The Birmingham age-herald., 1907-06-13
AIIege Question Was Decided in Circuit Court of Jefferson
 County a Month Ago
ACTION KEPT SECRET
 UNTIL ANSWER FILED
Records Failed to Show the Alleged Proceedings In 1874 Before Judge Mudd AnnulIlne the
 Charter.

In the equity division of the city court yesterday morning the case of the state of Alabama ex rel T. M. Bradley vs. town of Elyton ct al. came up for hear
 The suit is based upon a quo warranto proceedings instituted by T. M. Bradley seeking to annul and cancel the act of in- corporation of the town of Elyton and to prevent the municipal officers elected to fill the positions of Mayor and aldermen of said alleged municipality from taking or exercising the right of these offices.
 The defendants plea is the following:
 Defendants Plea.
 "State of Alabama ex rel T. NJ. Bradley vs town of Elyton ct al.
 And now comes the defendants in the above entitled cause and for plea to the information filed against them in the above styled cause, say: That on the 14th day of May, 1907, a proceeding in the nature of quo warranto was instituted in the circuit court of Jefferson county wherein the identical parties plaintiff and defendant were the same as the parties in this action, and wherein the ques- tions and issues arising in said cause were identically the same as are the ques- tions and issues arising in this cause; and that on, to-wit, May 20, 1907, said cause so pending in the circuit court of Jefferson county was heard, tried and determined by the honorable court aforesaid of Jef- ferson county, the Hon. A. A. Coleman, judge presiding, which court has juris- diction and was q court of competent Jurisdiction to try and determine the is sues in said cause; and that upon the trial of said cause and the introduction of evidence therein a judgment was rem dered in favor of said defendants adjudg- ing them not guilty" of the matters and things alleged In said petition, and deny ing the said petition. And these defend- ants say that said judgment has not been appealed from, and remains unreversed and in full force and effect.
 Defendants also allege in their answer that at the time of the filing of their peti- ton for incorporation in the probate court, the said descriped property in said , petition was unincorporated property, and that the facts were that in the year 1874 a proceeding in the nature of quo war ranto filed by the state on the relation of b. E. Hickman was instituted In the cir cult court of Jefferson county against the said municipality of Elyton, which had been chartered and incorporated by the acts of December 20, 1920, and February 9, 1871, seeking 10 adjudge and declare the said municipality and the franchise there of granted by said acts, forfeited and null and void, and seeking to oust the said municipality from exercising and enjoying the rights, powers and privileges and franchises Of municipal corporation. And that upon the hearing of said infor- nation the Hon. William s. Mudd, judge presiding In said circuit court, entered a judgment in favor of the state, adJudg- ing the defendant, the said municipal cor. poration of Elyton. guilty as alleged Tn said petition. and adjudglng its charter and franchise, as a municipal corpora ton forfeited
 The relator is represented by Capt. E D. Smith, city attorney. and the respond ents by Attorneys Powell and Blackburn At the conclusion of the arguments Judge Senn took the case under advise. ment, requesting that both sides furnish i briefs on the subject.
 Much surprise and comment was ex- pressed when 1t was learned that thIs question had been previously submitted to the circuit court for decision without any mention having been made of it. At torney Smith says there Is no record tc show the alleged action of Judge Mudo as set forth in the plea.