The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-02
SOUTHERN RAILWAY LOSES.
JUDGE WIlkerson LissolYeS The lnjunc-
tlon In The Alabama Case.
TEXT OF The COURTS DECISION.
Victory for the Cincinnati, Hamilton
and Dayton Railroad Result OF
m Appeal.

BIRMINGHAM, ALA, Dec. L-Judge
WiIkerson. OF the Birmingham City
court to-day rendered his decision in
the Alabama Great SoutheEEn E raiiroau ;ii,nrl
tj0n. This is a victory for the Cincin-
natl. Hamilton and Dayton people, over
the Southern Railway. Judge WllKersoh
Al ms IN. eecs complainants are entitled to
maintain the injunction. 1t must be up
is, As bold-oyer directors OF the Ala
bama Company, claiming the oilisels, ,.ra Ot,
"a. AS stockholders OF the ALABAMA
3D. AS bondholders Of the Cincinnati
4th. As stockholders of the English
e These are SEPARATE and distinct claims
for relief. ,,,z.od cono-
plainants are entitled to the rellet PLay, ~,
ed for. but imperfections of one clalIn
cannot be aided by equitable prlhcipieS
tending to support another.
AS hold-over directors they cannot try
their rights to the officers in this iefH''
JuRspIorIoS OF THE COURT.
court of equity never undertakes
to settle the right OF Claimant 10 an
II does decide such question when
such a decision is necessary TO deteI
mine another independent equity. II mas
cIsion does not settle the right TO the
offices. except for the purposes OF thaI
suit As in an injunction against Wt.9tet .
a court of chancery may be requlIeu "
daternine I'm whom the title to realty 49,
but the title is not thereby settled pc
tween the parties as II would be IN an
action of etectment but ~ rs a collate a'
Inquiry necessarily made In the ueIet-
mination of the issue Of waste or nor;
Complainants cannot get relief by TINS plll
as hold-over or ousted directors claiming
such offices. Besides this, they 90 nov
claim to have been elected Tor any othgr o,tHnIr
term at the October meeting. by their
own act. after participating IN the Not-
ing. the announcement of the election was
by an induction prevented ana they can
not be heard to say tnat; thereiIbre, , bo,,,o "o a
right to hold over whether any one was
For reasons given in the decree, the
demurrer TO the bill should pe sustaiilSo
from these considerations. the answer
denies any beneficial interest OF com.
plainants as stockholders, ana denies that
said directors or either OF tnenl M piopG1s Ipp'Itb
a view to feed and benefit the sald Day ,
ton railroad system or TO make personal
profit.
SHOULD BE DISSOLVED.
On such denials. If the allegations or
the bill of complainants' interest as stoch- tLo
holders and the danger OF INJURY 10 the
propertv give it equity. the injunction
should be dissolved. $4,000 -,
the court that the defendants demurrer
~ the complainants' bill be, and the
same is hereby sustained for want OF
equity in said bill, and that the mum
ZION hereinbefore granted be, and the
same is hereby, dissolved. ..,,.,,
The complainants are allowed twenty @
days within which they may, Apply Tor
leave to attend their bill. Should com
nIainanfs apoeal from this order and seek
thereuuon to restore said injunction, the
bond to be given by them for such pur-
pose shall be in the sum Of $1,000, WIN
good and sufficient surety, approved py
the clerk and registrar, payaDle 10 tne
clerk and registrar. and conditioned TO
prosecute said appeal and to pay any
person all such civil or damages as may
he sustained in said Injunction II the
same be thereafter dissolved.