This plea seeks to avoid recovery on the ground that there was fraud and false swearing, because the proof of loss showed the value to be $3,646.75, whereas the declaration, and the "testimony under oath, on the stand, as witness," of plaintiff, showed the value to be only $3,400. It is plain that any further answer on this line would have been futile, and it was plain to the court below, which saw the whole trial. The loss was concededly total, the explanation of the witness reasonable, and the values concededly far in excess of the insurance, so that, even if the swearing at one or the other of the two times was designedly false, it is impossible that it could have been prejudicial or harmful in any way to the insurance company. 13 A. & E. Ency. of Law, 344; Bank v. Firemen's Ins. Co., 87 Wis. 297, 58 N. W. 391.

The Insurance Company then tried to plead over, and presented its fifth and sixth special pleas on the same line of crossswearing, and the court properly, as we think, refused to permit them to be filed, for the reasons above given as to the third special plea. Affirmed.

MEMORANDUM DECISIONS.

ALABAMA GREAT SOUTHERN R. CO. v. WILDS. (Supreme Court of Alabama. June 28, 1903.) Appeal from Tuscaloosa County Court; J. J. Mayfield, Judge. Smith & Weatherly, for appellant. Vande Graaff & Verner, for appellee. This was an action brought by the appellee, Fannie E. Wilds, administratrix of the estate of W. H. Wilds, deceased, against the Alabama Great Southern Railroad Company to recover damages for the alleged negligent killing of the plaintiff's intestate. From a judgment in favor of the plaintiff the defendant appeals. The cause was settled by agreement of parties, and the cause dismissed. Opinion per curiam.

CASEY et al. v. BARNARD. (Supreme Court of Alabama. Feb. 3, 1904.) Appeal from Circuit Court, Marshall County; J. A. Bilbro, Judge. Street & Isbell and McCord & McCord, for appellants. John. A. Lusk, for appellee. The appeal in this case was dismissed by appellants. Opinion per curiam.

CLEMENTS v. MAAS & HOLMES. (Supreme Court of Alabama. Feb. 9, 1904.) Appeal from Chancery Court, Tuscaloosa County; John C. Carmichael, Chancellor. A. B. McEachin, for appellant. Foster & Oliver, for appellees. The proceedings in this case were had upon a petition filed by the appellant, Laura G. Clements, addressed to the chancellor, asking that the sale of certain lands by the register of the chancery court of Tuscaloosa county be vacated and set aside, upon the ground of inadequacy of price. The appellees, who were the purchasers at said sale, also filed a motion to confirm the sale. The cause was submitted upon the petition of the appellant, the motion

of the appellees, and the affidavits supporting them. On the submission of the cause the chancellor rendered a decree confirming the sale. From this decree the present appeal is prosecuted. The decree of the chancellor is affirmed. Opinion by Haralson, J.

FLEMING v. STATE. (Supreme Court of Alabama. Feb. 11, 1904.) Appeal from City Court of Montgomery; William H. Thomas, Judge. Massey Wilson, Atty. Gen., for the State. The appellant in this case was prosecuted and convicted for abandoning his family. The judgment of conviction is affirmed. Opinion by Sharpe, J.

GLENN v. FIRST NAT. BANK OF GADSDEN. (Supreme Court of Alabama. June 30, 1903.) Appeal from City Court of Gadsden; John H. Disque, Judge. Aiken & Martin, for appellant. Burnett, Hood & Murphree, for appellee. This was a statutory trial of the right of property. The appellee recovered a judgment against A. L. Glenn and others. Prior to the rendition of such judgment, a garnishment was issued and served upon Motley & Short. The answer of the garnishees disclosed the fact that they had in their possession certain money supposed to be the money of A. L. Glenn. The garnishees suggested in their answer, however, that they had been informed that the appellant, Emma Glenn, claimed said money. The money was paid into court by Motley & Short, the garnishees. Thereupon the appellant, Emma Glenn, propounded a claim to the money, which had been in the hands of the garnishees and been paid into court, and the statutory trial of the right of property was thereupon instituted. The trial was had before the court without the intervention of a jury, and upon the hearing of all the evidence the court rendered judgment in favor of the defendant in the claim suit. From this judgment the claimant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved. The judgment is affirmed. Opinion by Dowdell, J.

GOWENS v. STATE. (Supreme Court of Alabama. Feb. 3, 1904.) Appeal from Circuit Court, Cherokee County; J. A. Bilbro, Judge. Massey Wilson, Atty. Gen., for the State. The appellant in this case was indicted and tried for murder, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for seven years. The judgment of conviction is affirmed. Opinion per curiam.

