The Birmingham age-herald., 1908-02-11

return the latter part of the week. Chan- cellor A. II. Benners is holding court at Fayette. Judge Greene has been in Florida for some time.
 Circuit Court Proceedings.
 In the two divisions Of, the circuit court yesterday Judge Lane and Judge Aston disposed of B cases as follows:
 Judge Lane-Claud D. Roekett, pro ami, vs. Tennessee Coal. Iron and Railroad company, judgment by consent for $500; William Iyey, administrator, vs. Louis vile and Nashville Railroad company, verdict for $25O; Carl Roegner vs. Town of'Avondale, dismissed by plaintiff: Carl Roegner vs. W. R. Starbuek. Sudduth X Franklin. dismissed by plaintiff; Mike Zeoek ys. Tutwiler Coal, Coke and Iron company, dismissed for want of prose eution: Henry Link vs. Southern Bell Telephone and Telegraph company, dis missed by plaintiff; Claud H. Everett vs. Kansas City, Memphis and Birmingham Railroad company, dismissed for want of prosecution. The case of G. B. McLemore vs. Ruby Land company, is on trial be- fore Judge Lane.
 Judge Alston-Ch.rles Wilburn vs. Bir- mingham Railway, Light and Power company, judgment by consent for 20; Mrs $ C. Piecker vs Birmingham Rail way, Light and Power company, consent judgment for $210; Charles Gary vs. Bir- mingham Railway, Light and Power company, judgment by consent for S25; A. B. Vandegrift & Sons vs. J. W. flaw kins, verdict for the defendant.
 City Court.
 Tn the first division of the city court, Judge Ferguson presiding, the case of the Jefferson Brick company vs. Moody & Hay, ct al, is on trial. In the case of the Peoples Home Telephone com pany vs. Ocean Accident Insurance com pany a verdict for sS67S, 60 was rendered for the plaintiff. A judgment by consent for $35 was rendered in the case of Abe Rich ys. Louisville and Nashville Rail road company.
 In the second division of the city court, Judge Nesmith presiding, the case of Hette Forrest vs. Crockett Paving com pany is on trial No other cases were reached yesterday.
 only one case was gotten into in the
  the case at bar being that of Mrs. J. M. Turnham vs Birmingham Railway, Light and Power company. Judge Senn is pre- siding.
 Suit was filed in the city court yesterday by Mrs. Annie May Pool against the. sloss-Sheffield Steel and Iron company in which the plaintiff claims s2OO0 on the ground that the defendant wrongfully caused water to flow over certain real estate, causing a depreciation of the property.
 Criminal Court News.
 The only case reached in the first di- vision of the criminal court yesterday was that of Dave Strother, charged with bur glary and grand larceny. He was found not guilty by the jury. The case of Ar thur Cole is on call and will probably be tried this morning. He is charged with burglary and grand larceny.
 In the second division of the criminal court, Judge Howze presiding, a number of misdemeanor cases were disposed of.
 Circuit Court Docket.
 Tn Judge Lanes division of the circuit court the following cases are set for trial today:
 Elijah Donegan, administrator vs. Bir- mingham Southern Railroad company, damages; Cora Levert vs. Postal Tele- graph Cable company, damages; Love- man, Joseph & Loeb vs. Peoples Home Telegraph company, damages; James F. Smith vs. s. S. s. & I. company, damages; J. R. Evans vs. Andrew w. Burgin, dam ages.
 Judge A. H. Aston, presiding, the fol- lowing cases are set for hearing today in Judge Coleman's division of the circuit court:
 Frank D. Brown vs. Seaboard Air Line Railway company, damages; W. s. Hamer vs. George c. Harris, damages; J. H. Compton, administrator, vs Fraternal Censers, assumpsit; Tennessee Valley Fer tilizer company vs. G. A. Griffith, assump- sit; Charley Gary vs. Birmingham Rail way Light and Power company, damages.
 City Court Docket.
 Judge Ferguson presiding, the following cases are set for trial today in the first division of the city court:
 Luther Simmons ys Ed Martin ct al. appeal by plaintiff; Mary J. Thomas vs. Mrs. Annie Thomas. attachment; Charley McCurdy, pro ami vs. Houston San ders, damages; A. J. Vandenise S Com pany vs. Phoenix Auction company, ap- peal by defendant Ensley Land com pany vs. Sheppard Lumber company, ejectment; Automobile Exchange vs Wal bern Machine and Foundry company, at tachment W. T. Newberry vs. A. T. Newall, assumpst Heidt- Nelson Coal and Lumber company vs. A. S. Owen, defend ant, and J. F. Gillespy ct als., garnishees, assumpsit; Mary Hartegn vs. Hewes S, Booth assumpsit; Erie Lumber company vs. Wood-Dckerson & Company. assump- sit; Ramsay & Mccormack ys. D |. Moore Company, defendant. and Mayor and Common Council of Ensley, garn- shee, assumpslt: M c. Reynolds Lumber company vs J. M Matthefs ct al. appeal by defendant; A. w. Tedcastle & Com pany vs w. T. Simmonds assumpsit; Fred Miller Brewing company vs. Motlow Brothers, assumpslt; Jenlxnis Lumber company vs. G. H. Smith, defendant, and F. J. McGeever ct aL, garnishee, garnish- ment on summons; Norman Webb et al yes Will McFarlin & Company assump- sit; Norman Webb ct al. vs. Will McFar- lin & Company. ct al. damages; Nor man Webb ct al. vs Sloss-S Sheffield Steel and Iron company, damages.
 The following docket of cases is set 6iSnncftiOn in ba