BANK OF COMMERCE v. HOFFMAN & GRAVES. (Supreme Court of Alabama. April 16, 1903.) Appeal from Circuit Court, Greene County; A. A. Evans, Judge. Francis M. Lowe, for appellant. Houston & Power, for appellees. This was an action of assumpsit brought by the appellant against the appellees, and counted upon a bill of exchange. From a judgment in favor of the defendants, the plaintiff appeals. The appeal is dismissed on motion of appellees for want of prosecution. Opinion per Curiam.

BIR

BIRMINGHAM BELT R. CO. v. MINGHAM & A. AIR LINE RY. BIRMINGHAM & A. AIR LINE RY. v. BIRMINGHAM BELT R. CO. (Supreme Court of Alabama. April 21, 1903.) Appeals from Chancery Court, Jefferson County; J. C. Carmichael, Chancellor. London & London, for Birmingham & A. Air Line Ry. Walker, Tillman, Campbell & Walker, for Birmingham Belt R. Co. The appeals in these cases are dismissed by agreement of parties on file. Opinion per Curiam.

DAVIS v. SOUTHERN RY. CO. (Supreme Court of Alabama. June 2, 1903.) Appeal from Circuit Court, Morgan County; A. H. Alston, Judge. E. W. Godbey and W. W. Callahan, for appellant. Humes, Sheffey & Speake, for appellee. This action was brought by the appellant, Susan Davis, against the appellee, the Southern Railway Company, to recover damages for personal injuries alleged to have been inflicted by reason of the negligence of the defendant. From a judgment in favor of the defendant, the plaintiff appeals. The appeal is dismissed by agreement of parties.

DURR v. STATE. (Supreme Court of Alabama. June 1, 1903.) Appeal from Law and Equity Court, Walker County; Peyton Norvell, Judge. Coleman & Bankhead and Leith & Sherer, for appellant. Massey Wilson, Atty. Gen., for the State. The appellant in this case was indicted, tried, and convicted for failing to work a public road, after having been warned to do so. The judgment of conviction is reversed, and judgment is here rendered discharging the defendant, on the authority of Monroe v. State, 34 South. 382. Opinion by McClellan, C. J.

FREENEY V. STATE. (Supreme Court of Alabama. May 14, 1903.) Appeal from Criminal A. Court, Jefferson County; Daniel Greene, Judge. Massey Wilson, Atty. Gen., for the State. The appellant in this case, Sandy Freeney, was indicted, tried, and convicted for an assault with intent to murder, and sentenced to the penitentiary for 10 years. The judgment of conviction is affirmed. Opinion by Dowdell, J.

GILLILAND v. DUNN & CO. (Supreme Court of Alabama. Feb. 28, 1903.) Appeal from Circuit Court, Chambers County; N. D. Denson, Judge. Barnes & Duke, for appellants. Graham & Steiner, for appellee. This was an action brought by the appellees against the appellant, and counted upon promissory notes. From a judgment in favor of the plaintiff, the defendants appeal. The judgment is affirmed on the authority of Gilliland v. Dunn, 34 South. 25. Opinion by Sharpe, J.

GREEN v. STATE. (Supreme Court of Alabama. June 18, 1903.) Appeal from Probate Court, Tuscaloosa County; James C. Brown, Judge. Henry Fitts and Henry A. Jones, for appellant. Massey Wilson, Atty. Gen., for the State. The appeal in this case is from an order of the probate judge of Tuscaloosa county in a habeas corpus proceeding denying a petition of the appellant for bail. The order of the judge denying the petitioner bail is affirmed. Opinion by Tyson, J.

defendant, which damages were alleged to have been caused by the negligence of the defendant or its employés. From a judgment in favor of the defendant, the plaintiff appeals. The judgment is reversed and the cause remanded on the authority of K. C., M. & B. R. Co. v. Weeks, 34 South. 16. Opinion by Dowdell, J.

KENNEDY v. STATE. (Supreme Court of Alabama. May 19, 1903.) Appeal from Circuit Court, Dallas County; A H. Alston Judge. Massey Wilson, Atty. Gen., for the State. The appellant in this case was indicted, tried, and convicted for forgery. The appeal is dismissed. Opinion per Curiam.

KINNIE V. STATE. (Supreme Court of Alabama. May 21, 1903.) Appeal from City Court of Montgomery; William H. Thomas, Judge. Massey Wilson, Atty. Gen., for the State. The appellant in this case was indicted, tried, and convicted for burglary, and sentenced to the penitentiary for four years. The judgment of conviction is affirmed. Opinion by McClellan, C. J.

