The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-10-19
RECORD OF THE COURTS.
Circuit Court.


Owing to the illness of Hugh Morrow,
one of the attorneys for the defendant In
the case of Sells, administrator, vs. Ala
hama Steel and Wire company, the case
was postponed until this morning.
The pleadings were settled on Wedpes-
day afternoon and the examination of the
witnesses was to have commenced yes
terday morning
1t is expected the trial of this case
will occupy tho time of the court for the
remainder of this week and probably a
large part of next week.
New Suits Filed.
The Louisville and Nashville Railroad
company filed suit yesterday against the
Alabama Great Southern Railroad COM
pany for $4,000 damages. The plaintiff
alleges that 1t owned a strip of land 100
feet wide near Gate City, which it used
as a right of way; that said strip ex-
tended fifty feet on each side of the CEN
ter of it's track and Joined another strip
of land used by the defendant as a right
of way for it's railroad tracks; that the
defendant excavated and dug away its
strip of land, thereby causing the plain
tiff's land to slide and cave in to the
damage OF Its tracks and property in the
amount claimed.
Bunly Brock sues the Louisville and
Nashville Railroad company for 5000, the
value of certain lot of potatoes and
cabbage which the defendant failed to
deliver to a consignee of the plaintiff in
Decatur, Ala.
City Court.
In the first division of the city court
yesterday all cases set for trial were
continued. There being no further bust
ness to be done the jury was discharged
and court adjourned for the week.
In the second division of the city court
the chancery docket was taken up, but
no business was done.
New Suits Filed.
Polly Brown VS.. Western Union Tele-
graph company; suit for $1,000 damages
for alleged failure to deliver a telegram
within a reasonable time.
Henry p Dixon, administrator, of
Henry C. Luxton, sues the Southern Rail-
way company for $4,000 adamage for the
death of plaintiffs intestate, alleged to
have been caused by the wilful and wan
ton negligence of the servants or agents
of the defendant in running a locomotive
over him.
Henry Writ sues the Bank of Pratt City
and Thomas Stabert for 5000 damages
for malicious prosecution and false i'm
prisonment on a charge of forgery.
E. J. Lynon VS.. Western Union Tele-
graph company; suit for 1899 damages
for alleged negligence in failing to de-
liver telegram within a reasonable time.
Criminal Court.
In the first division of the criminal court
yesterday the jury in the case of w. A.
Crawford returned a verdict of not guilty.
Walter Hall, charged with assault with
intent to murder, pleaded guilty, and was
sentenced to three years in the peniten-
tiary.
Oliver Davis pleaded guilty to a charge
of assault with intent to murder and was
sentenced to two years at hard labor.
Jim Lewis, charged with grand larceny,
was tried and went to the jury last night
Criminal Court Docket.
Ellen Brown, l.. L. McDonough, Alex
Thompson, Aaron Fluewelen B. A. Say
airs, VIII Johnson, Hartentius Williams
w. E. Corning w. Wright,
Chancery Court.
The following cases appear on the chan
Gerry docket set for today:
Birmingham Realty company VS.. Mayor
and Aldermen of Birmingham; Margaret
Allen VS.. e. A. Wilson ct al; Julia Harris
VS.. Richard Harris; C. Atwell Johnson VS..
Sloss-Sheffield Steel and Iron company;
v. G. Smith VS.. Lillian Keey ct al; Jonas
Schwab company VS.. John Byars ct al. ;
II. l. Long VS.. Walker County Coal and
Mineral Land company; Thomas II. Nc
Broom VS.. Lula McBrown.
Federal Court
Judge Jones was engaged yesterday in
trying the equity docket. Today the fol-
lowing cases are set for hearing: j. G.
Battelle and J. H. Frantz VS.. Lookout
Mountain Iron company; Carnegie Steel
company VS.. Tennessee Coal, Iron and
Railroad company; Alice Catanzano VS..
Henry F. DeBardeleben: John H. Wallace,
trustee, VS.. William Redd and Ernest
Redd ct al; Messer-Moore Insurance and
Real Estate company VS.. E. G. Chandler
ct al; John H. Wallace, trustee, vs. r. F.
Carr and r. II. Walker; Charles A. Still
man, trustee, VS.. Lookout Mountain Iron
company.