The Montgomery advertiser., 1901-11-19
FABRITIS CASE ARGUED
JUDGE sAYRE RESERVED. HIS
 OPINION IN MATTER
Fruit Stand Man Contends That He
 Has Right to Use Montgomery sidewalk-Many Equity Cases in Court.

The case of A. D. Fabritis against E. B. Joseph, Mayor of Montgomery, and others was argut before Judge Sayre of fthe City Court in Equity yesterday at noon and the case was submitted for de- | cree. Judge Sayre reserved his opinion. l It will be recalled that Fabritis, who | conducts a fruit stand at the corner or Montgomery Street and Court Square, se- | cured temporary writ of injunction re- straining Mayor Joseph from removing his stand from the sidewalk. The writ was returnable to Judge Sayre and was argued yesterday. The city was repre- sented by City Attorney Steiner and Lo- max, Crum and Well. Argument was | made by the City Attorney and Leon Well They contended that Fabritis's fruit stand is a nuisance and that 1t can pc l removed at the di! cretion of the Mayor. They moved that the injunction be dis 1 solved and the bill dismissed TOT Waht oi | equity.
 | Ray Rushton represented Fabritis and he contended that the Mayor had no right | to eject Fabritis.
 The following other cases were disposed of by Judge Sayre in the City Court in Equity yesterday, E. P. Morritette. executor, against Amanda B. Barksdale ct al. Submitted Tor decree on D tition to sell land and on the l testimony as noted. F. M Billing ct al against Van Kirk Land and Construction Company ct al. Cause submitted on motion to dismiss and 1 want of equity.
 | Kettle Saunders against National Build | ing and Loan Association. Submitted for | decree on demurrer to amended bill. | Isadore Well ct al against Sigmund Ro- | man ct al. Cause submitted for bill and answer.
 l w, M Brown ct al against Barney French ct al Submitted for consent de- cere.
 Lizzie Harris. against Dock Harris. It Is decreed in this cause on motion of com l plainant that the case is dismissed with out prejudice.
 1 c. w. McMahon against J. c. Cockrell ct al. Cause dismissed for reason that | complainant has failed after demurrer sustained to amend within time allowed | by decree.
 Dollie c. Thomas against M. A. Thom- as Dismissed by consent. Perry Jones against Winter and Loeb. Dismissed on motion of the complainant Mollie B. English against Mary Owen | Submission of this cause is set aside with leave to complainant to amend. | Hamilton Hines ct al against Leana l Hines ct al. Submission set aside; leave to amend the bill; leave to retake testi- | mony.
 James Chambless against Mollie Cham bless Di missed for want of prosecution
 Florence Franklin against Anderson Franklin. Dismissed for want of prosecu- ton.
 | Julia Johnson against Burrell Johnson. Submitted for decree on the pleadings and proof
 Gilbert Thomas against Adeljne Thom- as. Dismissed for want of prosecution.
 William Wright against Mattie Wright.
 Dismissed on motion of the complainant.
 Emma Williams against Henry C. Will
 Hams, dismissed for want of prosecution,
 C. W. Carter against Amande Carter
 submitted for decree on pleading and
 proof.
 Alabama and Georgia Lumber Com.
 pany against M. B. Houghton continued
 for decision of the Supreme Court.
 Scott Grayson against Josephine
 Grayson. dismissed for want of prosecu
 tion.
 Wade Scott against Sarah Scott, dis
 missed for want of prosecution. Adolphus Smith against Louisa Smith
 dismissed for want of prosecution.
 Jeff Nelson against Savannah Nelson dismissed for want of prosecution. :; J. H. Covington against Margaret Gov ! ington dismissed for want of prosecution I Willie Thomas against Lily Thomas dismissed for want of prosecution. Wilton Dickinson against Josephin
 Dickinson, dismissed for want of prose # cution.
 John H. Williams against Lou Will
 Hams, dismissed by complainant. Rosa Williams against Dave Williams
 submitted on pleadings and proof fo
 final decree.
 Oscar Artist against Harriet Artist
 dismissed for want of prosecution. Sarah Ann Early against Ed Early, dis | missed for want Rebecca Mitchell against Lewis Mitch 8 ell dismissed for want of prosecution. Willie Murray against Mittie Murra! submitted for decree on pleading ant proof.
 Hattie Chappell against William Chap I pell submitted for decree on pleading ant
 proof
 Hamilton Brown Shoe Company sgains $. D. McLemore ct al. cause dismissed
 settled between the parties. Elias Crawford against Rosa Crawfort dismissed for want of prosecution. Charles B. Teasley against George An . derson, ct al., decree pro confesso oi
 personal service. John Allen against Mary Allen. sub } mitted for decree on pleadings and proof
 Gilbert Thomas against Adeline Thoma
 dismissed for want of prosecution.
 Albert Williams against Mary Williams
 dlsmissed for want of prosecution | Henry J. Williams against Emma Will
 liams' order publishing testimony.
 Henry Sims against Alice Sims. dis
 missed without prejudice on motion o
 complainant. i The motion to quash the attachmen ' in the case of Greil Bros Company l. against the Commercial National Ban s Of St. Louis, was heard before Judg Sayre yesterday afternoon. The defen y dant contends that a National Bank ca t not be attached. Judge Sayre took tn
 matter under consideration