JOHNSON v. BROOKE. (Supreme Court of Alabama. Feb. 3, 1904.) Appeal from Circuit Court, Madison County. Osceola Kyle, Judge. King & Bankhead, for appellant. Cooper & Foster, for appellee. This was an attachment suit, brought by the appellant, L. H. Johnson, against the appellee, George W. Brooke. There was a motion made to quash and set aside the writ of attachment levied upon the property of the defendant. This motion to quash was granted, and thereupon the defendant took a nonsuit, with bill of exceptions. The appeal is prosecuted from a judgment quashing the writ of attachment. appeal is dismissed. Opinion per curiam.

The

KIRK et al. v. SPILLER. (Supreme Court of Alabama. Feb. 2, 1904.) Appeal from Circuit Court, Jackson County; J. A. Bilbro, Judge. J. E. Brown, for appellants. D. A. Grayson, for appellee. The appeal in this case was dismissed on motion by appellants. Opinion per curiam.

LECOMPT v. HENDERSON et al. (Supreme Court of Alabama. Jan. 21, 1904.) Appeal from Circuit Court, Coffee County; John P. Hubbard, Judge. Hickman & Riley, for appellant. Sollie & Kirkland, for appellees. This was an action of assumpsit, brought by the appellant against the appellees, and sought to recover an amount alleged to be due upon an account and for money had and received. The judgment is affirmed. Opinion by McClellan, C. J.

MOBILE & M. RY. CO. et al. v. ALABAMA MIDLAND RY. CO. (Supreme Court of Alabama. Feb. 2, 1904.) Appeal from Chancery Court, Montgomery County; William L. Parks, Chancellor. Thos. G. & Chas. P. Jones and Alex. C. Birch, for appellant. A. A. Wiley, for appellee. Appeal dismissed by agreement.

NANCE v. DEARING & ORMAN. (Supreme Court of Alabama. Feb. 4, 1904.) Appeal from Circuit Court, Franklin County; A. H. Alston, Judge. Almon & Bullock, for appellant. W. H. Key, for appellee. This was an action brought by the appellant against the appellee to recover an amount alleged to be due the plaintiff for the use and occupation of plaintiff's house. From a judgment in favor of the defendants the present appeal is prosecuted. The judgment is reversed, and the cause remanded. Opinion by McClellan, C. J.

PERRY v. BOYD et al. (Supreme Court of Alabama. Feb. 2, 1904.) Appeal from Chancery Court, Lauderdale County; William H. Simpson, Chancellor. Simpson & Jones and J. B. Weakley, for appellant. R. W. Walker and John T. Ashcraft, for appellees. The bill in this case was filed by the appellees against the appellant, and sought to rescind a contract of purchase of certain real estate, including certain water rights and privileges. The present appeal is prosecuted from a decree granting the complainants the relief prayed for and ordered accordingly. The decree is affirmed. Opinion by Sharpe, J.

PHILLIPS & BUTTORFF MFG. CO. v. GOODWYN. (Supreme Court of Alabama. Feb. 13, 1904.) Appeal from Circuit Court, Marshall County; A. H. Alston, Judge. Street & Isbell, for appellant. McCord & McCord, for appellee. The appellant in this case recovered a judgment against the appellee in 1900. Upon this judgment execution was issued and levied upon certain lands. After the levy of the execution, the appellee, who was the defendant in said suit, interposed a claim of homestead exemption. The appellant, who was the plaintiff in said suit, filed an affidavit of contest to the claim of homestead exemptions, and the proceedings in the present case were had upon such contest. In this contest judgment was rendered for the defendant. This judgment was rendered on October 14, 1902, and on said date, when the judgment was rendered, an order was regularly made and entered allowing the plaintiff 30 days within which to have signed the bill of exceptions. The term of the court at which the said judgment was rendered adjourned on October 16, 1902. On the day of the adjournment of said court an order was regularly made and entered adjourning said regular term and ordering an adjourned term of two weeks to commence on November 17, 1902. On November 17, 1902, the court regularly convened and remained in session until November 29,

1902. The bill of exceptions, which was copied in the transcript, was presented to the judge for his signature on November 19, 1902, during the adjourned term of the court; the same judge presiding at the adjourned term who presided at the regular term. The judge refused to sign said bill of exceptions, upon the ground that it was not presented within the time prescribed by the previous order of the court. There was a motion made in the Supreme Court to establish the bill of exceptions. Said motion was overruled, upon the ground that after the expiration of 30 days, as allowed by said order for the signing of the bill of exceptions, the same could not be signed by the trial judge, nor could it be established. Opinion per curiam.

