The age-herald., 1901-05-16
COUNTY ID PAY
 CERTIFICATES
Abbott Gray MandamuS Case
 Decided Yesterday
NEWS OF ALL THE COURTS
Barney McGlone Case Non-suIted-In teresting Decision in Street Rail- road Case-Verdict of $27oo
 for the DeIendant.

the mandamus case of John P. Abbott vs. Henry Gray. county treasurer. This suit was a test case to decide the valid ity of certain county claims against the fine and forfeiture fund covering witness fees, clerks fees and sheriff's fees.
 Plaintiff asked the court to direct the county treasurer to register against the fine and forfeiture fund the balance on a witness certificate issued in case where the defendant was convicted and sen- fenced to the penitentiary, and the amount of costs paid by the State was insufficient
 There are now pending against the county claims of a similar nature amounting to about $10,00O. which will be controlled by this decision.
 The State only pays its witnesses 75 cents per day while Jefferson county agrees to pay them $l a day, and in no case will the State pay over $50 costs. Where the cost exceeds this amount the balance Is a claim against the fine and forfeiture fund of the county. Certain items of cost allowed by the county and that allowed by the State, such as s1 sheriff fee for releasing a prisoner from jail. Is a claim against this fund. large number of these claims have already been registered, but it will be about five or six years before the fine and forfeiture fund will be able to liquidate them, this fund being this much behind in it's payments.
 City Court.
 In the first division of the City Court, Judge Charles A. Senn presiding. the case of Mrs. F. S. Roth vs. the Birmingham Railway, Light and Power Company re- suited in non-suit being taken by plain tiff. An interesting law point was in- volved in this case. The plaintiff sued the present consolidated street railway com pany in January last for damages for personal injuries which occurred on the Birmingham Traction Company prior to the consolidation. The preliminary agree ment of consolidation was dated October 15, but the articles of consolidation were not filed until November D. The defend- ant having sued the Birmingham Rail- way, Light and Power Company and the proof showing that 1t did not cause the Injury, its counsel moved the court to
  Plaintiff then offered to amend the de- claration by alleging practically that while the present corporation did not cause the injuries it was responsible for them under the consolidation, but Judge Senn disallowed this amendment on the ground that it added new cause of ac- tion. The plaintiff then took a non-suit and will take the case to the Supreme Court by bill of exception.
 In the second division, Judge W. w. Wilkerson presiding, the case of Lula B. Horton vs A. s. Vandergrif resulted In a verdict in favor of the defendant against the plaintiff for s27O0.
 Hardie Williams has filed suit for 5000 damages against w. A. Williams, notary public and ex-officio justice of the peace. and the surities on his bond. viz: William Hunt, N. A. Barrett and J. M Huey. He alleges that he was arrested by war rant issued by defendant, which was im- properly issued and that defendant by so doing made breach of his official bond.
 United States Court.
 In the United States Court non suit was taken in the case of Barney Mc- Clone vs. the Southern Express Company.
 Barney McGlone, who Is watchman at the Southern Railway. sent some money by express to his wife, who was in the asylum at Tuscaloosa, telling her to come home to a sick child He claimed that the company did not deliver the money promptly and that his wife failed to come on the train on which he expect ed her, and that when she did come there was no one to meet her, and being men, tally unbalanced, she wandered off and was not heard of for many days. He sued for damages for his anxiety and mental suffering. The defendant de- murred to the complaint, claiming that the only damage he could recover was the amount of his money sent to her and interest. Judge Meek sustained the de- murrer and the plaintiff took a non-suit
 In the case of Nelson Watson .vs. the Southern Railway Company, the demurr- CTS to defendants pleas were sustained, and the case set for Monday, the 20th.
 Circuit Court.
 Tn the Circuit Court in the. case of Krebs Manufacturing Company vs Elm ma Simpson, a Judgment by consent for s47 40 was rendered. and a mechanics lien esta blished on lot 6, block 15, of Finney and Jones' addition to Ensley
 A judgment of s37O.7O was rendered in the case of Alabama Brewing Company vs. J. F. Sims.
 There was a judgment by consent of s2o0 In the case of Ellis Quarles vs. the Tennessee Coal, Iron and Railroad Com pany.
 Criminal Court.
 In the Criminal Court. Judge Dan A. Greene presiding. Constable J. s. Burke. who was charged with assault and bat tery by W. M. Ross, was acquitted.
 Joe Jenkins and Sylvester Washington. both colored, were convicted of grand larceny
 The case of l., T. Layendar. white. charged with larceny of s65 from the Bir- mingham Railway and Electric Company, is on trial. :.
 Court Items.
 John P. Abbott, chief clerk of the Criminal Court, Is at his desk again after a vacation of several weeks.
 Marriage licenses were issued to Dr. J. N. Statum and Millie Heaton; Andy Hig-