The age-herald., 1901-03-20
HAS DISSOLVED
 THE INJUNCTION Judge Bruce Renders Important
 Decision. SOUTHERN LOSES HIS CASE Henry Lancaster Is Convicted of coun. terfeiting-lndictments By Grand Jury--Judse senn Refuses In.
 Junction In City Court.
SOUTHERN LOSES HIS CASE

In the United States Court in this city, yesterday, Judge John Bruce dissolved the temporary injunction issued by him out of the United States Court of the middle district of Alabama, restraining the Birmingham. Selma and New Orleans Railroad from crossing the tracks of the Southern Railway.
 | This injunction, issued by Judge Bruce and dissolved yesterday, is the latest phase of a hot fight between the two roads, which began by the Birmingham, Selma and New Orleans Railroad con- demning in the Probate Court of Dallas County the right to cross the tracks of the Southern Railway at grade level. The Southern Railway Company took an ap- | peal to the Supreme Court from the | judgment of the Probate Court grant ing this easement and pending this ap- l peal they filed a bill In the Chancery Court of Dallas County asking an in- junction. which was granted prohibiting | the crossing.
 l The Birmingham, Selma and New Or leans road then moved to dissolve this injunction, which motion the Chancery | Court granted. The Southern Railway then appealed to the Supreme Court for this decision, which reversed the finding of the Chancery Court, and reinstated the | injunction, pending the first appeal from the decision of the Probate Court grant ing the easement.
 Afterwards the Supreme Court affirmed e {ot, decision put an end to the injunction granted by the Chancery Court of Dallas 1 County, and left the Southern Railway without an injunction. An injunction was obtained from Judge Bruce in the United | States Court at Montgomery who yes- | terday dissolved it after hearing argu- ment on a motion to that effect. | The Southern Railway will probably take an appeal from this decision to the | Circuit Court of Appeals at New Or l leans. Their attorneys requested Judge Bruce yesterday to let the injunction stand pending the appeal, but Judge Bruce refused.
 | The Southern Railway was represented | by L. E. Jeffries of Selma and J. w. 1 Grey of Mobile and the Birmingham, Sel- ma and New Orleans by Gregory L.. Smith of Mobile and A. D. Pitts of Selma. Other Business.
 Henry Lancaster the young white man who formerly ran a butcher shop in | Avondale, was convicted of counterfeit | ing. Lancaster was charged with raising bills and passing them upon others.
 The grand jury returned the following | indictments: s. R. Rankin, S. B. Mo | Daniel and Thomas Jennings, violating the postal laws. L. R. Bickart, Nat Pow ell. W. Browning, Bud Greene and Bob Lee, violating the revenue laws.
 Circuit Court. | In the Circuit Court Charles P. Jones has filed suit against the Birmingham Rolling Mill Company for $3O00 damages. He says that on January 22, 1900, he was employed by the defendant as a laborer and while so employed he was run over l by a truck and his left leg broken and rushed. Negligence is alleged in that I the machinery and apparatus was defec- | tive.
 City Court. | Tn the first division of the City Court,  case of Simon Dinkins vs. the Birming- ham Railway and Electric Company re- suited in a mlstrial.
 Plaintiff sued for $1o,00O damages, claim | ing that he was run into by a dummy | and his arm broken.
 | In the second division, Judge Charles 1 A. Senn presiding, a decree was rendered refusing the application for injunction in the case of W. D. Yerby vs. the Rob- inson Mining Company. Plaintiff alleged l that defendants operation of lime quar- ry was a nuisance, and asked to have 1t I enjoined.
 Court Items.
 Marriage licenses were issued to Thos J. James and Mary F. Rowland: A. c. | Bryant and Dollie Decerbo. l In the Criminal Court, Judge Dan E. Greene presiding, Will Brown, John Hig- gins and Henry Waldron were all ac- quilted of vagrancy.
 | The following deeds were filed: Joseph Goetter and wife to R. Strass- berger undivided three-quarters interest | in part of west half, northwest, 5000. | Joseph Goetter and wife to J. Loeb, Jr, l same in as last above, 5000.
 Joseph Goetter and wife to J. Loeb, Sr, same in as last above. 5000. | N. W. Bergland to c. Bergland, lot B. block 176. Ensley, s195A
 w. S. Moughon aud wife to S. J. Cole | southwest quarter of block 663, Birming- ham, $2400.
 M. P. Chavagnat to Halle Randolph | Manufacturing Company, lots 1 and 2, | block IFS, Birmingham, 5000. |