Louisville and Nashville Railroad COM
pany vs. John A. Thomson. as admin
istrator, etc, appeal from Morgan law
and equity court: affirmed.
Yellow Pine Lumber company VS.. Ala
bama State Land company, appeal from
Jackson circuit court; affirmed.
Mcclellan, Twill Riddle VS.. Bessemer
Soil Pipe company. appeal from Bessemer
city court; affirmed.
j. B. Dixon VS.. Jane Hayes, ct al, APP
peal from Jefferson cfhancery court; af-
frmed.
Gus Clewis vs. State of Alabama. ap-
peal from Bessemer city court; affirmed
Lonnie Blake VS.. State of Alabama,
appeal from Jefferson criminal court; af-
| firmed.
Henry Cain VS.. State of Alabama. APP
neal from Jefferson criminal court; af-
| firmed.
Goodbar & Co., VS.. Sam Blackwell, ap.
| zeal from Winston circuit court; re-
versed and remanded
| Alabama City, Gadsden and Alfalfa
| Railway Co., VS.. H. L. Appleton, appeal
from Gadsden city court; reversed and
| remanded.
southern Railway Co.. VS.. Carolina
Portland Cement Co., appeal from JEFF
ferson circuit court; reversed, rendered
and remanded.
| state of Alabama VS.. Nal Patterson
| appeal from order of chancellor, on ha-
beas corpus, allowing the petitioner bail
appeal dismissed.
| Mobile and Birmingham Railroad Co.
Tvs. Louisville and Nashville Railroad &C..
appeal from Mobile circuit court; af-
firmcd.
Mayfield, J.-Louisville and Nashville
Railroad Co., VS.. Joseph s. Williams, ap-
peal from Augusta circuit court revised
| and remanded.
Ida L. Darby as administrative, etc.
VS.. city of Union Springs, appeal frou
Bulloch circuit court; reversed and re
manded.
Tennessee Coal, Iron and Railroad Co.
VS.. H. Richard Smith, appeal from Bes
semer city court; reversed and remand
ed.
Mary Lou Lee ct al. VS.. John Raiford
appeal from Macon circuit court; af
firmed
Alabama Coal and Coke Co., VS.. Gul
/ Coal Co., appeal from Walker law ant
equity court; affirmed.
First Avenue Coal g. Lumber Co., VS.
T. F. Johnston. appeal from jefferson
chancery court; affirmed.
woodward Iron Co., VS.. H. B. Lewis
e; al, as administrators, etc., ap2sa
from Bessemer city court; reversed arr
fremanded.
Central of Georgia Railway Co., We
Nfra r Jones appeal from Jefferson