The Birmingham age-herald., 1912-02-18
ORDERS NEW TRIAL
 IN LOWERY CASE Supreme Court Reverses Circuit Court Judgment CONTINUE CONTEST
Case Grew Out of Contested Election for Probate Judgeship, Lowrey Being Opposed by Petree.
 Number of Decisions

Montgomery, February 17.-(SpeciaL)- The supreme court of Alabama this aftef-
 noon reversed the judgment of the Frank- lin circuit court in the case of William D. Lowrey vs. Sidney J. Petree, which grew out of a contested election for the
 probate judgship. The case has been be- fore the supreme court for several
 months, being appealed to that tribunal
 by Lowrey, who contended that the lower
 court had erred in declaring that he had
 not made sufficient bond for the payment
 of the cost of the contest. The election was held in November, 1910, and Petree was declared to be the winner by one vote. Lowrey immediately filed contest, alleging Petree, a republican, had voted 20 illegal votes. In making bond for the payment of the costs Lowrey specified that he should be responsible for these | costs only in the event he lost the con- | test. Petree's attorney contended that this bond was not sufficient, as Lowrey could | not specify the extent to which he would | be responsible for the cost The circuit court decided against Lowrey, and threw | the case out of court The case was ap- | peaed with the result that the higher
 court today reversed and remanded the case for a new trial. The effect of the
 supreme courts decision will be to allow
 Lowrey to continue his contest. | In addition to putting out q number of
 decisions today the supreme court also
 passed upon a great many applications | for rehearings, one of the most important
 of which is that of James L. Draper, vs. | the state of Alabama ex rel Pierce Pa | tillo, which was appealed from the Nor | gan law and equity court. The court over l ruled the application for rehearing. ,t1I icctD [ | of Hartsele by Governor O'Neal. His | appointment was later withdrawn and | Patilo was named. Draper thereupon sought to oust Patillo. his efforts meeting defeat by both courts. Efforts of w. T. Vandiver to oust Pro-
 bate Judge R. I. Burke of Cullman coun- ty from jurisdiction over the county court
 at Cullman met final defeat in the su-
 preme court today. Vandiver claimed
 that under the constitution Judge Burke, who is not a lawyer. should be learned in
 the law to preside over the court. Other decisions handed down this after
 noon by the supreme court are as follows:
 Simpson, JElizabeth A. Wyman vs.
 Bessie W. Walker, appeal from Mont gomery city court: reversed and re-
 handed. Simpson and Anderson, J. J., dissent.
 Miller Brent Lumber company ct al. vs. Henry Lunday. appeal from Andalusia city court; affirmed Mcclellan, J.-Julia E. Spiers ct all vs T.. J. Zeigler ct al, appeal from Elmore circuit court, affirmed. Sloss-S Sheffield Steel and Iron company vs. w. P. Taft ct al., appeal from Walker circuit court: affirmed. Mayneld, J.-J. Benedick vs. board of | revenue and road commissioners of Mobile | county. appeal from Mobile law and | equity court: affirmed. Marcus Johnson vs Nashville, Chatta-
 nooga and St. Louis railway appeal from
 Marshall circuit court; affirmed. Dow
 dell, c. J., and Mcclellan, J., dissent. Sayre, J.-Mrs Robbie c. Wilks vs
 John R. Wilks ct al, appeal from Gov ington chancery court: affirmed.
 Mary J. Erwin Palmer vs. James A. Sims ct al.. appeal from Chambers chan cery court; affirmed City of Birmingham vs. E. D. Wills appeal from Birmingham city court; re- versed and remanded Somervile J.aA B. Mills vs. Hudmon X Co.,. appeal from Chambers circuit court; affirmed.
 Minnie Reese Richardson ct al vs J. A. l.. w. Mertns appeal from Mont gomery city court, affirmed. J. s. Whitley vs. Wllingham & Bell,
 appeal from Clay county court af- flrmed.
 The following rulings on applica- tions for rehearing were announced to- day in the supreme court John R. Daley vs. Alabama Consol- dated Coal and Iron company ct al appeal from Tuscaloosa chancery court application overruled: opinion modified Kilby Frog and Switch company vs Thomas s. Jackson. appeal from Jef- ferson circuit court; application over ruled.
 G. B. Duy vs. Alabama Western Rail
 road company, appeal from Birmingham city court; application overruled Birmingham Railway. Light and Power company vs. Kate B. Drennen,
 appeal from Jefferson circuit court
 opinion modified; application overruled. Henry Paris vs. state of Alabama appeal from Fayette circuit court; ap- plica ton overruled. Southern Cotton oil company ct al
 vs. w. A. Harris, appeal from BIount
 circuit court; application overruled
 Adele Chamboredon. as guardian etc. vs Toney Fayet ct al. appeal from
 Jefferson chancery court; application overruled
 Amanda Tannehill vs Birmingham Railway, Light and Power company.
 appeal from Birmingham city court; application overruled. J. M. Collins vs. Louisville and Nash Vile Railroad company. appeal from
 Shelby chancery court; application
 overruled.
 CD Mary A. Loring vs. Sidnia shan non Grummon ct al. appeal from De- kalb chancery court; application over ruled
 t2) Mary A. Loring vs. Sdnia shan non Grummon ct al. appeal from De- kalb chancery court; application over ruled.
 Birmingham Trust and Savings com pany vs. W. W. Curry ct al, appeal from Marshall circuit court; application oyer ruled
 DENNY ADDRESSES l