The Birmingham age-herald., 1905-01-17
List of Inferior Court BIII.


 Judge Charles w. Ferguson heard yes- terday, in the second division of the city court of Birmingham, the argument in the case of the State of Alabama ex rela- tion K. l.. Williams vs. H. B. Abernathy and l. H, Benners, and then took the matter under advisement This is a case to test the eonstltutionality of the acts Of the recent legislature of Alabama cre- ating the inferior court of Birmingham r. is expected that a decision will be rem dered within the next few days If the decree rendered by Juuge Senn Is against | the court it Is hardly likely that an ap- | peal will be taken to the supreme court, 1 inasmuch that tribunal has recently l held the Inferior courts of Bessemer and Of Ensley to be unconstitutional If the l decision of Judge Senn Is adverse to the | court, Judges Abernathy and Benners and ] Clerk Charles J. Martin and Deputy 1 Clerk J. Martin Bonner will be out of a job and the Governor will be, called upon | to appoint four justices of the peace, two for each beat in Birmingham.
 A large number of members of the local bar were in the courtroom while the case was being argued. 1t was submitted on an agreed statement of facts with the | arguments. A. Leo Oberdorfer, one of the representatives of the respondents to the proceedings, opened the argument, and | he was followed by Attorneys J. T. | Glover, H, K. White, R. l.. Williams and D. J. Poneelor. The case did not come to a close until yesterday afternoon. and Judge Senn then announced that he would take the matter under advisement.
 Todays Calendar. No. 15522-Jacob Crocker vs. Kansas | City, Memphis and Birmingham railroad appeal by defendant. Attorneys, Camp 1 bell and Morrow.
  City Memphis and Birmingham railroad; appeal by defendant. Attorneys Camp bell and Walker.
 No. 16SS9-J. Cooney Co. vs. J. C., Greener; appeal by defendant; Attorneys i w. Erxhardt; W, F. McCrossin.
 No. 163so-A w. Mccormack vs. South ern Railway company; common law cer- ] tiorari; Attorneys J. R. Tate; James Weatherly.
 No. 16394-J D. s. Davis, as surviving partner etc., vs. R. Zavalo; assumptsit; Attorneys Cabaniss and Weakley and E. l c. Crow Powell and Blackburn.
 No. 16400-Max J. Winkler Brokerage company vs. w. M Mock defendant, Standard oil company, garnisee appeal by defendant; Attorney w. M. Ullman. No. 16405-W. B. Snapp vs. Singer Manufacturing company; appeal by de- fendant; Attorneys w. S. Burrow: Ward & Drennen.
 No. 1G4l2-F erdinand Rothenhofer vs Mrs. Matilda Newberry; damages; Attor- l neys R. H. Fries and Bowman, Harsh X Beddow; Altman & Altman. | No. l6416-Thomas Belch vs. Southern Railway company; damages; Attorneys John F.. Knight; James Weatherly.
 Firsi Division.
 JUDGE CHARLES w. FERGUSON PRESIDING:
 Jures for the week were organized in the first division yesterday morning as fo llows
 No NV. H. sharber, w. L. Peterson, Tom Davenport Charles Behrens, James II. Tyler, D. s. Reynolds ]. s. Campbell. w. M, Burge, T. H. Johnson, M. H. Tendon, W. A. Hall, R, II. Egg gleston.
 Jury No. 2-L J. James, Jr., R. c. Greenhouse. D. D. Hyche, D. O. Battle w. N. McMalone, J. II. Terrell. w B. Baker, W. F. Nichols, J. E. whatley Jury No. will be completed today.
 The damage suit of B. G, Luster and others vs the Woodlawn Realty company Is still on trial in the first division This case has been on trial for several days past Suit Is brought for $5OO0 as dam ages to certain property located at Woodlawn.
 Today's Calendar.
 No. 14S96-Anthony Jones vs. Sloss-Shef- field Steel and Iron company; damages. ] Attorneys, R. w. Walker, Bowman, Harsh X Beddow; James Weatherly.
 No, 14S97-David B. Sudduth vs Avon dale mills; damages. Attorneys Bowman, Harsh x Beddow; Frank s. White & Sons, Hugh C. Crane
 No. 15S61-Joe Murray vs ss-Sheffield Steel and Iron company; damages. Attor- neys Dill and Allen; Tillnan, Grubb, Bradley and Morrow.
 No. 15S65-Marshall Scales gro ami vs. | Tennessee Coal, Iron and Railroad com pany; damages. Attorneys LII and Allen; | Walker Percy.
 | No 15S70-T. J. Brooks vs Birmingham Railway. Light and Power company; damages. Attorneys, John W. Tomlinson; Hugh Morrow.
 | No. 15S7S-James NJ Gillespie, admins trator, etc, vs. James Gillespy; detinue.