MONTGOMERY ST. RY. v. ARMSTRONG. (Supreme Court of Alabama. June 4, 1903.) Appeal from City Court of Montgomery; A. D. Sayre, Judge. C. H. Roquemore and Lomax, Crum & Weil, for appellant. Martin & Bouldin, for appellee. This action was brought by the appellee, as administratrix of the estate of Charles Armstrong, deceased, to recover damages for the alleged negligent killing of her intestate. From a judgment in favor of the plaintiff, the defendant appeals. The appeal is dismissed by agreement.

MONTGOMERY ST. RY. CO. v. MASON. (Supreme Court of Alabama. May 14, 1903.) Appeal from City Court of Montgomery; A. D. Sayre, Judge. C. H. Roquemore and Lomax, Crum & Weil, for appellant. George P. Harrison and Fred. S. Ball, for appellee. This action was brought by the appellee against the appellant to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the defendant's negligence. From a judgment in favor of the plaintiff, the defendant appeals. The appeal is dismissed by agreement.

MOTES V. PEOPLE'S BUILDING & LOAN ASS'N. (Supreme Court of Alabama. April 23, 1903.) Appeal from Chancery Court, Pike County; William L. Parks, Chancellor. J. R. Motes, for appellant. Harmon, Dent & Weil and C. E. Harmon, for appellee. The bill in this case was filed by the appellant, M. M. Motes, against the appellee, to enjoin the appellee from foreclosing a mortgage executed by the complainant to it. From a decree denying the relief prayed for and dismissing the bill, the complainant prosecutes the present appeal, and assigns the rendition of said decree as error. The decree is affirmed on the authority of Motes v. People's B. & L. Asso., 34 South. 344. Opinion by Dowdell, J.

in pursuance of such decree. Upon the submission of the cause on the pleadings and proof. the chancellor decreed that the complainant was not entitled to the relief prayed for, and ordered the bill dismissed. From this decree the complainant appeals, and assigns the rendition thereof as error. The decree of the chancellor is affirmed. Opinion by Dowdell, J.

PEARCE v. PEARCE. (Supreme Court of Alabama. June 4, 1903.) Appeal from Chancery Court, Walker County; John C. Carmichael, Chancellor. Coleman & Bankhead and W. C. Davis, for appellant. D. A. McGregor and M. B. McCullom, for appellee. The bill in this case was filed by the appellee, May E. Pearce, against the appellant, J. G. Pearce, to have a certain deed described in the bill set aside and annulled by reason of fraud alleged to have been practiced by the defendant in the procurement of the execution of said deed. The defendant demurred to the bill. From a decree overruling said demurrer, the present appeal is prosecuted. The appeal is dismissed by agreement.

PERRYMAN et al. v. HENDERSON et al. (Supreme Court of Alabama. April 23, 1903.) Appeal from Chancery Court, Jefferson County; Thomas Cobbs, Chancellor. W. C. Ward, for appellants. Cabaniss & Weakley, for appellees. The decree in this cause was reversed and the appeal dismissed by consent of the parties. Opinion per Curiam.

RONEY et al. v. BAKER. (Supreme Court of Alabama. June 9, 1903.) Appeal from Circuit Court, Geneva County; John P. Hubbard, Judge. The judgment appealed from in this case was affirmed for want of assignment of errors. Opinion per Curiam.

STATE V. DURHAM. (Supreme Court of Alabama. April 23, 1903.) Appeal from Circuit Court, Madison County; Osceola Kyle, Judge. Massey Wilson, Atty. Gen., and Cooper & Foster, for the State. King & Bankhead, for appellee. The appellee, Jesse Durham, being imprisoned in the county jail of Madison . county under an indictment for murder in the first degree, filed a petition in this cause for a writ of habeas corpus, and applied for bail during the regular term of the circuit court of Madison county, the petition being addressed to the judge of the city court. After hearing the facts in the case the judge admitted the petitioner to bail, and from the judgment in this behalf the state prosecutes the present appeal. The judgment admitting the petitioner to bail is reversed, and a judgment is here rendered denying the bail to the defendant and dismissing the petition. Opinion per Curiam.

