The Montgomery advertiser., 1907-05-31
BACK TO THE
LOWER COURT.
Farley Bank Case Again
IN Supreme Court.
DECISION FOR THE PLAINTIFFS
Suit Involves Fifteen Year-0ld
Debt Of $15l, 200.
Decision ON Demurrers I'm Appellate
Court sends Famous Case Back To
Chancery Court To Be Tried
DECISION FOR THE PLAINTIFFS

The celebrated litigation between j.
| L. Hall and L. B. Farley, as Trustees,
| against the Alabama Terminal and
Improvement Company. the (old) Far
| ley National Bank, and others, was re-
stored to the Chancery Court yester-
day by a decision of the Supreme
Court, which affirmed en- appeal and
| reversed and remanded on cross APP
| peal.
The suit, which was instituted in
January, 1892. involved debt of $751;
000 owed by the Alabama Terminal
Company to the Farley. National Bank,
which was forced to suspend business
when the Company failed, the execu-
ton in the original suit against the
company being returned by the sheriff
with the report: mo property found"
The effect of the decision in the ap-
peal and the cross appeal Is to place
the suit once more before the Chan
Gerry Court for trial on Its merits 1t
has now been before the Supreme
Court three times The plaintiffs in
the original bill. Hall and Farley, Sc
| cured a judgment which the Supreme
Court set aside. The bill was amend
cd. and in the second trial the defend
ants received a favorable judgment,
which was reversed In the third and
| latest trial the plaintiffs victory in
| the lower court on demurrer was up
| held by the Supreme Court The case
will now be tried on its merits.
The defendants are Numerous and
| many of them are citizens of Pike
County. The litigation had as its In
direct source the Alabama Midland
Railroad. which the Alabama Terminal
and Improvement Company contracted
to construct.
This original bill was brought in the
Chancery Court of the Southeastern Di
vision hu Tns4nh r. Tnnfc
Farley against the Alabama Terminal
| and Improvement Company, the Far
| ley National Bank, Joseph w. Wool
folk and others. The Alabama Term
inal and Improvement Company's
| failure, 1t was alleged in the bill, had
| caused the suspension of the Farley
National Bank, to which 1t owed $751;
900. on August 81. 1891.
H. M. Hail was appointed receiver
of the Bank, and In January, 1892 he
brought suit against the company to
recover the Indebtedness. He re-
ceived Judgment for $117,90092, the
debt having been reduced by payments
while the suit was pending. The sher-
if returned the writ of execution re-
sultantly issued with the report: mo
property found" -
February Is, 1892, the Bank was au-
thorized to resume business End Feb
ruary 20, the debt was transferred to
the orators in the bill.
Charles Henderson and others had
subscribed to stock in the Alabama
Terminal and Improvement Company,
the payments to be made when the
Alabama Midland Railroad had been
completed within a mile of Montgom-
cry.
List of Decisions.
To obtain payment of the debt, suit
was brought against the subscribers
OF the stock. 1t was then alleged that
]. w. voolfolk, as president of the
Terminal Company, had bought the
stock from the subscribers for the COM
pany and it was upon this point that
much of the litigation bore.
The Supreme Court yesterday handed
down the following decisions:
Tyson, C. Alabama Terminal and
Improvement Company ct al. VS.. ]. L.
Hall and L. B. Farley. as trustees. etc.
ct al, appeal from Montgomery Chan
Gerry Court, affirmed
]. l. Hall and L. B. Farley. as trus-
tees. ETC.. ct al VS.. Alabama Terminal
and Improvement Company ct al,
cross appeal. from Montgomery Chan
Gerry Court, reversed and remanded.
HARRISON, J.-C. W., Henry VS.. Board
of Revenue of Jefferson County, ap-
peal from Birmingham City Court, at
firmed.
Ashby Brick Company, ct al. VS.. Ely
and Walker Dry Goods Company. ap-
peal from Birmingham City Court. re-
versed and remanded.
Simpson, J.-Brmingham Railway,
Light and Power Company VS.. Mabel
Moran ct al, pro ami, appeal from JEFF
ferson Chancery Court, affirmed.
Rainer Mercantile Company VS.. j.
NJ. Deal. appeal from Coffee County
Court, affirmed.
j. NJ. Deal vs. Rainer Mercantile
Company, cross appeal from Gomez
County Court, affirmed.
Llewellyn Jordan VS.. Fennell Melon
nell, ct al, as administrator. ETC., appeal
from Madison Circuit Court. affirmed.
John D. Roquemore VS.. Vulcan Iron
Works Company. appeal from Mont
gomery City Court, reversed and re-
manded.
benson. J-R H. Martin VS.. Jesse
French Piano and Organ Company, ap-
peal from Chiffon Circuit Court, re-
versed and remanded.
MIN Lawson VS.. State of Alabama.
appeal from Hale County Court, rever-
sed and remanded.
Per C.tIam-J. F. Layton VS.. George
L. Campbell, appeal from Henry Pro-
bate Court. Certiorari awarded.
j. w. Sparks, VS.. ]. S. Reeves and
Company appeal from Clay County
Yo6fjops Por ond a