The Birmingham age-herald., 1906-03-06
RECORD OF COURTS

Judge A H. Aston of Clayton yesterday opened the adjourned term of the circu court of Jefferson county and transacte a great amount of business. Judge Alstoi removed from the dockets of the court number of cases which have been pend ing for some time, and other cases went over for trial at later dates for various causes.
 The cases completed yesterday were as follows:
 B. w. Foshee vs. A. J. Downey, judg- ment against the defendant for $164.2O.
 Hamilton Furniture company vs. Austin Keenan, judgment for the defendant.
 E. T. Kelly vs. the Citizens Insurance company dismissed by the plaintiff.
 D. T. Kelly vs. the Glens Falls Insur- ance company, dismissed by the plaintiff.
 The town of Avondale vs. Marshall Reid, appeal dismissed and judgment against the defendant for costs in the justice court
 F. T. Faulkner vs. R. H. Cotter x Co.,, non-suit taken by the plaintiff.
 Simmons Benny Tailoring company vs. W.sD. Paris. appeal dismissed and judg- ment against the defendant for costs of this court. This case was brought up on appeal from a justice court, and the plaintiff moved that judgment against the defendant be ordered because of the fact that the act creating the inferior court was valid and the action of the justice court in the case therefor was invalid. The motion was sustained by the court.
 xf XKr tIrro To- md dta- missed by the plaintiff.
 Erlck & Lefkovits vs. W. T. Kennedy. dismissed for want of prosecution.
 Fred Wehage vs. the Fidelity and Casualty company, judgment for the plaintiff for $350.
 Chesley LeMay. pro ami, vs. the Tennes- see Coal, Iron and Railroad company, judgment by consent for $50.
 Judge Aston has instructed that new hours of court shall be enforced in the circuit court, In order that the docket ar ranged for him shall be completed in the three weeks that he will hold court here. Next week court will convene at S:3O o'clock each morning. remain in session until 12:9O, adjourn for luncheon, recon. vene at 1.SO, and continue until 6 p. m. and later if necessary.
 This week court will convene each day at 9:30 o'clock, remain in session until 12:S0, take an hour for the midday meal and reconvene at 1:So. to remain in session until 6 o'clock or later.
 This change in hours appeared to satisfy the greater number of attorneys present in the court when the announcement was made, and there was much conversation later on the subject, many remarks com plimentary to Judge Aston being made.
 w. H. MacAfee, as assignee of the Mac Afee company, through his attorneys. Dwight M. Lowery of Philadelphia and John w. Tomlinson and Percy and Ben ners of Birmingham, filed suit yesterday in the circuit court of Jefferson county against the Atlanta and Birmingham Air Line railway, for $650,O00.
 The complaint contains over one hum dred pages of typewrting and contains twenty-five counts. and the suit is for one of the largest amounts involved in one suit ever filed in the circuit court. In the first counts, the plaintiff claims that the defendant Is indebted to it for work and labor done and goods, wares and merchandise sold for two hundred and fifty thousand ($25O.00o0O) dollars. The other counts he claims damages for a breach of the contract for the construc- tion of a railroad between Atlanta and Birmingham. Plaintiffs claim that the defendant broke the contract in not giv- ing proper estimates and not paying for work as it progressed, and that they were forced thereby to quit work.
 Plaintiff claims that he had profits in their contract. He claims that all of said sums sued for in said complaint are due