STATE V. WILSON. (Supreme Court of Alabama. April 9, 1903.) Appeal from Probate Court, Autauga County. Massey Wilson, Atty. Gen., for the State. William A. Collier, Mack A. Smith, Jesse Booth, Z. Abney, and H. J. Livingston, for appellee. The appellee filed a petition addressed to Hon. George S. Livingston, judge of probate of Autauga county, asking for a writ of habeas corpus, and that he be allowed bail; it being averred in said petition that he was in custody charged with murder in the first degree. From a judgment of the judge of probate admitting the petitioner to bail on habeas corpus, the state prosecutes the present appeal. The order appealed from is reversed, and a judgment is here rendered denying the bail and dismissing the petition. Opinion per Curiam.

SYZEMORE ▼. STATE. (Supreme Court of Alabama. May 14, 1903.) Appeal from_County Court of Elmore; F. Lloyd Tate, Special Judge. Massey Wilson, Atty. Gen., for the State. The appellant, Henry Syzemore, was prosecuted and convicted for the offense of violating a written contract. The judgment of I conviction is reversed, and judgment here rendered discharging the defendant on the authority of Monroe v. State, 34 South. 382. Opinion by Haralson, J.

WILBORN V. STATE. (Supreme Court of Alabama. April 9, 1903.) Appeal from Circuit Court, Jackson County; J. A. Bilbro, Judge. Massey Wilson, Atty. Gen., for the State. Tally & Hackworth, for appellant. The appellant in this case was indicted, tried, and convicted for grand larceny. The judgment of conviction is affirmed. Opinion by Haralson, J.

ALLEN v. PORTER. (Supreme Court of Florida. May 14, 1901.) Appeal from Circuit Court, Duval County; Rhydon M. Call, Judge. F. W. Pope, for appellant. R. B. Archibald and John E. Hartridge, for appellee. The bill in this cause was filed by the appellee against the appellant and others. There was decree for the complainant, and, upon application of the defendant Ida Allen, severance was ordered, and appeal entered in her name alone.

PER CURIAM. Appeal dismissed on motion of counsel for the appellee.

BABCOCK v. BATCHELOR et al. (Supreme Court of Florida. May 21, 1901.) Appeal from Circuit Court, Orange County; John D. Broome, Judge. Wm. H. Jewell, for appellant. Beggs & Palmer, for appellees. The bill in this cause was filed by the appellant against the appellees. There was decree for the defendants, and the complainant appeals. PER CURIAM. Decree affirmed.

BERTOLA v. OSBORNE. (Supreme Court of Florida. April 16, 1901.) Appeal from Circuit Court, Volusia County; John D. Broome, Judge. The bill in this cause was filed by the appellee against the appellant and others. There was decree for the complainant, and the defendant Bertola appeals. Miller & Austin, for appellant. Isaac A. Stewart (Egford Bly, on the brief), for appellee.

PER CURIAM. The decree is affirmed.

There

BERTOLA et al. v. PACE. (Supreme Court of Florida. Feb. 5, 1901.) Error to Circuit Court, Volusia County; John D. Broome, Judge. This action was an affidavit of illegality of execution issued on a judgment recovered by J. E. Pace against O. T. De G. Bertola. was an order that judgment be entered that the execution is legal and the affidavit of illegality be set aside, and that judgment be entered in favor of the plaintiff in execution and against the defendant in execution, and John C. Krulder and Rudolph Franck, the sureties on the bond filed with the affidavit of illegality, from which the defendant in execution and the sureties take writ of error. Miller & Austin, for plaintiffs in error. A. M. Thrasher, for defendant in error.

PER CURIAM. Writ of error dismissed because the court finds that there is no final judgment shown by the record from which writ of error lies.

peals. E. P. Axtell and J. E. Hartridge, for appellant. W. H. Baker, for appellee.

PER CURIAM. Appeal dismissed on præcipe of counsel for appellant and consent of counsel for appellee.

FIDELITY & DEPOSIT CO. OF MARYLAND v. STAPYLTON et al. (Supreme Court of Florida. Feb. 28, 1901.) Error to Circuit Court, Marion County; William A. Hocker, Judge. This action was brought by the defendants in error against the plaintiff in error. There was judgment for the plaintiffs, and the defendant takes writ of error. Anderson & Hocker, for plaintiff in error. R. W. Davis, R. McConathy, R. A. Burford, and W. S. Jennings, for defendants in error.

PER CURIAM. Writ of error dismissed on præcipe of counsel for plaintiff in error.

