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NATIONAL REPORTER SYSTEM - STATE SERIES

THE

SOUTHERN REPORTER

VOLUME 70

PERMANENT EDITION

COMPRISING

THE DECISIONS OF THE SUPREME AND APPELLATE
COURTS OF ALABAMA AND THE SUPREME
COURTS OF FLORIDA, LOUISIANA

AND MISSISSIPPI

WITH KEY-NUMBER ANNOTATIONS

DECEMBER 18, 1915 - APRIL 1, 1916

KF

ST. PAUL
WEST PUBLISHING CO.

1916

COPYRIGHT, 1915

BY
WEST PUBLISHING COMPANY

COPYRIGHT, 1916

BY
WEST PUBLISHING COMPANY

(70 SO.)

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD

COVERED BY THIS VOLUME

ALABAMA-Supreme Court.

JOHN C. ANDERSON, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
THOMAS C. MCCLELLAN.

ORMOND SOMERVILLE
JAMES J. MAYFIELD.

LUCIEN D. GARDNER.
A. D. SAYRE.

WM. H. THOMAS.

Court of Appeals.
JOHN PELHAM, PRESIDING JUDGE.

ASSOCIATE JUDGES.
B. P. THOMAS.

J. B. BROWN.

FLORIDA-Supreme Court.

R. FENWICK TAYLOR, CHIEF JUSTICE.

JUSTICES.
THOMAS M. SHACKLEFORD. JAMES B. WHITFIELD.
ROBERT S. COCKRELL.

W. H. ELLIS.

LOUISIANA-Supreme Court.

FRANK A. MONROE, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
OLIVIER 0. PROVOSTY.

WALTER B. SOMMERVILLE.
ALFRED D. LAND.

CHARLES A. O'NIELL

MISSISSIPPI-Supreme Court.

SYDNEY SMITH, CHIEF JUSTICE.

ASSOCIATE JUSTICES. 8AM C. COOK.

J. MORGAN STEVENS.

Division 4.1
SYDNEY SMITH, CHIEF JUSTICE,

ASSOCIATE JUSTICES.
J. B. HOLDEN.

E. O. SYKES.
Division B.1
SAM C. COOK, PRESIDING JUSTICE.

ASSOCIATE JUSTICES.
J. MORGAN STEVENS.

CLAYTON D. POTTER.

* Beginning January 27, 1916

598063

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Rules for Separating the Court into Two Permanent Divisions

ADOPTED JANUARY 31, 1916

1. For the more convenient dispatch of when sitting in banc which of the said judg. business the court shall be separated into es shall preside in the absence of the pretwo Divisions of three judges each, one from siding judge. each district, designated respectively as Divi- 4. Each Division, 'except when prevented sions A and B.

by the sitting of the court in banc or when 2. Each of the judges shall be assigned the court in banc shall otherwise direct, to one of the Divisions by order entered shall sit during alternate weeks; the minutes upon the minutes of the court when sitting of a Division shall be signed by the judge in banc, and shall thereafter, during his thereof then presiding. term of office, remain a member of such Di. 5. The court in banc may sit on any day vision unless transferred to the other by or- of a term without previous notice being givder of the court entered upon its minutes en thereof; but when a case is ordered to when sitting in banc.

be argued before the court in banc the clerk, 3. The Chief Justice shall be the presiding at least one week before the day set for the judge of the Division of which he is a mem- hearing, shall mail a notice thereof to each ber. The presiding justice of the other Divi- attorney, or firm of 'attorneys, interested sion shall be judge thereof who has been for therein. the longest time continuously a member of 6. In event any judge of either Division, the court; and in event no judge of a Divi- within fifteen days after a judgment has sion has been continuously a member of the been rendered or an order entered by either court for a longer time than the others, the Division or while a suggestion of error therecourt shall designate by order entered upon

in is pending, shall certify in writing filed its minutes when sitting in banc which of with the clerk that in his opinion such order the said judges shall be the presiding jus-cision of the court, or of either Division

or judgment is in conflict with a prior detice thereof. In the absence of the presiding thereof, the order or judgment shall be set judge, the judge of the Division who has aside by an order entered on the minutes of been for the longest time continuously a the first session thereafter of either the member of the court shall be the acting pre- court in banc or of a Division; and the Chief siding judge thereof; and in event the two Justice shall cause the full court, or judges of a Division other than the presid- quorum thereof, to assemble in conference at ing justice thereof shall have had the same a convenient time for the decision of the period of continuous service, the court shall case; and the judgment agreed on shall be designate by order entered upon its minutes entered at any, sitting of the court in banc. 70 SO.

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