Birmingham age-herald., 1895-03-12
IN THE COURTS.

W. Tomlinson was the only other bidder.
 His first bid was S12, ,500, and his last S23,-
 500.
 The sale was witnessed by a large crowd | of people. MT. W. P. Kearney did the bid-
 ding for Captain O'Brien. l CITY COURT. l Two petitions were filed in the city court
 yesterday praying that mandamrs be is-
 sued against the mayor and board of alder
 men of Birmingham requiring them to
 show cause why they should not pay s408
 to John $. Oldham and George II. Bodeker
 for services rendered the city in 1898.
 Oldham and Bodeker were sergeants of
 police, under control of the police commis- l sion, from June 22, 1893, to November 25,
 1893. It is claimed by the petitioners that
 they received DO pay for this time. ln their petitions Messrs. Oldham and | Bodeker say that by reason of defect in l the law they were unable 10 maintain &C., 1 tion against the mayor and aldermen, and
 on this account the last legislature enacled
 a statute tor their relief, which reads as
 follows: &
 "Be it enacted by the general assembly l of Ala bama, That the mayor and aldermen
 of Birmingham, Ala, be, aId they are
 hereby authorized and required topay John 1 $. Oldham and George H. Bodeker of said city the sum of $408 each for services l which they performed for said city as ser l geants of police from June g, 1895, to No- vember 25, 1893, and said municipal author l itles are required to cause to be issued to 1 each of said parties warrant on the city 1 treasurer for said sum. o l The act was approved by the governor on
 the 9th of February. Alter setting out the facts the petitioners | conclude aB follows: | Premises considered, petitioners pray l that rule be issued reGurnable at an early day against said parties named h
 section (mayor and aldermen 1 of Birmingham) requiring them to l damus should not issue out of this I honorable court requiring and compelling l them, ss municipal authorities of said l city, to comply with the requirements of l said act of the general assembly or Ala | bama. Judge Sharpe set the cause for hearing | on the 18th instant. The two mandamuses are separate, but 1 will come up for hearing on the same day. Messrs. Oldham and Bodeker presented l their claims to the board of mayor and aldermen at their last meeting in February and the matter was referred to the finance committee. At the last meeting, Wednes- day night of last week, the committee
 asked for further time, to which attorneys for Bodeker and Oldham objected. They appealed to the board to either pay the amounts or cause to be issued to tbem war.
 rants for the amounts on the city treas- urer. The board refused to grant the re- quest, hence the filing of the suits. Juries were organized yesterday as fol- | lows:
 Jury No. .1-W. [. Sellers, W. H. Cole,
 tin Pearce, c. R. Holmes, J. L. KiIgore,
 J. M. Robbins, W. M. Attaway, E. s.
 Miles, John I. Goodwin. Jury No. 2-R. L. Cooper, H. Perry
 A. Wasia " hSgers va ha'theT E gstss
 Brooks, James Ellard, W. H. Peterson, R.
 J. Acton, A. H. Williams, A. c. Mo- Combs.
 The case of Raphael Carveilo vs. Meyer Marx company and T. O'Byrne was on trial when court adjourned. The default docket was called yesterday
 morning by Judge Wilkerson, and judg- ments entered as follows: Everett Stephens vs. J. B. Francis; judg ment for plaintiff for s27S 56. Gus V. Brecht Butchers Supply com pany vs. ". T.. Waters; judgment for, plaintiff for S1o3. 25. Gustav Kaufman vs. R. A. Jones & Co. l judgment for plaintiff for S111.50. Second division-The chancery docket
 was called yesterday and causes set for trial during the weeks beginning March IS and 25, respectively. CRIMINAL COURT. The misdemeauor docket was called in the crimiual court yesterday, and the fol- lowing cases disposed o:
  Walter Smith, Jim Brown and Lum Ty- son, attempt at burglary; guilty. Calvin Hughes, presenting gun; not guilty.
 weapon; not guilty.
 Richard Pegum, abusive language; not guilty.
 Thomas Cameron and Eliza Gaines, adultery; mol pressed.
 Minnie Sturdevant, vagrancy; guilty and fined $10.
 T. Ii. Kendrick, disturbing election; not guilty.
 John Henry, petty larceny; guilty. INFERIOR COURT. h the inferior court yesterday morning Paris Wilson was fined S10 and costs for
 assault and battery on Tom Mason. J. K. Polk was fined S49 and costs for
 assault and battery on his wife. | Tom Mason was fined $5 and costs for
 assault and battery.
 s5 and half the costs each for disorderly conduct.
 Callie Oden, a vagrant, got a fine of S10 and costs and thirty days extra. Sim Opper and George Cassimus were fined $1 and costs each for violating the Sunday law.
 Annmber of other minor cases were dealt with.
 CIRCUIT COURT. Attachments have been issued out of the circuit court against the Alabama Pipe company's plant at Bessemer in the follow ing sums:
 Bessemsr Savings bank, S5953 45; Besse- mer Land and Improvement company, $5S61.96; E. H. Lopez, s330; o. w. Will
 son, s2O7; B: H. Lopez, sl66 66; Krebs Winters, S79. .54; total, sig ,649.5l. The real estate and finished products of the company were levied on to satisfy the
 attachments, but the machinery was not Ist~