The Birmingham age-herald., 1908-02-07
RECORD OF THE COURTS


 The only case of general interest disposed of in the civil courts yester- day was that of John C. Henley ct al. against T. W. O'Byrne, in which the plaintiffs sued for damages for an al- legged breach of a lease contract It was averred in the petition filed some time ago that MT. O'Byrne had leased the building at 11O North Nineteenth street for occupation as a saloon for a term of two years, from October ] 1907 to September 30, 1909. On Janu- ary l, 1908, it is averred, the months rent in advance was not forthcoming while the lease was still in force MT. OByrne claimed that he could not keep the lease on account of the fact that he had been legislated out of business. Judge Nesmlth rendered decision that the plaintiffs were entitled to recover $191.16. The decision has been looked forward to for some time for the req son that there are a number of prop erty owners who hold leases against men who were formerly in the saloon business.
 
 yesterday, Judge Ferguson presiding, the case of Mack Lynch vs. United States Health and Accident company was on trial. No other cases were reach ed.
 In the case of the Sardis Baptist church vs. I. L. Dismukes ct al, the arbitrators agreed upon are the Rev. TA,. Stiles, who will act as the final au- thorlties in the case.
 In Judge Lanes division of the cir cult court the case of Charles WheIan administrator, vs. Birmingham Railway, Light and Power company was on trial The case of T. J. Smith vs. Birming- ham Railway, Light and Power com pany resulted in mistrial.
 Before Judge Coleman in the circuit court, the case of Mrs. Carrie Tate vs Louisville and Nashville Railroad com pany was on trial all day. The case will go to the jury this morning. In the chancery court the following cases were disposed of yesterday: B. C. Smith vs. Lillian Kelley ct al., sub-
 
 report; Florence Crossin vs. Bessie Ellis, testimony published without prejudice c. R. Trousdale vs. w. F. Neal ct al, register made report of sale of certain real estate for $500. A bill to establish the lien on certain real estate was filed by D. E. Screws vs. c. T. Shinn ct al.
 al city court yesterday: W. T. Wade, administrator of the estate of Lee Wade. deceased vs Louisville and Nashville Railroad company, s20. GOO damages claimed for death of intestate, it being averred that the defendant company's agents were responsible; B.. r. Pool Investment company vs. Sloss- Sheffield Steel and Iron company, $2000 damage for alleged personal injuries; Joe Montgomery vs. Central of Georgia Railway company, 5000 damages for alleged personal injuries; George w. Bynum vs. Birmingham Railway, Light and Power company, 5000 for alleged personal injuries.
 In the circuit court suits were filed yes- ! Alabama Consolidated Coal and Iron com pany, s1s9s.9s damages for alleged per sonal injuries; Archie Foster admins trator, vs Yolande Coal and Coke com pany, sl5,OO0 damages for the death of plaintiffs intestate In the explosion in the Yolande mines on December IS. 1907. In the criminal court. Judge Weaver S division, the jury in the case of George i Lucas charged with murder, returned a verdict yesterday morning acquitting the defendant The case of Mrs. Nora Tate was on trial before Judge Weaver yes terday and went to the jury late in the ] afternoon. No verdict was reached last 1 night. The case of Frank Howard, i charged with highway robbery, was tried ] in Judges Nesmiths division. Howard 1 was given life sentence
 l In Judge Lanes division of the circuit court the following cases are set for l trial today:
 i Frank Sharp vs. Sheffield Steel 1 and Iron company, damages; T. B. In | gram vs. Protective Life Insurance com l pany. damages; Ellen Mathies vs. Bir- | mingham Railway, Light and Power com. l pany, damages; Jennie VerInillion Bir- mingham Railway. Light and Power com | pany, damages: J. l.. N,fmillion vs. Biz mingham Railway, Light snd Power com | pany, damages.
 In Judge Colernan's division of rhc cir cult court the following cases are set .ol hearing today:.
 Senie Perry ys. EAslsy Southern Rail