The Montgomery advertiser., 1901-06-12
AN INTERESTING SUIT.
Large Amount of Property Involved
 in the Litigation.

in the Liclgat1on.
 Opelika, June 11.-(Special. )--The case of the Alabama and Georgia Man. ufactuEing Company and the Huguley Manufacturing Company vs. The Xiv erdale Cotton Mills pending in the Chancery Court of Chambers County was submitted on briefs yesterday to Chancellor Kelly. for a decree in vcca- tion. Chancellor Kelly was requested to postpone consideration of the ccse pending an injunction suit filed by the defendant corporation before Judge Newman of the United States Court in Atlanta, Ga. The compliments are Alabama corporations and the defen- dant is a Georgia corporation. This is quite an interesting suit involving over half a million dollars. This suit is flied by the Alabama and Georgia Manufacturing Company. the Huguley Manufacturing Company vs. the Xiv erdale Cotton Mills in the Chaacery Court of Chambers County for the re- demption of certain valuable property purchased by the defendant under a decree of the United States Court in Georgia. The property involved is To- cated in Chambers County.
 Litigation over this property has been pending for several years in the United States Cou-:s. The complain ants in this suit lost in the Circuit Court for the Northern District of Georgia and appealed to the United States Circuit Court of Appeals and United States Supreme Court, where the case Is now pending.
 In the meantime the complainants lave filed this suit In the Chanccry Court of Chambers. to reinvastigate all the issues decided in the United States Courts in Georgia and to redeam the property sold under the decree Of those courts.
 The Riverdale Cotton Mills on the 10th inst filed 6 defendant bill ancil- iary to the main case ln the onited States Circuit Court in Atlanta, set- ting up its title and also setting Up that the parties under whom 1t claims title by virtue of commissioner sale under & final decree of the court. are attempting to evade the force and ef- feet ct the decrees of the United States Courts by filing the above mentioned bill in the Chancery Court Of Cham bers County and filed said bill to have the matters again investigated and de- cided. It asks for an injunction against the complainants in the Chancery Court of Chambers County from prose cutting their suit in Alabama. The RtVerQale COLIOn NllilS &ic6S tuSJ ho' expended $150, ,00e in the reconstruction of the factory and the purchase of new machinery. It further alleges that the suit began in the Chancery Court of Chambers County as tollateral attack on the United States Court in Georgia and an effort to evade the force and effect of it's 6e- crees.
 Judge Newman granted a resrain- ing order, requiring the parties to snow cause on the 20th inst, at the Chiteo States Court room in Atlanta. Ga. why the injunction should not be made per- maEent.
 Rv agreement of all the parties in terested the further consideration of the Chancery suit by Chancellor Kelly ia nostponed until after June goth. to await the result and effect of the in- Junction proceedings lpending before Judee Newman in Atlanta, Ga. The final decision is awaited with much in- terest.
 Last night pursuant to a call CT Mayor Palmer, the City Council, the Board of Education and a committee of citizens met at the Councu cham har to discuss the erection nt a public school building. The committee ap- nointed at the last meeting to suggest inc hest plans and methods for raising the money presented two reports, one by MT. J, D. Power and one by NIT: l. Well. Both reports contained valuable CT. ogestions and after considerable dis cussion the Board of Education was requested to decide how much the school building should cost and make application to the City Council to pro- vide the money for its erection.
 It is very probable the plans now be- ing discussed will be adopted and ope- 'ika will have a commo l:ous and sub ptantial school building by the iali opening of the school.