The age-herald., 1898-11-12
PETITION FOR
 BANKRUPTCY Creditors of Marcus Dry Goods Co. Want the Assets. RECEIVER HAS RESIGNED New Bi-Product Plant Enters Articles of Incorporation-Wil be Located at Ensley City Damage Suit
 Against the A. G. s. s.,.
RECEIVER HAS RESIGNED

Another petition under the involuntary clause of the bankruptcy law has been
 filed in the United States court.
 Yesterday Langfeld Bros. & Co., and other
 creditors of the Marcus Dry Goods com
 pany, which was recently placed in the hands of a receiver at the instance of the stockholders, filed petition in the United States district court seeking to have the corpora ton declared bankrupt and it's as- sets equitably distributed among the cred itors. t- J. Pollock, of Mobile, who was appointed receiver of the company, has rendered his resignation, and Otto Marx, paying teller of the Jefferson County Savings bank; has been appointed to succeed him. '' A petition has also been filed restraining Receiver Marx and the Marcus Dry Goods company from disposing of any goods or assets of the company by sale or other wise. The petition further alleges that certain goods were transferred to creditors in part | payment of claims before the appointment of a receiver, and it is sought to nave these | goods brought under the jurisdiction or the court and made part of the assets of the company.
 | Suit for Damages | Tn the city court yesterday the Birmng- ham Fire Brick Works, through its attor- l neys, Cabaniss & Weakley, filed suit against the Alabama Great Southern Rail- road company for s30 900 damages for the alleged destruction of it's plant by fire. The complaint alleges that on May 6. 1898, the plant which was situated on the line of | the railroad was destroyed by fire caused | by sparks from a locomotive, the property | of the defendant company. Bi-Product Plant Articles of Incorporation of the Birming- | ham B-Product Manufacturing company | have been filed in the probate office by | A. A. and P. B. Mckinney, of Atlanta | and P. H. Smith and G. P. Bondurant, oi Birmingham.
 | The capital stock of the new company is | $50 900 divided into 300 shares of the pal | value of $100 each
 plant at Ensley and will manufacture the | bi-products from coal.
 | The company owns track of four acres | at Ensley, and have part of the plant | erected. It has already begun work and l is manufacturing some of the bi-products l Coal tar will be purchased from the Semet. l Solyay bi-product plant and from the | various gas companies throughout the | state.
 | City Court
 | In the first division of the city court the | case of M. J. Sawyer vs. Taylor Blalock resulted In verdict TOT the ueIenuant l In the second division the following cases | were disposed of:
 | Samuel Whitehouse vs. T.. N. Goodwin dismissed.
 Elisha whitehouse vs. T. N Goodwin | dismissed.
 1 Elisha Whitehouse vs. John Yaw; yer | vict for premises sued for. J. A. Hood vs. Jefferson Coal and Coke company; settled and dismissed. | Circuit Court
 Fred Lawhorn was yesterday discharged l by Judge Coleman under a writ of habea. corpus.
 | Criminal Court The trial of Robert Mims, colored | charged with highway robbery was con cluded in the criminal court yesterday af | ternoon and the case went to the jury | which had failed to agree on a verdict at { | late hour last night. teef.s
 The criminal court grand jury which ha. l been in adjourned session since Monday
 last will probably render its final repor
 today and adjourn.