Birmingham age-herald., 1895-05-29
IN THE COURTS.

adjourned over from yesterday morning until tomorrow out of respect to the la mented Colonel Hewitt
 An Important Decision.
 A decretal order has been rendered by Judge Sharpe, sitting in the second di- vision of the city court, adverse to the defendants in the case of Anna Dowdell vs. the Elyton Land company and the Flyton company The demurrer was overruled and exceptions to the plea for it's insulfieiency sustained Defendants were allowed twenty days in which to further answer plead to the bill, or failing to do so the decree against them will be made final.
 Judge Sharpe rendered a rather lengthy opinion in the case, portions of which were as follows:
 "Whether beneficial or not, she Is un- der no obligation to assume such mem bershp. Her relation as stockholder to the old company binds that corporation to conduct it's business for the purposes for which it was organized until it's sus- pension or dissolution in a way not in- consistent with her legal rights. This plan of dissolution or reorganization, proposing thus, without compliments consent, to deprive her of property with out due process of law, though rendering her other property In its place, Is viola tive of contract and property rights guaranteed to her by the constitution, and is not and could not be authorized by the charters of these corporations. In view of the existence of such consti- tutional rights, that part of the charter of the Elyton company purporting to authorize such purchase of the old com pany's property and such distribution of stock in payment thereof, must be con strued only waiving the rights of the public to question such action and as authorizing 1t only with the consent of each of the stockholders in the old com pany; and in fact, II expressly provides against any construction which will i'm pair or effect the rigths of any such stockholder.
 '"The necessary conclusion follows that the transfer of Its property by the com plainant'S corporation, the Elyton Land company, of which the bill complains. Is as to complainant ultra wires and Sup- ject to be declared void at her instance notwithstanding anything contained in the plea"
 The complainant was a stockholder in the Elyton Land company, and on the organization of the -Elyton company re- fused to participate in the new organiza- tion. She opposed the transfer of the Elyton Land company's property to the Elyton company, and the latter part Of last year brought the above suit.
 H. B. Rogers was granted divorce from Ellen Rogers on the grounds of voluntary abandonment.
 First divlsion-Jesse E. Nevin vs Cora A. Powell ct al; judgment for plain tiff for $20.
 zeke Green,pro ami,vs. Alabama Great Southern railroad company dismissed for want of prosecution.
 Elizabeth c. Starr vs. mayor and all dermen of Birmingham, damages; on tral
 Circuit Court.
 The Warrior Coal and Coke company recovered damages to the amount of $556.50 against the Mabel Mining com pany in the circuit court yesterday.
 McAllster Bros. vs. Templeman Bros; plaintiff took non-suit.
 Francis McKenna vs. Afro American Benevolent association; judgment for the plaintiff for $10.40.
 A. J. Kynett vs Afro American Benev- olent association: judgment for plaintiff for $S.50.
 Baker Bros vs. Alabama Iron Works; judgment for plaintiff for S6S.65.
 The court adjourned until tomorrow.
 Criminal Court.
 No session of the criminal court was held yesterday.
 Two Retailers Tried.
 Manuel Peoples of Talladega county and Ollie, alias Early. Smith of Marshal county were tried in United States Com missioner Wilson's court yesterday on charges of retailing liquor without li- cense. The former was discharged and the latter sent to jail in default of $100 bond
 tLeal HiStAIC 1rdnSlelS.
 United States to Samuel R. Lowery, the south half of the southwest quarter of section %, township IS, range ?, west; letters patent
 Avondale Land company, mortgagee, to r. l.. Bivings, lot 6, block 15. Avon dale; $S50, and lot ?, block G. Avondale; SS50
 F. l.. Bivings transferred the same lots to the Avondale Land company at the same price.
 Mamie c. Bustin by T. H. Motion to Dolphin C. Davis lots 9, 10 and II, block 232, Birmingham; S3715.15.
 James P. Williamson to Josephine Will Hanson. lots to 21 inclusive, in block 9, and lots l to 12 inclusive, in block 12, as shown on the map of the Highland Lake Land company; $2625.
 George II. Templeman to James F. Harwell lots to I inclusive, in block 1. of the west half of the southeast quarter of section 13 township IT. range 3. west; S20O
 Marriage Licenses.
 The probate judge issued a marriage license to Charles B. Barnitz and Miss Barna Jinks.
 7NE.- IT, c G~xsk