Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-09-23
THE COURTS.

through his attorney, filed an original
bill of discovery in chancery in the city
court against III. II. Dargin and the Ala
bama State Fair and Racing association,
wherein the purchase of the Alabama
State Fair grounds and receipts aecru-
ing thereafter were involved, the plain
tiff, as has already appeared in these
columns, claiming a breach of contract
and asking that the discovery prayed for
be granted and carried out in order that
said plaintiff might recover money al
legged to be due him.
The amount of money involved is con-
siderable and the grounds referred to are
said to be very valuable. In the bill of
discovery We're ten questions, to all of
which the plaintiff prayed for answers.
Among other questions was one in refer
ence to the recent meeting of the afore-
said association, the attendance at which
plaintiff places at 10000, and for which
there was to be a price of admission, the
returns to be divided, he receiving one
third.
The defense demurred to the bin in
tWenty-three counts, ayerrng among
them that the complainant has a plain
remedy at law; also that the bill shows
on its face that it does not present a casd
for the interposition of court of equity;
that complainant has no right to MAIN
tain the suit that the bill fails to present
such case of ENHANCEMENT or complica-
ton in the account kept by defendant as
would give the court jurisdictions; that
the bill fails to show any mutually in
the account sought to be taken; that if
complainant is entitled to any money
his remedy for recovery is at law, and not
in equity; that the bill does not allege in
solvency of respondent, H. II. Dargin;
that the bill shows misjoinder of par
ties defendant; neither the Alabama
state Fair and Racing association nor
w. w. era wford appearing to have any
interest in the subject matter Of the suit
that complainant seeks to recover gate
fees, shown by the bill never to have
been received, and that the bill joins two
separate and distinct causes of action
one for moneys received to and for use of
complainant, and the other for damages
Tor improper management of the races in
admitting spectators free of charge.
The demurrers were argued before
Judge w. w Wilkinson in chancery and
he took same undeJ advisement and rem
dered his decree overruling each and
every demurrer interposed to the original
Dill in the case by the defendants in the
cause and the defendants were granted.
| by such decree on demurrer, twenty days
IN which to file answers to the original
bill of discovery.
First Division City Court.
Tn the first division of the citv court
Judge Sharpe presiding. the case of r.
! L. Vowel VS.. Louisville and Nashville
| Railroad company was on trial. The at
torneys argued for and against general
| charge to the jury. The case is a suit for
damages. Plaintiff was fireman on one
| or defendants engines, and when the
| traln stopped at White for the engine to
OBTAIN water the crew did not know that
| the train had broken in two. Vowel was
| on the tender and the broken sections
| came together with such force as to
| throw him to the ground. he sustaining
serious injuries, for which he asks dam
ages. The judge gave a general charge
to the jury.
| Criminal Court.
| The case of the state vs.. Andrew Nc
| Cam, murder, was set for yesterday,
put owing to Illness of defendant, was
| postponed.
Defendant is charged with having kill
ed Ned Barrett at Frat City.
| Circuit Court
In the circuit court the case of Mack
| PATTERSON, bastardy was disposed, of
the jury returning verdict of guilty.
Probate Court.
The following land papers were filed In
the probate court yesterday for record
Saliie L. Gilbert and husband to Ma
tional Guarantee, Loan and Trust COM
paay, quit claim to lot 9, block 9. Fowler
station, Woodlawn; $50
Lucy h. and I. s. Smith to William A.
walker block A. Wade tract, nine and
half acres; $500.
d.
head, southwest quarter of southwest
quarter section rs, township Is, range G.
west; $780, "
Probate judge to M. E. Vance, tax deed
TO Iot o, block 1l9, birmingham, and one
third interest in lot II, block SO. Birmino-
ham; 1929 IS
James w. Reed and wife to Joseph A.
shelton northwest quarter of northwest
quarter section So, and southwest quar-
.er OF southwest quarter, section &c.
township Is, range 6, west; $50
5. III. Atwood to j. A. SHELTON. south
east quarter of southwest quarter. sec
tlon 70, and east half of northwest ouar
Ter OF section 80, all in township l6. range
b, west, except one acre; $l5S
Leon Cans and wife to r. T. Mccouo,,
lot on Eighteenth street and Avenue 7
in block 1888, $3.50. -
John L. and Fatima Morris to Lewis
Lyers, lot at northwest corner of south.
east quarter of northwest rfnartan @
ton 3, township Is, range d west. sso
Juiia Haines and husband TO q It
| ham; $275. ~ On ming
,. A. Ellis and wife to National Omar
Ean,oIa N9 is,.. ana trust company, Elyton
| 97S. Fpsi' ~ Iiytoh' ST.
W. +. Barker to T. L. McGowan ouit
S sia TO lot in block 1888, as above.
Louis Kronenberg and wife to Moi,
Johnson, quit-claim to lot in soutbwest
1 oo OF northeast quarter of section
20 township It, range 4, west $40.
Licensed to Wed.
| Marriage licenses We're issued to tho
following couples: ~ 'he
w. "A. Jones and Miss Matte Roberts
samuel Hammer Morris and Mrs 7 M
Murphy. ''i . .. NJ
>. M. Bice and Miss A. NJ. ]. Storey
At the County Jail.
a., w. NJ. Riley, white, was incarcerated in
me county Jail yesterday morning on two
charges' Abusive language and ma,io,
ious mischief. The latter charge Is For
breaking the lock on the Jail at Brook.
sioe The warrants were issued nv ms
tice c. III. Smith. ~ ''e-
Interior Criminal Court.
Judge Fea gin was on hand vestarday
morning at the usual hour. and con,
eened the inferior criminal court. The
ioilowins docket was disposed Of:
John Williams. violating section saa oe
the city code: IS. ' u
Henry Chambers, same: S..