The Birmingham age-herald., 1902-06-08
Chancellor Carmichael POstpORes
 Injunction Case Until 18th
SEABOARO WANTED HEARING
Attorneys for seaboard Tell Belt Line Attorneys That Latter Are Fight ing for Delay-The Ques-
 tion of Affidavits.

The motion filed by the Seaboard Air Line to dissolve the injunction issued by Chancellor Carmichael at the instance of the Belt Line, restraining it from laying any tracks on the rights of way recently granted it by the city and coun- ty, was taken up yesterday morning in the Chancery Court, and the hearing on motion of the Belt Line was continued. Chancellor Carmichael set 1t for Friday, June 13-a doubly unlucky day, accord ing to all superstition, for one of the par ties.
 Present representing the Seaboard yes terday were Attorneys E. K. Campbell, ]. P. Tillman and William H. Walker of the firm of Walker, Tillman, Campbell & Walker, and representing the Belt Line were Attorneys E. H. Cahaniss of Ca- baniss & Weakley, John London of Lon don & London, and Lee Bradley of Brad ley & Morrow.
 ASKS FOR CONTINUANCE.
 Mir. Campbell for the Seaboard asked Judge Carmichael that the hearing on this
  then, stating that his railroad was tied up by the injunction and prevented from doing any work towards building its line.
 MT. Cabaniss for the Belt Line asked for a continuance of a week. He said that the defendant had taken four days to file it's answer, which was very voluminous. being 40 pages of typewriter matter. This had been filed late Thursday after noon, and it had been a physical impos- sibility to prepare the case in such a short time That he desired time to pre- pare the case in such a short time. That he desired time to prepare affidavits in support of certain averments of his bill, and further that MT. Alex London, who was especially conversant with certain phases of the case, had left for St. Louis the night before on account of a recent accident to his child. That 1t was neces- ssry to have him to prepare some of the affidavits, and that he therefore asked the court to continue the case.
 MT. Percy replied that the Seaboard would agree to continue the hearing one week as asked for by the Belt Line if the attorneys for the latter would give their personal assurance that If the decision of the court was against them that they would at once take the case to the Su- preme Court for a hearing at this term of the court, which adjourned on June 30. Otherwise the case would not come up for hearing in the Supreme Court until November.
 MT. Cabaniss declined to give this as- surance, saying this was a matter which must be left to their discretion. He thought delay of week would not hurt the defendant, and said that MT. Lcndon would return Wednesday.
 How long will 1t take you to try the case7" asked Chancellor Carmichael Do you think you could finish 1t in two days?"
 'T think so," replied MT. Cabaniss. 'It will take half a day. However, to read the pleadings alone"
 DISCUSS EVIDENCE.
 The question of affidavits and what facts 1t was admissible to prove by them was then discussed. The Chancellor ruled that if the denials of the answer were sufficient to remove the injunction prayed for by the bill that then the plaintiff might introduce affidavits in sup port of their contentious.
 Ut is very evident that we can't try the case today" said the Chancellor. 'T will therefore pass the case until Fri day, the 1Sth.'
 The question as to when the affldavits should be flied then arose and the Belt Line attorneys contended that filing them twenty-four hours before the hearing was sufficient They wanted until the last moment as certain affidavits could only be prepared by MT. Alex. London, who would not be back until Wednesday. MT. Bradley asked that the case go over until Monday.
 MT. Percy-"Outside of the history of the title to the 26-foot strip is there any other fact, MT. Bradley, on which you gentlemen could not prepare an af- fidavit as well as MT. London?" There are many matters. some collat- eral to the main issues," said MT. Brad ley, which are liable to arise and on some of them Mir London is more familiar than | anyone else"
 "No one can tell how long MT. London will be away" said Mir Percy, "and know that these gentlemen are as thor oughly able as MT. London to handle all matters In the bill outside of the 26-foot 1 strip"
 MT. Bradley-"So many issues may l arise on which affdavits may be per missible. We want to present our case | to the best advantage"
 "I will set the case for trial on Fri | day." again announced the Chancellor. TIME OF AFFIDAvITS. MT. Percy-"Your honor will require