Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-12
SOME IMPORTANT SUITS
Can the City Dispose Of Private
Property
FOR IMPROVEMENT TAX ?
The Chancery Court Asked to Decide the Ques-
tion-hight Sessions of the United
States Court.


Jefferson County Savings Bank VS..
Mayor and Aldermen of Birmingham.
Nv. A. Walker, as executor of the estate
of w. A. Walker, Sr., vs. Mayor and Al
dermen of Birmingham.
Virginia T. Walker VS.. Mayor and Al
dermen of Birmingham
William A Walker VS.. Mayor and AL
dermen of Birmingham.
William A. Walker and J. p. Mudd, ex-
ecutors of the estate of William S. Mudd,
VS. Mayor and Aldermen of birmingham.
The complaints arise from the order
for sidewalk and street improvements
ordered by the mayor and aldermen.
The improvements abutting the proper
ties of the above compliments were not
paid for and they were ordered sold yes
terday. The sale did not take place as
the court granted an injunction restrain
ing the city from so doing.
Most of the property of the above COM
plainants is said to be between First and
Third avenues on Twenty-first street and
the amounts assessed against it range
from S74 to $575. 95. The total amount in
VOWED IL 81, 455.65. The compliments aver
the following in each of their petitions:
That the city, if it ever had lien on
the properties has lost that lien by not
asserting it before. That the city has no
lien on the properties because barred by
the statute of limitations by the lapse OF
three years. That the CITY Has III liOA
on the properties because six years have
elapsed without it asserting the same.
That were the parties to pay the assess
ment under protest, and it to be after
wards ascertained that the payment was
unjust, the aggrieved parties could not
recover the unjust payments for the reas-
on that all the etty's revenues Collected
now are paid out fer current expenses
and for bonded interest judgments
against the city now outstanding ana I'M
possible of collection proving the ale
CATION
1t is said that these assessments were
for improvements ordered in 1888.
In the afternoon another case was filed
by Mar tina E. Etters, by her next friend,
VS. the Birmingham Building and Loan
association to compel the settlement of
accounts alleged to exist, and that the
court would rule, If accounts are settled,
that the mortgage was set inside.
UNITED STATES COURT.
The hearing of the motion for the APP
pointment of a receiver in the case OF
the Columbian Equipment company VS..
the Highland Avenue and Belt railway
was set for next Monday.
Thomas Trammell, retailing liquor;
sentence imposed at former term of
court suspended indefinitely.
An order was granted for the removal
of Will Clark alias Thrasher Meade, the
alleged negro postofice robber, to the
jail at Kusciosco. The marshal of the
Northern district of Alabama was or
dered to make the removal, which will
be done in few days.
Thomas j. Firth, administrator, vs.
John T. Miner John NJ Caldwell, Chas.
O Locke and Chas. II. Caldwell, execu-
tors of II. NJ. Caldwell, equity; on trial.
This case, not being completed at the
hour of adjournment, Judge Bruce an
nounced that the attorneys could con-
tinue their arguments a 1880 o'clock to-
might. This course was taken SO that
the cause could be concluded at the night
sessions of the court, in order to give the
jury cases preference on account of a
large number of witnesses and jurors be-
ing in attendance a the court.
The first case to be taken up for trial
this morning is that of H. Hubert Pratt
Is. the Highland Avenue and Belt Rail-
way company for $4,000 damages for
the loss of his right leg.
Commencing tonight at 7:30 O'Clock the
United States court will hold night SEES
sions for a short time at least
Chief Clerk e. n. Broadway and
corps of efficient assistants are kept close
at work on the minutes of the work
often as late as 10 O'Clock at night clear
ing up the days work on the docket.
INFERIOR CRIMINAL COURT
Quite a number of cases were dispos-
ed of by Judge Feagin yesterday morn
ing, but the principal offenders were
alleStQ iIditps foS anus
C. ]. Hickman, riding on the sidewalk;
decision held up on condition of de-
PENDANTS good behavior.
Frank Simon, residing in a house of
ill-fame; So
John Williams, larceny of coal from
the Southern Railroad company; not
guilty.
John Jones, larceny of coal from the
Southern Railroad company; released
at the request of Mayor Evans.
]. r. Hunt, bringing. stolen property
into the city limits; continued.
Lille Fox, alias Simon, vagrancy; S.
Vagrancy-Charlie Davis, $10 Bill Nc
Kinney, SO; Will Johnson, $40; Cy Tay-s
Tor. not guilty; Lewis Gilbert, $40.
Dan Washington, burglary and grand
larceny; continued.
Tramps-Will Franklin, S. and costs;
Reinhold Hippo, not guilty; Lewis jack
son, $3.50; Robert Harris, $3.50; Henry
Armstrong, $3.50; Joe Riley, $3.50; Jacob
kaufman. $3.50.
Lem Clayton, adultery; discharged on
request of officer Kirkley.
c. ]. Hickman, resisting an officer; dis
charged at request of Officer Eagan.
c. D. Cole, disorderly conduct; released
on promise of future good behavior.
John Baladinas, assault with a pistol
on Ed Miller; not guilty.
Ed Miller, larceny of oranges from T.
NJ Baladina's; 500 bond 20 the grand
jury
Neal Starkes, petty larceny; not guilty.
p. j. Smith, vagrancy; S25.
Clerk S. NJ Mingea had a new cup
board placed in his Office yesterday af-
ternoon. The cupboard is placed near
the desk and furnishes an excellent re-
cepticle for the numerous books and pa
pers of the clerk.
CRIMINAL COURT
Mary Sadler. grand larceny; the de-
PENDANT recognized in the sum of 500 to
appear later on at the present term of
court.
Lewis Dunn, grand larceny; verdict of
guilty and amount of the stolen money
assessed at IS.
John Watson, grand larceny; verdict of
guilty and the value of the stolen proper
t. assessed at $500.
Bob Mitchell, grand larceny; continued
by the defendant
Oscar CALHOUN, assault with intent to
rape; with the jury
PROBATE COURT.
A license was granted James Car
michael to wed Miss Cath Glaze, and to
w. ]. Jones to Miss RQsa Readsr.
United States to Boliver s. Braswell-
Land patent to east half of the northwest
t.,. ~ "a