The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-04
COURTS OF THE TWO
STATES CONFLICT
Louisville & Nashville Appeals
Case - Supreme Court
WILL BE FAR REACHING
Loss of Montgomery Lumber Co. Was
Complete, Amounting to About
$4,000, With Insurance
of $4,000.

Montgomery, January 3.-(Special)-ln
a case just appealed to tie supreme court
of the United States from the supreme
court of Alabama, the Louisville and
Nashville railroad undertakes to combat
a decision by which they have been
forced to pay $24.63 earned by F. b..
Deer, twice. 1t involves the question of
conflict between the courts of two states,
and unless finally settled makes it pos
sible for great losses to occur. The de-
cison Of the supreme court of Alabama,
from which appeal is taken, is as fol-
lows:
Sharpe, jim overruling the demurrer
to the replication to the second plea and
also in rendering judgment for the plain
tiff upon the agreed statement of facts,
the trial court acted in accordance with
the principles declared by this court in
Louisville and Nashville Railroad Com
pany VS.. Dooley Is Ala, 524; Alabama
Great Southern Railway Company VS..
Nash, lis Ala Az. and Louisville and
Nashville VS.. Steiner e. Lobman, 12S Ala,
1853, to the effect, as bearing upon the
case, that the Justices court of the state
of sFlorida was without jurisdiction to
render the judgment pleaded here, and
on the authority of these cases the judg
ment appealed from will b affirmed"
Agreed on Fact.
The agreed statement of facts show that
Deer worked for the Louisville and Nash
vile railroa, in Florida and contracted
q debt while there. Later he was trans
ferred to Alabama and the Florida credi-
tor brought suit and garnisheed the road.
lis money was held up and the debt
raid 1t was impossible to get service on
Deer however, by personal notice, but
such was accomplished by advertising ac-
cording to the laws of Florida.
After the case had been decided in
Florida and the money paid over Deer
brought suit in Alabama securing a YER
dict against the company in the city
court of Montgomery, for the full
amount due him and held up by the Flori-
da suie
Must Not Conflict.
The railroad, through Assistant District
Attorney George w. Jones, pleaded the
decision OF the court of Florida as a
complete bar to the proceedings. The
federal constitution says that each state
must give due credit to the laws of all
others This decision is held to be in
direct violation OF this part of the or
ganic law of the nation. In a decision
rendered some time ago in Rock Is
land and Pacific case, the supreme court
OF the United States ruled along this
lint.
II is argued by the attorney of the
railroad in a brief presented that the mat
ter as it stands now gives the road, and
the same is so of every corporation having
business in more than one state. no
chance against double payments of claims
of this kird. If q judgment can be Sc
cured in one state and the road forced to
pay the money, and then the man to
whom the money was due be allowed to
bring suit and recover in another state,
It will make it possible for the unscrupu-
lous to continually take money that has
not been justly earned The point is re-
garded as so important that Mr.. Jones
has been instructed by his superior of
ficers to spare no time nor expense to
secure definite ruling by the supreme
court of the United States.
The position of the Alabama supreme
court is that the justice court of the state
of Florida, into which the money due
Deer was paid. was without jurisdiction
and therefore the Louisville and Nashville
railroad should have resisted the pay
ment until fully made certain that the
court was in every way able to render
permanent decision.
insurance ana LOSS.
Tie burning of the plant of the Mont
gornery Lumber Manufacturing company
last night was complete and put the
enterprise out of bushes completely. The
loss is about $4,000, as stated, with in
srrance as follows: Atlanta Birmingham,
$1,000: North British and Mercantile, $1,000;
Aetna. s2500: Atlas. $500; German Ameri-
cam $1,000; National of Hartford, $1,000;
Rochester German. $1,000; Agricultural,
$1,000; New Hampshire, $1,000; Phoenix of
Brooklyn, $1,000; Sun of England. $1,000;
London, $500; PENNSYLVANIA. 5000; Phoenix
OF Brooklyn. 5000; Sun of New Orleans.
$500: Phoenix of London, $1,000; Northern,
$4,000; London and Lancashire. $1,000; Pala-
tire. $1,000; Philadelphia Underwriters,
$1,000; Sun of England. $500; Royal. $1,000;
Glen Falls, $500; WestcLester. $500; In
cemnity, $1,000: New Hampshire, $500;
Commercial Union. $1,000; Citizens, $4,000;
sun of England. 1880; London and Lam
cashire. $1,000: Norwich, $1,000; New York
Underwriters. $1,000; total. s50,500.
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