The Birmingham age-herald., 1911-05-06
COMER MAY YET RECOVER DAMAGES Advertisers Petition for Re-
 hearing Denied MANY DISCUSSIONS Only One Case Out of Twenty-Five Is Allowed Rehearing
 By the Supreme
 Court
DISCUSSIONS
MANY

| Montgomery, May 5.-(SpeciaL )-Ac- cording to a ruling announced by tho | supreme court of Alabama, ex- Gov. B. B. Conner may yet be able to recover more than 1c damages from the Adver- ttser company Of Montgomery for the publication of an alleged libelous ar ticle in April, 1904 when the ex-gover- nor was then running for president of the Alabama railroad commission. Ap- plication by the Advertiser company for rehearing of the case has been over ruled, and the case will again be heard in the Birmingham city conrt, in which it originated.
 1 The damag ge suit brought by MT. Co., mer against the Advertiser company has been one of long standing. The suit was brought against the newspa per company in 1904 for S25,000. After considerable delay in the litigation, 1 Governor Conner was rendered iudg ment for l cent. The case was appealed to the su preme court, and that tribunal re- versed the judgment of the lower court, and remanded the case for a new trial! Application was then made by the Ad l fore the supreme court, which appli- cation has been overruled by the su- preme court.
 | Only one case out of 25 on which the supreme court passed was granted a rehearing. This was the case of Willie A. Scales vs. Central Iron and Coal company, appealed from the Tuscaloosa county court. The judgment of af frmance of the lower court was set aside, and the judgment of reversal was entered.
 | Other applications for rehearng passed upon by the. supreme court were as follows:
 | Prelate D. Barker vs. Mobile Electric | company, appeal from Mobile chancery | court; application overruled. | Louisville and Nashville Railroad cora. pany vs. Joseph S. Williams appeal from Autauga circuit court; application over ruled
 First National bank vs J. W. Dimmick, appeal from Montgomery city court opin- ion modified and application overruled.
 State of Alabama ex. rel. c. E. White ct al. vs. Citizens Light and Power com pany, appeal from Montgomery circuit court; application overruled. | J. C. Hunt vs. Preferred Assident J1-.
 
 cry circuit court; application overruled. | S. F. Parriah vs. c. T, Russell, appeal from Coffee circuit court; application overruled.
 Jake Christian vs state of Alabama, appeal from Andalusia city court; appli- cation overruled. | Jack Kelley vs. state of Alabama, ap- l peal from Coffee county court; opinion modified and application overruled.
 Lon Wise vs. John Speers, appeal from Coffee circuit court; application over ruled
 | D. W. Baker vs. A. K. Patterson, ap- | peal from Coosa circuit court applicdti tion overruled.
 B. B. Conner vs. the Advertiser company | et al., appeal from Birmingham city court; application overruled | Mrs. Ida Satterfield vs. Fidelity Mutual | Life Insurance company appeal from Bessemer city court; application over ruled.
 Birmingham Railway. Light and Power company vs. W. L. Humphries, appeal from Birmingham city court; application overruled.
 Tennessee Coal. Iron and Railroad com pany vs. H. Richard Smith. appeal from | Bessemer city court: application with drawn and settled by parties Frank Carpigiani vs F. D. Hall, ct al, appeal from Jefferson probate court; application overruled. (Mrs.) Irene Todd. ct all vs Frank Leslie. appeal from Jefferson chancery court: application overruled. Samuel Brown, as administrator. etc. vs. St. Louis and San Francisco Rail- | road company, appeal from Jefferson | county circuit court; application over ruled.
 Louisville and Nashville Railroad company vs. (Mrs) Dalia Scale, ap- peal from Shelby circuit court; appli- cation overruled. Alabama Consolidated Coal and Iron company vs. Ada " Heald, appeal from Etowah circuit court; application over ruled i fS Louisville and Nashville Railroad company vs. Thomson. as administra- tor, etc, appeal from Morgan law and equity court; application overruled. Clay Swoope, ct al.. vs. Carter Swoope, pro ami. appeal from Lawrence chan cery court; application overruled. James B. Thomas vs. Frank w. IT, vine, appeal from Lauderdale circuit court: application overruled. Willis A. Scales vs. Central Iron and Coal company appeal from Tuscaloosa county county court: application grant ed, judgment of affirmance set aside, and judgment of reversal entered.
 
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