The Birmingham age-herald., 1907-04-24
RECORD OF THE COURTS.

RECORD OF THE COURTS. Although all the courts were busy yes terday. no case of any particular inn portance was tried. The attorneys in the case of William MacAfee vs. Atlanta and Birmingham Air Line Railway com pany were engaged all day settling the pleadings.
 Judge Senn presided in the third dl- vision of the city court.
 In the first division of the criminal court all cases set on yesterdays docket were passed for various reasons.
 Chancellor Benners will return from Fayette today. where he has been hold in1 a special term of court.
 Circuit Court.
 In the first division of the circuit court yesterday, Judge Coleman presiding, the case of William MacAfee, assignee, vs. Atlanta and Birmingham Air Line Rail way company, occupied the whole day on pleadings. The plaintiff Is suing for $650OOO damages for breach of contract in connection with the construction of the Seaboard Air Line into Birmingham. It Is probable the case will occupy the time of the court for the balance of the week, if not longer.
 Circuit Court Docket. The following docket is set in the first division of the circuit court today:
 John D. Strange vs. Eliza England, administrative. assumpsit; Mayor and City Council of Ensley vs NJ NJ Johnson, ct al, damages Annie Smith vs. Wood ward Iron company, damages; Nose Thompson vs. Woodward Iron company, damages; J. c. Jolly vs. George Metros, ct al. damages.
 In the second division of the circuit court yesterday, Judge Lane presiding, the case of the Miller Real Estate com pany vs. E. A. Morris and brothers was concluded and went to the jury.
 R. W. Gayle vs J. B. Wadsworth, judg- ment for SIT .10
 J. c. Turner vs Mitchell Motor Car company. judgment for garnishee.
 Bluenthal and Bickert vs. M Wertheim- CT, Judgment for garnishee.
  on trial The plaintiff is suing for $500 for alleged assault and battery. From the evidence it appears thatplain tiff claimed 75 cents for laundry work done for the hotel of which the defendant was the proprietor. A dispute arose over the correctness of the claim.
 Second Division Docket.
 iY, ba onl division of the circuit court today:
 Sam Loeascio vs. Travellers Protective Association of America, assumpsit; J. R Evans vs Andrew Burgin, damages; J. R. Evans vs Tennessee Coal, Iron and Railroad company, damages; Edward COX vs. E. Fies, assumpst A. B. Vandergrift & Son vs. J. w. Hawkins, assumpsit.
 City Court.
 In the first division of the city court yesterday, Judge Sharp presiding, con- sent judgment for $50 was rendered in the case of Henry Battel vs. Birmingham Railway, Light and Power company. The. case of Mrs. Nancy Moore vs. At lanta and Birmingham Air Line Railway company was settled out of court.
 The case of Ed Ritchie vs. Birmingham Railway. Light and Power company was concluded and went to the jury.
 Mahaley Jones vs. Birmingham Rail- way Light and Power company; ooth sides announced ready for triat, waiting for a struck jury.
 First City Docket.
 The following docket is set in the first division of the city court today:
 Walter Lawrence vs Birmingham Rail- way, Light and Power company damages; A. D. Green vs. Birmingham Railway Light and Power company, damages; Es- telle Green pro ami, vs. Birmingham Railway, Light and Power company, dam ages: Union Garment company vs. Harris, Goldstein. assumpsit; Mrs. Rachael Cham hers ys. Republic Iron and Steel company, damages.
 In the second division of the city court> Judge Ferguson presiding in the case or A. J. Sullivan vs. L. D. Musgrove the plaintiff took a non-suit.
 The case of A. w. Hayes vs Annie May Martin, ejectment, was on trial when court adjourned.
 Second City Docket.
 The following docket IS Sel III eie SoN ond division of the city court today; ]. c. Orr vs. J. H. Milner, assumpsit; Automobile Exchange vs. Walbern Ma chine and Foundry company, attach ment; Erie Lumber company vs. Wood Dickerson & Co.,, assumpsit; M. c. Key holds Lumber company vs. J. M. Mat thews and NJ E. Coe. appeal:. A. w. Ted castle & Co., vs. W. T. Simmons, as- sumpit; Fred Miller rBewing company vs Motlow Brothers, assumpsit Rosenbaum Brothers vs. J. S. Greganous, garnish- ment; Jenkins Lumber company vs. G. H. Smith, garnishment; J. H. Pool vs. Phelon Eatman, administrator American Bonding company, appeal; Goldtsein Brothers vs. Garry & Kartus, attachment; J. w. Hamil- ton vs. H. w. Suit ct al., assumpsit; Nay or and Aldermen of Birmingham vs. An derson Hunter ct al, petition for sci fla; T. B. Lyons vs Sam H. Harris ct al, at tachment. Moody & Hay vs Frank S White, damages; Mary Martin vs. South ern Railway company, appeal.
 Judge Senn presided in the third di- xison of the citv court yesterday after