Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-02
ALABAMA GREAT SOUTHERN CASE
Decision of Judge WiIkorson--' Victory
Over the Southern Railway.

Over the Southern Railway.
BIRMINGHAM, ALA. December l.
Judge Wlkerson. OF the Birmingham City
Court, to-day rendered his decision in the
Alabama Great Southern railroad injunc-
ton case, d.ssolying the Injunction. This
is a victory for the Cincinnati. Hamilton
and Dayton people over the Southern rail-
way.
Judge Wikerson, in his decision. says:
II complainants are entitled 10 main
tain the Injunction, II must be upon their
rights.
i. As hold-over directors OF the Ala
bamd company. claiming the officers; or,
-. As stockholders Of the Alabama
company; or,
-. As bondholdcrs Of the Cincinnati
extension bonds: or.
~ As stockholders Of the English COM
pany.
These are separate and distinct claims
for relief If all or any one are estab-
lished. compliments are entitled TO the
relief prayed for. but the imperfectionS
Of one claim cannot be aided by equitable
principles tending to support another. As
hold-over directors, they cannot try their
rights TO the officers in this forum
~ court Of equity never undertakes to
settle the right of a claimant TO an Office
in a corporation. II does decide such
question when such decision is necessary
TO determine another Independent equity.
II has Jurisdiction. and IN such cases the
decision does not settle the right TO the
Offices, except for the purposes Of that
suit.
"As IN an Injunction against waste.
n court Of ch9ncery may be required TO
At .f,o In, xth4 la
but the title Is not thereby settled be-
tween the parties. as Il would be- in an
action Of ejectment. but is collateral
inquiry necessarily made in the dejermi-
nation OF the issue &C waste or not
"Complainants cannot obtain relief by
this bin as holl-Over or custed directors,
claiming such Offices. Besides this. they
do not claim TO have been elected for any
other term at the October meeting By
their own act. after participating In the
voting, the announcement OF the election
was by an injunction prevented, and they
cannot b. heard to say that. therefore,
no one was elected. and that they have Il
right 10 hold over. whether any one was
elected or not.
For reasons given In the decree the de-
murrer 10 the bill should be sustained
and the injunction be dissolved.
aside from these considerations the
answer denies any beneficial interest OF
compliments as stockholders. and denies
that said directors or either Of them pro-
pose To control this defendants business
with view to benefit the said Dayton
railroad system or 10 make personal
profit.
ION such den.als. ~ the allegations in
the bill Of complapants' interest as
stockholders, and the danger of injury to
the property give 1t equity the injunction
should be dissolved. Therefore. it is or
dered and decreed by the Court that the
defendants demurrer 10 the complalnants'
bill be. and the same is hereby sustained
for want Of equity in said bill. and that
the Injunction hereinbefore granted BE-,
and the same is hereby dissolved.
"rhe complainants are allowed twenty
days within which they may apply for
leave to extend their bill. Should 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 $l2Vo.
with good and sufficient surety. approved
by the clerk and registrar. payable TO
the clerk and registrar, and conditioned
70 prosecute said appeal and to pay any
person all such civil damages as may
be sustained in said Injunction, If the
same DO thereafter dissolved"