JACKSONVILLE LOAN & IMP. CO. v. MAXWELL et al. (Supreme Court of Florida. April 9, 1901.) Error to Circuit Court, Duval County; Rhydon M. Call, Judge. This action was brought by the plaintiff in error against the defendants in error. There was judgment for the defendants, and the plaintiff takes writ of error. E. P. Axtell and Ĉ. D. Rinehart, for plaintiff in error. J. S. Maxwell and A. W. Cockrell & Son, for defendants in error.

PER CURIAM. Writ of error dismissed on motion of counsel for plaintiff in error.

JACKSONVILLE, ST. A. & I. R. RY. CO. v. DANCY et al. (Supreme Court of Florida. Feb. 5, 1901.) Error to Circuit Court, Putnam County; William A. Hocker, Judge. This action was an affidavit of illegality of execution issued on a judgment recovered by Sallie C. Dancy and E. D. Dancy, her husband, against the Jacksonville, St. Augustine & Indian River Railway Company. There was judgment that the affidavit of illegality be not sustained, and the defendant in execution takes writ of error.

R. W. & W. M. Davis, for plaintiff in error. Geo. P. Fowler, for defendants in error.

PER CURIAM. The judgment is affirmed.

JOHNSON v. VERRAULT et al. (Supreme Court of Florida. May 7, 1901.) Error to Circuit Court, Escambia County; William D. Barnes, Judge. This action was brought by the defendants in error against the plaintiff in error. There was judgment for the plaintiffs, and the defendant takes writ of error. Juo. B. Jones (C. H. Laney, on the brief), for plaintiff in error. Blount & Blount, for defendants in error.

PER CURIAM. The judgment is affirmed.

MCMURRAY V. L'ENGLE. (Supreme Court of Florida. April 30, 1901.) Error to Circuit Court, Duval County; Stephen E. Foster, Referee. This action was brought by the plaintiff in error against the defendant in error. There was judgment for the defendant, and the plaintiff takes writ of error. W. B. Owen, for plaintiff in error. Walker & L'Engle, for defendant in error.

PER CURIAM. The judgment is affirmed.

MYERS et al. v. STATE. (Supreme Court of Florida. Jan. 29, 1901.) Error to Circuit Court, Marion County; William A. Hocker, Judge. This action was brought by the defendant in error against the plaintiffs in error. There was judgment for the plaintiff, and the defendants take writ of error. R. B. Bullock, for plaintiffs in error.

PER CURIAM. Writ of error dismissed for failure to file briefs.

O'BRIEN et al. v. RADFORD. (Supreme Court of Florida. June 3, 1901.) Appeal from Circuit Court, Lake County; John D. Broome, Judge. The bill in this cause was filed by the appellee against the appellants. There was decree for the complainant, and the defendants appeal. Anderson & Hocker, for appellants. K. McConathy, for appellee.

PER CURIAM. Appeal dismissed on præcipe of counsel for appellants.

PARKER V. DEKLE. (Supreme Court of Florida. March 12, 1901.) Error to Circuit Court, Manatee County; Joseph B. Wall, Judge. This action was brought by the defendant in error against the plaintiff in error. There was judgment for the plaintiff, and the defendant takes writ of error. Langley & Singeltary, for plaintiff in error. John P. Wall, for defendant in error.

PER CURIAM. Writ of error dismissed on motion of counsel for defendant in error.

appeals. Reversed. L. G. Starbuck, for appellant. Massey & Baumgarten, for appellees.

HOCKER, J. The facts in this case are substantially the same as those in the case of H. A. Moore against the same appellees (decided at this term) 34 South. 305, and the decree appealed from, dated November 21, 1899, is to the same effect, and the assignments of error are the same as in that case. It is therefore ordered, adjudged, and decreed that for the reasons stated in the said case of H. A. Moore v. Mary A. Clem et al. the final decree appealed from, dated November 21, 1899, is reversed, at the cost of appellees, and the cause remanded for further proceedings in accordance with law.

ROSSITER et al. v. PENSACOLA ELECTRIC LIGHT & POWER CO. (Supreme Court of Florida. May 7, 1901.) Error to Circuit Court, Escambia County; William D. Barnes, Judge. This action was brought by the plaintiffs in error against the defendant in error. There was judgment for the defendant, and the plaintiffs take writ of error. Wm. Fisher, for plaintiffs in error. Blount & Blount, for defendant in error.

PER CURIAM. The judgment is affirmed.