ROGERS V. STATE. (Supreme Court of Alabama. July 7, 1903.) Appeal from City Court of Montgomery; William H. Thomas, Judge. Wilford H. Smith, for appellant. Massey Wilson, Atty. Gen., and S. H. Dent, Jr., for the State. The appellant in this case was indicted and tried for murder, was convicted of murder in the second degree, and sentenced to the penitentiary for 25 years. The judgment is reversed, and the cause remanded, on the authority of the decision and in pursuance of the mandate of the Supreme Court of the United States. Opinion per curiam.

Ex parte RUSSELL et al. (Supreme Court of Alabama. March 4, 1904.) This was an original petition, filed in the Supreme Court, asking for a mandamus. The court holds that the order sought to be vacated was not void, but was a final decree, and that, therefore, the petitioners, having a remedy by appeal for the correction of any error under said order, were not entitled to mandamus. Mandamus denied. Opinion by Sharpe, J. McClellan, C. J., not sitting.

SIMS v. LOEB et al. (Supreme Court of Alabama. Jan. 21, 1904.) Appeal from City Court of Montgomery, in Équity; A. D. Sayre, Judge. Gordon Macdonald, for appellant. Crum & Weil, for appellees. The bill in this case was filed by the appellant against the appellees, seeking the specific performance of a contract. On 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 as error the rendition thereof. The decree is affirmed. Opinion by Haralson, J.

STATE v. JOHNSON et al. (Supreme Court of Alabama. March 4, 1904.) Appeal fron Order of Probate Judge of Bibb County Granting Bail on Habeas Corpus. Massey Wilson, Atty Gen., for the State. S. D. Logan, for appellees. The appeal in this case was prosecuted from an order granting bail to the appellees on habeas corpus proceedings. The order granting the appeal is affirmed. Opinion by McClellan, C. J.

STONE v. STATE. (Supreme Court of Alabama. Feb. 4, 1904.) Appeal from Criminal Court, Jefferson County; Daniel A. Greene, Judge. Richard H. Fries and A. Leo Oberdorfer, for appellant. Massey Wilson, Atty. Gen., for the State. The appellant in this case, Robert Stone, was indicted, tried, and convicted for murder, and sentenced to be hanged. The judgment of conviction is affirmed. Opinion by Sharpe, J.

TUSCALOOSA BELT RY. CO. v. HEPSTALL. (Supreme Court of Alabama. Jan. 20, 1904.) Appeal from Tuscaloosa County Court; Henry B. Foster, Judge. Henry Fitts, for appellant. Daniel Collier, M. T. Ormond, and Foster & Oliver, for appellee. This action was brought by the appellee, as administrator of the estate of Mary E. Blackburn, deceased, against the appellant, the Tuscaloosa Belt Railway Company, to recover damages for the alleged negligent killing of the plaintiff's intestate. From a judgment assessing the plaintiff's damages at $12,000 the present appeal is prosecuted. In this court the appeal was dismissed by agreement of parties. Opinion by Sharpe, J.

ARDIS v. STATE. (Supreme Court of Florida. Sept. 10, 1902.) Error to Criminal Court of Record, Escambia County; A. C. Blount, Jr., 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.

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

BULLOCK v. McCARTHY. (Supreme Court of Florida. Oct. 9, 1902.) Appeal from Circuit Court, Marion County; William A. Hocker, Judge. The bill in this cause was filed by the appellee against the appellant. There was decree for the complainant, and the defendant appeals. R. A. Burford, for appellant. Jno. G. Reardon, for appellee.

PER CURIAM. Decree affirmed.

CASHMAN et al. (FORCHEIMER, Garnishee) v. WALLACE, ELLIOTT & CO. (Supreme Court of Florida, Division A. Jan. 12, 1903.) Error to Circuit Court, Escambia County; Evelyn C. Maxwell, Judge. This action was brought by the plaintiffs in error against the defendants in error. There was judgment for the defendants, and the plaintiffs take writ of error. Liddon & Eagan, for plaintiffs in error. Wm. Fisher and E. D. Beggs (A. A. Fisher, on the brief), for defendants in error.

PER CURIAM. The judgment is affirmed.

