The Birmingham age-herald., 1906-02-16

should be paid by the defendant into the estate of the deceased.
 Lewis Perolio vs. the St. Louis and San Francisco Railroad company. The petition recites that the plaintiff claims damages in the sum of S200. the allegation being made that a mule belonging to the plain tiff was killed by a train of the defendant company at Pratt City June 15. 1905.
 J. C. Collins vs. the Birmingham Rail- way Light and Power company. It is al- legged in the petition that the plaintiff was driving in wagon or other vehicle across the tracks of the defendant com pany in Birmingham January 20. 1905, when one of the cars of the defendant company ran into and struck the vehicle, throwing the plaintiff to the ground with force and dangerously and painfully in- turing him thereby. Damages to the ex tent of s20OO are claimed by the plain- tiff.
 The following cases are on the docket of the city court for trial today:
 First Division-E. G. Ferguson vs. the Western Union Telegraph company; T. J. Wilder, pro ami, vs. the Birmingham Railway Light and Power company; Amos West vs. the Birmingham Railway, Light and Power company; Charles c. Brown vs. the Birmingham Railway, Light and Power company; Ohio Falls Varnish company vs. the Ranlxin-Spivy Paint Company.
 Second Division-Lathrop-H Lum- Der company vs. c. H. Mosely; Rufus c. Smith vs. the Birmingham Railway, Light and Power company; Rosa Ceravola, pro ami, vs. the Birmingham Railway, Light and Power company; Esey Trimble vs the Southern Railway company; George w. Harris vs. Frank Leonard.
 The following business was transacted yesterday in the circuit court:
 Cleve What1ey. pro ami, vs. the Wood ward Iron company: dismissed by consent
 Edward Bell, pro ami, vs. the Little Warrior Coal and Coke company, dismiss ed by consent and defendant assumes the costs of proceedings.
 The following cases are o51 the docket of the circuit court for trial today:
 Little Warrior Coal and Coke company vs Martin Storey; Little Warrior Coal and Coke company vs. William Mills; Lit tie Warrier Coal and Coke company vs. c. w Wooten; Mary Bibby vs. Alex La- them; Frank s. Moody, ct al., vs. Atlanta and Birmingham Air Line Railway com pany
  court yesterday in which the Mayor and Aldermen of Birmingham were made the defendants. The suits all have the same purpose in view, to restrain the city from selling certain real estate because of failure of the owners to pay the street improvement tax.
 One of the suits was an injunction suit, and the plaintiff, George c. Kelly, was re- quired to file bond in the amount of s35O0 in the court. The other cases were filed by Barbara Gayle, L. M. Pucket, Charles J. Martin, Jr., and H. A. Harrington.
 The sale of the property In question had been set for yesterday and just as soon as the cases were filed service of the papers was had instanter. In order that the papers might have the effect de- sired. The matters will come up before the court within a short time. In each Of the cases the constitutionality of the street improvement tax law is questioned and in as much as there are a number or other suits of like nature now pending in the courts, it is anticipated the matter will be given an early hearing somewhere and taken up to the higher courts for final declaration as to the constitutionality of the law.
 The following business was transacted in the chancery court yesterday:
 In the case of S. F. Bradley vs. J. F.. Minter, the report of the register was filed in the court It related to the so- licitor's fees and to the general expenses of the assignee.
 In the case of D. J. Plummer vs. J. F.. McCary ct al., Chancellor Benners handed down decree allowing the demurrer and granting the plaintiffs thirty days in which to file an answer.
 In the case of R. N. Wheeler vs. Wilbur Jackson ct al., decree was handed down ordering the register to hold a refer ence for the purpose of ascertaining if 1t were necessary that the interests of the minor In the fund now deposited in the registry be separated from the life in- terest of hls guardian.
 The following cases are on the docket of the chancery court for trial today:
 Charles M Cole vs. the Birmingham Union Railway company ct al.: S. Spiro vs. Louis Cocciola ct all; Greedy Vines ct al vs. c. B. Vines ct al.; Walter Hoff- man vs. L. W. Johns; F. J. Oden ct all vs Jule L. Oden ct al.
 Only one license to marry was issued in the probate court to the following couple:
 J. D. stuchey and Miss Hattie J. Broyles.
 Tired and nervous women find help in Hoods sarsaparilla. It enriches their h1ood.