The Montgomery advertiser., 1906-06-15
Supreme Court Decides Two Cases. WERE CROSS APPEALS Exhaustive Opinion Written by Jsstice Anderson. ue neceiver for south and North Rail- ad--Montsomery County With ct Jurisdiction and Matter Tsunsferred to Chancery
 Cssrt of Jefferson
 County.

The Louisville and Nashville Railroad Company yesterday won two distinct victories in the series of litigation be- tween that company and Henry B. Gray If Birmingham, which has been in pro eress in the courts of the State Tor nearly year. over the control or the South and North Railroad of Alabama.
 In an opinion handed down ny the Supreme Court on appeals taken from fine decision of the Montgomery City Court in Equity on the bill of MT. Gray, as a stockholder in the South anu North, asking for an accounting from the Louisville and Nashville of its man arcment of the smaller road, ana TOT the appointment of receiver TOT .ne same, the bill was practically taken from the jurisdiction of the locai coul and transferred to the Jenerson chan cery Court in Birmingham
 An injunction granted to the piaintlH In che case by Judge A. D. Sayre at the time of the original arguments on the Dill, which restrained the Cnancery Court of Jefferson County from act ing on a similar suit previously ent- cred there by the directors of the south and North at the instance of MT. cray. was declared improper. On the ground that when two similar bills on the same case are entered in two courts having concurrent Jurisdiction, mo- ton to dissolve the injunction which had been overruled by Judge Sayre, was sustained in the opinion of yes tarday, and the previous decree was reversed.
 No Receiver Allowed.
 The opinion was further favorable to thS interests of the Louisville and Nashville, in that it affirmed the re- fusaI of the judge of the Montgomery Equity Court to appoint receiver Tor the South and North during the iiti- gation.
 With the opinion. period of fifteen days was granted to prepare argu- ments for a re-hearing of the case.
 The effect of the opinion yesterday is to render, with the exception of few points, the fight of MT. Gray against the railroad company during the time the original bill has been in the courts, void of results.
 So far as the decision in the Mont gomery City Court in Equity Is con cerned, the bill Is still good fos the purpose of an injunction restraining the sale of the South and North Rail road to the Louisville and Nashville, and of an injunction restraining the Louisville and Nashville from voting stock at the meetings of South and North stockholders.
 4The object sought by the injunction estopping the Chancery Court of Jef- ferson county from action on the suit brought there against the Louisville and Nashville has been defeated. by the reversal of Judge Sayres decree. By this reversal the case Is again placed in the Jurisdiction of the Birmingham tribunal, and must be fought out there,
 With the exception of Chief Justice weakley who was disqualified the en- tire Supreme bench agreed to the opin- ion in the Louisville and Nash vile case. The Chief Justice was connected with the case when 1t was originally introduced in the Jefferson county chancery court, and has not