CITY OF TAMPA et al. v. WEBB. (Supreme Court of Florida. Dec. 24, 1902.) Appeal from Circuit Court, Hillsborough County; Joseph B. Wall, Judge. The bill in this cause was filed by the appellee against the appellants. There was decree _for_the_complainant, and the defendants appeal. D. C. McMullen, for appellants.

PER CURIAM. Dismissed on præcipe of counsel for appellants.

CLARKSON v. GILBERT et al. (Supreme Court of Florida. Oct. 29, 1902.) Error to Circuit Court, Osceola County; John D. Broome, 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. Shackleford & Pettingill, for plaintiff in error. Beggs & Palmer, for defendants in error.

PER CURIAM. The judgment is affirmed.

CLEMENTS v. MIDDLETON. (Supreme Court of Florida, Division B. Dec. 22, 1902.) Error to Circuit Court, Marion County; Wil

liam A. Hocker, 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. Anderson & Hocker, for plaintiff in error. Raymond B. Bullock, for defendant in error. PER CURIAM. Judgment affirmed.

COOMBS et al. v. CYPRESS LUMBER CO. (Supreme Court of Florida. June 24, 1902.) Error to Circuit Court, Franklin County; John W. Malone, 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. C. H. B. Floyd, for plaintiffs in error. W. B. Sheppard, for defendant in error.

PER CURIAM. Dismissed for failure to file transcript of record.

CULLINANE et al. v. ALLEN. (Supreme Court of Florida. Sept. 25, 1902.) Error to Circuit Court, Duval County; R. 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. Thos. A. Ledwith and A. W. Cockrell & Son, for plaintiffs in error.

PER CURIAM. Dismissed on præcipe of counsel for the plaintiffs in error.

DE GIORGI BERTOLA v. STETSON. (Supreme Court of Florida. Oct. 21, 1902.) Appeal from Circuit Court, Volusia County; John D. Broome, Judge. The bill in this cause was filed by the appellant against the appellee. There was decree for the defendant, and the complainant appeals. F. C. Austin, J. W. Price, and R. W. Davis, for appellant. Parrott & Hamlin for appellee.

PER CURIAM. The decree is affirmed.

DE GIORGI BERTOLA et al. v. STETSON. (Supreme Court of Florida. Oct. 21, 1902.) Error to Circuit Court, Volusia County; John D. Broome, 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. F. C. Austin, J. W. Price, and R. W. Davis, for plaintiffs in error. Parrott & Hamlin, for defendant in error.

PER CURIAM. The judgment is affirmed.

was

DE RICARDO v. STATE. (Supreme Court of Florida. Oct. 14, 1902.) Error to Criminal Court of Record, Hillsborough County; William S. Graham, Judge. This action brought by the defendant in error against the plaintiff in error. There was judgment for the plaintiff, and the defendant takes writ of error. F. M. Simonton and W. B. Lamar, Atty. Gen., for the State.

PER CURIAM. The writ of error is dismissed, on motion of counsel for defendant in error, for failure to prosecute.

ENDEL et al. v. ENDEL. (No. 3.) (Supreme Court of Florida. July 8, 1902.) Appeal from Circuit Court, Alachua County; J. A. Ammons, Circuit Court Commissioner. The bill in this cause was filed by the appellee against the appellants. There was decree for the complainant, and the defendants appeal. Evans Haile, for appellants Phifer Bros. E. C. F. Sanchez, for appellant Albert M. Endel. Robert E. Davis, for appellee.

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

FOXWORTH v. MASSEY. (Supreme Court of Florida. July 8, 1902.) Error to Circuit Court, Jackson County; William D. Barnes, Judge. 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. Francis B. & Jno. H. Carter, for plaintiff in error. Calhoun & Hines, for defendant in error.

PER CURIAM. The judgment is affirmed. CARTER, J., disqualified, not sitting.

complainants appeal. Langley & Singeltary, for appellants.

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

LIVINGSTON V. GREELEY. (Supreme Court of Florida. Oct. 14, 1902.) Error to Circuit Court, Duval County; R. 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. Graham Gordon, for plaintiff in error. M. C. Jordan, for defendant in error.

PER CURIAM. The judgment is affirmed.

LOCKLEAR v. LEE COUNTY. (Supreme Court of Florida, Division B. Dec. 22, 1902.) Error to Circuit Court, Lee County; Barron Phillips, Judge. 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. Wall & Stevens, for plaintiff in error. Shackleford & Pettingill, for defendant in error.

PER CURIAM. The judgment is affirmed.

