The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-04
FAMOUS TAX CASE
IS ECHOED IN HIGH
c D j R 7 DECISION
M. N, Morrow Loses In Effort
To Collect SIS, 1000
Damages
STiTE CAPITAL BUREAU !
THE AGE-HERALD
MontgOmery. AIa.. Man 8 ]

Another
county tax cases was heard Thursday
when the supreme court reversed the
decision of the Coffee circuit court
which awarded Marion N Morrow a
Judgment for $4,000 against l.. L.
Phillips, William C. Wilson and A
W. Grow, former state law enforce
ment officers, and the National
Surety company.
Morrow was arrested by the Of
ficers on a charge of breaking into
the Coffee county court house and
stealing the tax records. He and two
others were brought to Montgomery
on n warrant issued by Judge Leon
allegation, We're held two days. Nor
row sued for $4,000 on the allegation
that he was falsely imprisoned.
The suit attracted much attention
at the time and the defendants
sought a change of venue to another
county, alleging that the public mind
in Coffee was inflamed and that a
fair trial could not be obtained. News
paper publications were offered as
proof. The trial judge refused the
motion for the change of venue.
After the verdict was returned the
defendants sought new Tal, In
sstng that a fair trial was not given.
This motion likewise was denied.
The supreme court granted another
tTldl DeCduSo INC tIIdl court refused
to charge the jury that the bonding
company could not be forced to pay
punitive damages for any unlawful
acts OF the officers and that damages
could not be exacted from the COM
pany in any amount greater than ac-
tual compensation for the injuries
suffered.
Tax records of Coffee county were
stolen February Is, 1921. and have
never been found.
Decisions announced by the su-
preme court Thursday follows:
lips ct al VS.. Marion N. Morrow, COT
fee circuit court;reversed and re-
manded.
First National Bank Of Athens VS..
II. c. Laughlin ct al. Madison circuit
court; reversed and remanded
state. Bibb circuit court; affirmed.
Date of execution Friday. June 8,
1928.
Borden Burr VS.. Julia Manson. ad-
ministratrix, Jefferson circuit court;
reversed and remanded.
eral ere Walter White VS.. state)
petition for certiorari to court of ap-
peals; writ granted.
SAYRE. ben Moore VS.. state.
Chambers circuit court; affirmed.
pate Of execution Friday. June s,
Planter Chemical and Oil company
VS.. Joe S. Daniel. sheriff ETC., Chero-
manded.
NJ. H. Killian. ct al VS.. Trigg, Dobbs
and company. DeKalb circuit court
equity affirmed.
Grady Hughes pro ami VS.. John
Dempsey ct AL Franklin circuit court
tequlty) affirmed.
SOMERVILLE. J.-Winston Jack
son, alias etc, VS.. state, Wilcox cir
cult court Affirmed, date of execu
ton set for Friday, June s, 1923.
Tom Wilson vs. state, Limestone
circuit court, affirmed; date of
execution set for Friday. June s,
GARDNER J-Ex porte Charley
New, Gre New vs.. state) petition for
denied
Elk parte Frank Davis Gre Davis
court of appeals; writ denied.
Gulf States Steel company VS.. R p.
Beveridge. appeal from jefferson
j. A. Hill VS.. G.. Wittmeier ct al,
Blount circuit court; affirmed
W. H. Britain ct al VS.. Mrs. S. P.
Vickers. Clay circuit court; reversed
and remanded
NJ. B: Grace VS.. w. H. Montgomery.
Clay circuit court (equity); reversed
and remanded
Citizens Bank and Security COM
pany VS.. commissioners court Dekalb
circuit court; affirmed.
l.. T. Webb VS.. Joe Bryant. Jack
son circuit court; affirmed.
Mary Lou Danck ct al VS.. T. L.
Baker; Morgan circuit court; at
T. r. Ratcliff VS.. Josie RatcIiff,
Marshall circuit court equity: at
firmed.
MILLER J-state of Alabama ct al
VS.. J. NJ Donaldson, Coffee circuit
court; affirmed.
Southern Railroad company, Jeffer-
son circuit court. (Bessemer divi-
sion); reversed and remanded
Elk parte Thomas c. Cairns. petition
for mandamus; writ denied and pc
tition dismissed.
Miller, jefferson circuit court, (Bes-
semer divisions; reversed and re-
manded.
City of Tuscaloosa VS.. Aston Fits
Tuscaloosa circuit court; reversed
and remanded.
Lizzie Wright VS. City of Bessemer,
jefferson circuit court, (Bessemer d.
vision); reversed and remanded.
Elk parte State ex rel attorney gen.
eral Gre Vance VS.. state), petition for
certiorari for court of appeals; writ
granted.
Sarah v. Hamec ct AL VS.. Elvira
Drake ct al. Madison circuit, court
equity; affirmed.
A. C. Hall VS.. G. 7. Pearce, Marshall
circuit court: affirmed.
w. ]. Walling VS.. Sam Fields, Nor
gan circuit court; reversed and re-
manded
THOMAS J-C B. Henry ct al, vs..
H. c. Ide ct al. Calhoun circuit court,
equity; affirmed.
Kilby Car and Foundry company
VS.. Georgia Casualty company, Cal
houn circuit court; affirmed
Rulings on applications for rehear-
ings.
Hanover Fire Insurance company
VS.. w. ]. Wood. jefferson circuit
court; overruled.
Birmingham News VS.. Birmingham
Printing company. Jefferson circuit
court; overruled.
Mrs. R. A. Richardson ct ais, VS..
T B. Little, Lauderdale circuit court,
equity; overruled.
D. o. Austin VS.. ]. D. Snodgrass
ct al. Jackson circuit court (equity);
overruled.
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