The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-02
ALABAMA GREAT SOUTHERN.
The Injunction Dissolved by Judge Will
kerson at BirminRhan.


Birmingham, Ala, Dec. Judge Will
kerson of the Birmingham city court to-
day rendered his decision in the Alabama
Great Southern railroad injunction case,
dssolving the injunction. This is a vic
tory for the Cincinnati, Hamilton and
Dayton people over the Southern Rail-
way Company Judge WiIkerson in his
decision says:
If the complainants are entitled to main
tain the injunction it must be upon their
rights.
!. AS hold-over directors of the Alabama
company claiming the offices, or
2. As stockholders of the Alabama COM
pany. or
3. As bondholders of the Cincinnati ex-
tension bonds, or
4. As stockholders of the English COM
pany.
These are separate and distinct claims
for relief If all or any one are estab-
lshed, complainants are entitled for the
relief prayed for, but imperfections of one
claim cannot be aided by equitable prin-
ciples tending to support another. AS
hold-over directors they cannot try their
rights to the offices in this form A court
of equity never undertakes to settle the
right of claimant to an Office in a cor
poration. 1t does decide such a question
when such a decision is necessary to
determine another Independent equity
of which it has jurisdiction, and in such
cases the decision does not settle the
right to the offices except to the purpose
of that suit. AS in an injunction against
waste. a court of chancery may be re-
qured to determine in whom the title
to realty is, but the title is not thereby
settled between the parties, as it would in
an action of ejectment, but it is a collat-
eral inquiry necessarily made in the de-
termination of the issue of waste or not.
Complainants can have no relief by
this bill as hold-over or ousted directors
claiming such offices. Besides this, they
do not claim to have been elected for
another term at the October meeting
BY their own act, after participating in
the voting, the announcement of the
result of the election was by an injunc-
ton prevented, and thes- cannot be heard
to say that therefore no one was elected
and that they have right to hold over
whether any one was elected or not
For the reasons given in the decree the
demurrer to the bill should be sustained
and the injunction be dissolved Aside
from these considerations the answer de-
nies any beneficial interest of the com
plainants as stockholders, and denies that
said directors, or either of them, propose
to control this defendants business with a
view to feed and benefit the said DAYTON
railroad system, or to make personal
profit
on such denials II the allegations of the
bill of the complainanfs interest as
stockholders and the danger of injury to
the property give it equity, the Injunction
should be dissolved.
Therefore it is ordered and decreed by
the court that the defendants demurrer
to the complainants bill be, and the same
is hereby sustained, for want of equity in
said bill, and that the injunction herein
before granted be, and the same is hereby
dissolved.
The complainants are allowed twenty
days within which they may apply for
leave to amend their bill. Should the COM
plainants appeal from this order and seek
thereupon TO restore said injunction, the
bond to be given by them for such purpose
shall be in the sum of $4,000, with good and
sufficient surety. approved by the clerk
and registrar, payable tos the clerk and
registrar, and conditioned to prosecute
said appeal to effect and pay any person
all such cost or damages as may be sus-
same be thereafter dissolved.