The Birmingham age-herald., 1923-04-06
CoNsIDER CURTIs CASE

vented him from including Hichard Harris among the beneficiaries.
 CONSIDER CURTIS CASE
 The court of appeals Thursday afternoon took under advisement the petition of attorneys for John s, Curtis, former probate judge of Jefferson county circuit court to set aside an order vacating Curtis plea of guilty to the charge of contribut- ing to the delinquency of a minor girl. Arguments were made by Clar- enee Mullin and Judge c. c. Nesmith of Birmingham in support of the application.
 The state was granted 15 days in which to file briefs in opposition to Curtis petition. Mrs. Edwina Falllner. assistant attorney general. made her first appearance before the court of appeals in this case. Mrs. Falkner was appointed several months ago as the successor of Mrs. Bernioe Summers OsgoCd.
 Curtis was tried first in the Juve- nile court. He was convicted and then appealed to the circuit court. In the circuit court he was permitted to plead guilty and pay a fine of s100. Later Judge Heflin who re- ceived the plea set it aside and directed that Curtis be brought be- lure lHc tOult lOI tildi
 Attorneys for Curtis contend that Judge Heflin exceeded his authority in setting aside the plea of guilty Curtis was removed from the office of probate judge of Winston +coun- ty by the supreme court about two years ago.
 MORGAN MAN GETS NEW TRIAL
 Harry Bolton, convicted of murder and sentenced to life imprisonment by the Morgan circuit court, was granted a new trial by the supreme court today. Bolton was convicted of the murder of Dennis Cheatham, a relative by marriage. The supreme court held that the trial court errored in charging the jury that If 1t be- lieved the evidence beyond req sonable doubt it should render yer dict for the state. Ed Laws of Mad ison, sentenced to 35 years for the murder of Bettie Williams, must serve his term. The supreme court affirmed the judgment Of the Mad ison circuit court
 The supreme court affirmed the judgment of the Jefferson county court in favor of the defendant in the supreme court brought against the Birmingham News Publishing com pany by Calvin " Chandler. Chandler sued for damages contending that letter written by w. S. Dunston, an empioye of the newspaper, to the chief railway postal clerk regarding the failure Of a all clerk to throw over a batch of papers at Wellington constituted a libel against Chandler. A jury rendered a verdict in favor of the newspaper and it was sustained by the opinion of the supreme court.
 FAILS TO BREAK WILL
 Decisioss announced by the su- preme court follow:
 ANDERGON T-Eafin Dudley vs. P. w. Rye. ct als. Crenshaw cir cult court: reversed and rendered.
 J. l.. Crocker vs. Joe Goldstein. lief ferson circuit court; corrected and affirmed.
 all, appeal from Jefferson circuit ,ouri, reversed and remanded
 Tillman Rikard vs. state, Colbert ci~nuit court; affirmed.
 w, M Brothers vs. Monroe Norris, Morgan circuit court: affirmed.
 SAYRE, J.-Will Davis vs. state, Jefferson circuit court; affirmed
 Charles w. Ford vs. William D. Hankins. Jefferson circuit court af- firmed.
 John Little ct al. vs. Richard liar rs Little, Tuscaloosa circuit court; reversed ahd rendered.
 k. l.. Miller ct al. vs. John Henry Thompson ct al, Etowah circuit court (equity); affirmed.
 southern Railway company vs. Margaret J. Hayne, Calhoun circuit court; reversed and remanded.
 State of Alabama vs. John V. Mat thews. Madison circuit court; af- firmed.
 marry Bolton vs. state, Morgan cir emit court; reversed and remanded
 Molli> G. Hall. executrix, CSC vs i Ida D. Bushnell, Madison circuit court: @ affirmed
 I. R. Watkins Medicine company ys l. L. Hargett ct al., Franklin cir emit court. reversed and remanded. GARDNER, J.:-.Julia A. Pollack. ct al exrx. etc. vs. $. M. Pope, Marengo circuit court, (eauity); reversed rendered and remanded.
 s. l. Kennedy vs. Mrs. l. K. Sorsby ct al. Jefferson circuit court, (equl- B. stack vs Tennessee Land company. ct al. Jefferson circuit l court; reversed and remanded.
 ROAD CONTRACT CASE
 Dunn Construction company vs. W. L. White, Jefferson circuit court; (equity): affirmed.
 c. D. Ebersole ct al vs. Alabama Home Building and Loan association Jefferson circuit court, (equity); ar itrmed. -
 Josie Johnson vs. John r. Sandlin | ct al, Blount circuit court. (equity); affirmed.
 r. c. Aaine. admr. etc. vs. St. L'l and s. F. Railroad company F"N-