SCOTT et al. v. JOHNSON. (Supreme Court of Florida. May 21, 1901.) Error to Circuit Court, Lake County; John D. Broome, Judge. This action was brought by the de fendant in error against the plaintiffs in error. There was judgment for the plaintiff, and the defendants take writ of error. J. C. Langley, for plaintiffs in error. Alex. St. Clair-Abrams, for defendant in error.

PER CURIAM. The judgment is affirmed.

SHERWOOD et al. v. PEDRICK et al. (Supreme Court of Florida. April 9, 1901.) Error to Circuit Court, Alachua County; William A. Hocker, Judge. This action was brought by the defendants in error against the plaintiffs in error. There was judgment for the plaintiffs, and the defendants take writ of error. Evans Haile, for plaintiffs in error. B. A. Thrasher, for defendants in error.

PER CURIAM. Writ of error dismissed on motion of counsel for defendants in error.

SHIPMAN et al. v. TODD. (Supreme Court of Florida. May 7, 1901.) Writ of error to Circuit Court, Bradford County; Rhydon M. Call, Judge. This action was brought by the defendant in error against the plaintiffs in error. There was judgment for the plaintiff, and the defendants take writ of error. Fleming & Fleming, for plaintiffs in error. W. B. Young, for defendant in error.

PER CURIAM. The judgment is affirmed.

SMITH et al. v. HOPE et ux. (Supreme Court of Florida. June 3, 1901.) Appeal from Circuit Court, Hernando County; William A. Hocker, Judge. The bill in this cause was filed by the appellants against the appellees. There was decree for the defendants, and the complainants appeal. J. C. Davant, for appellants.

PER CURIAM. Appeal dismissed on præcipe of counsel for appellants.

SMITH v. WHITFIELD et al. (Supreme Court of Florida. May 21, 1901.) Appeal from Circuit Court, Marion County; William A. Hocker, Judge. The bill in this cause was filed by the appellant against the appellees. There was judgment for the defendants, and the complainant appeals. R. McConathy and W. S.

Bullock, for appellant. W. K. Zewadski and Anderson & Hocker, for appellees.

PER CURIAM. Appeal dismissed on præcipe of counsel for appellant.

STATE ex rel. SOUTHERLAND v. SANDLIN. (Supreme Court of Florida. Jan. 22, 1901.) John H. Treadwell, for relator. H. J. Spence, M. L. Williams, and J. W. Burton, for respondent. This was an original proceeding by mandamus wherein it was sought to compel the respondent to turn over to the relator the office of tax collector of the county of De Soto, together with the assessment rolls, books, papers, records, etc., appertaining to said office. Upon filing his return to the alternative writ by the respondent, the relator demurred thereto, which demurrer was sustained, the return held insufficient, and peremptory writ of mandamus awarded.

THRASHER et al. v. RAULETT et al. (Supreme Court of Florida. Jan. 16, 1901.) Appeal from Circuit Court, Alachua County; William A. Hocker, Judge. The bill in this cause was filed by the appellees against the appellants James B. Brown and Ella D. Brown, his wife, H. F. Dutton, as trustee for H. F. Dutton & Co., and Sadie W. Thrasher. There was decree for the complainants, and the defendants B. A. Thrasher and L. A. Thrasher appeal. Evans Haile and B. A. Thrasher, for appellants. Hampton & Ammons, for appellees.

PER CURIAM. Appeal dismissed on præcipe of counsel for appellants and consent of counsel for appellees.

VISAGE v. VISAGE. (Supreme Court of Florida. Feb. 5, 1901.) Appeal from_Circuit Court, Hillsborough County; Barron Phillips, Judge. The bill in this cause was filed by the appellee against the appellant. There was decree for the complainant, and the defendant appeals. P. O. Knight and C. C. Whitaker, for appellant.

PER CURIAM. The decree is affirmed.

WARD v. MANN. (Supreme Court of Florida. April 9, 1901.) Error to Circuit Court, Baker County; Rhydon M. Call, Judge. This action was brought by the defendant in error against the plaintiff in error. There was judgment for the plaintiff, and the defendant takes writ of error. Geo. U. Walker, for plaintiff in error. Alex. St. Clair-Abrams, for defendant in error.

PER CURIAM. Writ of error dismissed on motion of counsel for defendant in error.

WAY et al. v. BLAKE. (Supreme Court of Florida. May 14, 1901.) Error to Circuit Court, Leon County; John W. Malone, Judge. This action was brought by the defendant in error against the plaintiffs in error. There was judg