The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-04
Local Weather Data.
RECORD OF THE COURTS


In the circuit court yesterday Judge
Coleman was engaged trying non-jury
cases.
In the case of Dan Carroll pro ami,
VS.. Republic Steel and Iron company, a
Judgment was rendered for the plaintiff
for $S5.
The case of Jane e. Sibley VS.. Frank
e. Fleming which was on trial on We'd
nesday, was taken under advisement by
the court
The case of Bynum & Butcher Hard
ware company VS.. w. A. Martin is on
trial.
Circuit Court Docket.
The following docket is set in the cir
cult court today:
T. II. Spencer vs. c.. G. Abercrombie &,
Co, assumpsit; Charley Smith VS.. Louis
vile and Nashville Railroad company.
appeal; Mrs. D. O. Robinson VS.. J. p.
Long, appeal; j. II. Eubank & Co., VS..
A. f. deFuuiak, assumpsit; J. A. Culpep-
per, vs. Charles Schellechi, assumpst A.
3. Vandergrift & Son VS.. e. NJ. New
bourn, assumpsit; George Draper VS.. An
drew Kyle, ct al. appeal; J. A. Aldridge
VS.. Birmingham Railway, Light and
Power company, appeal Emmanuel Har-
ris VS. w. e. Howard, ct al. appeal;
T. F. johnson VS.. Alabama State Fair
and Exhibit association, appeal; r. d.
Alexander VS.. Maurice Ward, ct al ap-
peal; H. S. Brown VS.. S. w. Andrews,
appeal; A. B. Vandergrift e. Son VS.. J..
w Hawkins, appeal; J. d. S. Davis VS..
A. H. Davis assumpsit; National Chem
ica company vs. Alabama Great Southern
Railroad company, appeal; ]. M. Baker,
executor, VS.. J. e. Kennedy, Jr., assump-
sit; White Blakeslee Manufacturing COM
pany VS.. w. 7. Kennedy, appeal; A. B.
Vandergrft & Son VS.. NJ. II. Fitzpatrick,
appeal; George Moore VS.. Sam Triple,
ct ALL appeal; Roth & Satterfield VS.. Tom
Costos, appeal; Jebeles & Colias Confec-
tionery company VS.. Joe Kabose, appeal;
Louis Pizitz VS.. New Ellis Hotel COM
pany, appeal; Mrs. Ida Luster VS.. Mrs.
Susie Foster. appeal; S. E. Gillespie VS..
c. c. Phillips, garnlshment.
City Court.
In the city court yesterday the judges
were engaged settling pleadings.
New suits.
In the city court yesterday Lewis Jones
filed suit against the Sloss- Sheffield Steel
and Iron company for 1899 damages. The
plaintiff alleges he was unlawfully inn
prisoned by the defendant in Flat Top
mines for four days and that he was
whipped and beaten while there.
Chancery Court.
The following DEGREES were rendered
Addie F. Nance, as guardian, VS.. Ida
S. Nance; decree authorizing guardian to
sell real estate described in bill and APP
ply proceeds to benefit of minors.
Martha Vines VS.. l. w. Sshort, ct al
decree setting aside sale heretofore made
and ordering resale.
V. C. Smith VS.. Lillian Kiely, ct ais
order allowing defendant five days to an
swer.
Federal Court.
In the federal court yesterday Thomas
F. Thornton, as receiver for the FRS;
National bank of Alfalfa filed suit against
the United States Fidelity and Guaranty
company for $4,000 damages for breach
of a bond. The plaintiff alleges that the
defendant, for certain monetary con-
sideration, entered into a bond whereby
1t obligated itself to make good and re-
imburse the plaintiff for such pecuniary
loss as it might suffer by reason of the
fraud or dishonesty of L. M. Dyke, pres
ident of the First National bank of AZ
ITALIA, during and between November 49,
1905 to April "a, 1906; and the plaintiff
AYERS that during said period the bank
sustained losses aggregating said amount
by reason of the fraud and embezzlement
of L. NJ. Dyke, and that the defendant
failed and refused to make good said
amount as required by the bond.
L. M. Dyke was indicted by the grand
jury and will be tried at the May term
Of the federal court at Admission.