NASHVILLE PACKING CO. v. NATIONAL BANK OF FLORIDA. (Supreme Court of Florida. Nov. 11, 1902.) Error to Circuit Court, Duval County; R. 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. H. H. Buckman, for plaintiff in error. A. W. Cockrell & Son, for defendant in error.

PER CURIAM. The judgment is affirmed.

NEEL v. SHULER. (Supreme Court of Florida. June 17, 1902.) Error to Circuit Court, Franklin County; John W. Malone, Judge. 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. Sheppard, for plaintiff in error. Fred T. Myers, for defendant in error.

PER CURIAM. The judgment is affirmed.

NELSON et al. v. KEYSER. (Supreme Court of Florida, Division A. Jan. 12, 1903.) Error to Circuit Court, Jackson County; W. D. Barnes, 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. John H. Carter, for plaintiffs in error. John C. Avery, for defendant in error.

PER CURIAM. The judgment is affirmed.

PENSACOLA & A. R. CO. v. MERCER. (Supreme Court of Florida, Division A. Dec. 9, 1902.) Appeal from Circuit Court, Jackson County John F. White, Judge. The bill in this cause was filed by the appellee against the appellant. There was decree for the complainant, and the defendant appeals. W. A. Blount and J. H. Carter, for appellant. Benj. S. Liddon, for appellee.

PER CURIAM. The judgment is affirmed.

PENSACOLA & A. R. CO. v. POOSER. (Supreme Court of Florida, Division A. Dec. 9, 1902.) Appeal from Circuit Court, Jackson County; John F. White, Judge. The bill in this cause was filed by the appellee against the

appellant. There was decree for the complainant, and the defendant appeals. W. A. Blount, for appellant. Benj. S. Liddon, for appellee. PER CURIAM. The judgment is affirmed.

PENSACOLA & A. R. CO. v. WEEKS. (Supreme Court of Florida, Division A. Dec. 9, 1902.) Appeal from Circuit Court, Jackson County; John F. White, Judge. The bill in this cause was filed by the appellee against the appellant. There was decree for the complainant, and the defendant appeals. W. A. Blount and J. H. Carter, for appellant. Benj. S Liddon, for appellee.

PER CURIAM. The decree is affirmed.

QUEEN INS. CO. OF AMERICA v. TURNER. (Supreme Court of Florida, Division A. Jan. 12, 1903.) Error to Circuit Court, Duval 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. A. W. Cockrell & Son, for plaintiff in error. J. C. Cooper, for defendant in error. PER CURIAM. Judgment affirmed.

SAVANNAH, F. & W. RY. CO. v. BRINK. (Supreme Court of Florida. Nov. 12, 1902.) Error to Circuit Court, Duval County; R. 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. John E. Hartridge, for plaintiff in error. Barrs & Bryan, for defendant in error.

PER CURIAM. Dismissed on motion of counsel for defendant in error.

STATE BANK OF ORLANDO v. SAVANNAH GROCERY CO. et al. (Supreme Court of Florida, Division B. Jan. 6, 1903.)_Appeal from Circuit Court, Orange County; John D. Broome, Judge. The bill in this cause was filed by the appellant against the appellees. There was decree for the defendants, and the complainant appeals. Massey v. Baumgarten, for appellant. Beggs & Palmer, for appellees.

PER CURIAM. The judgment is affirmed.

STRICKLAND et al. V. PENSACOLA LAND & LUMBER CO. (Supreme Court of Florida. Oct. 13, 1902.) Appeal from Circuit Court, Holmes County; Evelyn C. Maxwell, Judge. The bill in this cause was filed by the appellee against the appellants. There was decree for the complainant, and the defendants appeal. Daniel Campbell and Jno. C. Avery, for appellants. Blount & Blount, for appellee. PER CURIAM. Dismissed on præcipe of counsel for appellants.

WHIDDEN et al. v. DE SOTO COUNTY. (Supreme Court of Florida, Division A. Jan. 12, 1903.) Appeal from Circuit Court, De Soto County; Barron Phillips, Judge. The bill in this cause was filed by the appellants against the appellee. There was decree for the defendant, and the complainants appeal. Wall, Treadwell & Stevens, for appellants. C. W. Forrester, for appellee.

PER CURIAM. The decree is affirmed

WHITE et al. v. GRACY et al. (Supreme Court of Florida. July 8, 1902.) Appeal from Circuit Court, Alachua County; R. M. Call, Judge. The bill in this cause was filed by the