Birmingham age-herald., 1894-12-02

of the duties-of the office they claim. They are directors and largely interested in the Cincinnati, Hamilton and Dayton railroad, but individuals may be directors aud largely interested in more than one rail- road. It was openly announced in the stockholders' meeting of the En- glish com pany when Taylor and associates were elected as directors that they had made an alliance by which the Cincinnati, Hamil- son and Dayton Railroad company was to obtain substantial control of the Alabama Great Southern railroad, that it might use 1t as feeder to its system. No injury IS reasonably inferabie from that faet-it IS not shown that the two roads are rivals or competitors, that their interest conflict, that as a "'feeder" to the Cincinnati, Hamilton and Dayton and controlled by il, il might not be as prosperous as ever. Be- yond the two mentioned there are no other facts alleged to show any danger of injury to the property, It is true that many conclusions, fears and apprehensions Of complainants are al- legged facts, but courts cannot grant in- functions on conclusions, feaIs and appre- tensions, however strongly stated. Facts sufficient to warrant them must be dis closed .-Satterfield vs. John, 53 Ala. 130. Kingbury vs. Flenen, 65 Ala, 4S6. 1 High on inj. section 7z2. Fogg vs. Blair. 139 U. 5. 1I8.
 1. The same reasons that nfe conclusive against conplaiuants clainfsto the relief | sought for as a bondhoder are. conclusive | against his claim as 9 stock Holder of the | English company. As a stockholder of the English company he could have no higher rights thau a creditor with lien. The two corporations are separate and dis | tinct entities.
 | For tbese reasons the demurrer to the | bill should be sustai ed and the injunction | dissolved. Aside from th hese GO siueral ions | the answer denies any beue fcial interest | of on,plainants as sock holders, and de- nies that 'said directors or either Of them propose to control this defe udant's busi SS with view 10 feed and benefit the said Dayton railroad system or to make personal proht.''
 On such denials, if the allegations of the bill of complainant's interest as a stock holder and the danger of injury to the prop erty give 1t equity, the jujuuction should be dissolved.
 Many questions are sed which, under the view taken of the Case, it is necessary to decide. The facts relative 10 the pend ency of another suit in the United States circuit court between some of the same parties the same cause of action though argued, do not sufficiently appear in the record, and that question IS therefore not decided.
 An order is made dissolving the injunc tion heretofore issued the dem murrer for want of equity in the bill.
 THE DEGREE.
 Therefore it is ordered and decreed by the court that the deiendants' demurrer To 
 hereby sustained for the want of equity in said bill and that the injunction hereinbe- fore granted be and the same is hereby dis solved.
 Complainants are allowed twenty days within which time they may apply for leave to amend their bill. Should com plainants appeal from this order aud seek thereupon to restore said injunction, the bond to be given by them for such purpose shall be in the sum of $12, ,000, with good and sufficient surety approved by the clerk and register, payable to the clerk and reg ister, and conditioned to prosecute said ap- peal to effect and pay any person all such cost as damages may be sustained on &C., count of said injunction, if the same be thereafter dissolved. rN
 This 1st day of December, 1894.
 w. w. WILKINSON, Judge.
 INJUNCTION STILL IN FORGE.
 The defendants gave the required bond yesterday afternoon for an appeal to the supreme court and the injunction granted some time ago remains in force.
 CRIMINAL COURT.
 Judge Greene of the criminal court passed hard labor sentences on the follow ing prisoners yesterday: 5EsTf k.
 Will Spauding, two cases, 122 and 70 days respectively; Sam Tucker, 121 days: Frank Johnson, two cases, 12 mo th5 and 52 days respectively; Jake Newby, 91 days; Lon Griffin, 116 days; w. o. Wisdom, 161 days; William Foster, s9 days; Allen
 
 TRIED TO ESCAPE.
 As the deputy .sherffs were returning with the prisoners from the court room to the jail, Allen Meadows made break for liberty. He ran out between the jail and the engine house and up Fourth avenue to Twenty third street, where he was stopped at the point of dou ble barreled shotgun.
 Deputy Sherffs Cole, Burgin, Jones and Shoemaker pursued him, and several shots were fired, but none took effect. Meadows, when caught, was taken before Judge Greene and an additional fine and sentence of $100 and thirty days was passed on him for attempting to escape. It all took place in thirty minutes.
 CAPITAL DOCKET THIS WEEK.
 The capital docket will be called tomor- row morning and the following cases called:
 Frank Byers, murders; T. w. Hooper, rape; w. H. Cook, murder; Tom Early, murder.
 The trial of seven of the alleged Pratt mines rioters is set for Wednesday, Those who will then be called are Bill Brock, Rio Regis, John Keso, James Yeager, D. Truilious, Marias Benoit and Sam Evans, all indicted for murder.
 CITY COURT.
 The city court was not in session during the past week, as the Jefferson division was called in the supreme court. The follow ing docket is set for the first division to- morrow:
 Emile Lesser vs. United States Life In- surance company 1.-two cases.
 Joseph Goldstein vs. Scottish Union and National Insurance Company of Edinburg.
 J. B. Conuell vs. Birmingham Mineral Railroad company.
 THE MODERN MOTHER has found that her little ones are improved more by the pleasant laxative, Syrup of Figs when in need of the laxative effect of