The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-08
|. ( \. SUES GRAY
FOR $1,000 COSTS
Seeks TO Recover Money on
Injunction Bond
REVIEWS THE OLD STRIFE
Since the L. & NJ. Won the Decision
From the Supreme Court In the
South and North Matter 1t
Seeks To Recover Costs.

The Louisville and Nashville Railroad
company has retaliated upon Lieutenant
Governor Henry B. Gray, bringing again
before the public a fight which has been
going on in the courts for nearly three
years. A suit was filed in the city court
yesterday afternoon, styled South and
North Alabama Railroad company, Louis
Vile and Nashville Railroad company. ct
al. VS.. Henry b. Gray and the United
States Fidelity and Trust company. in
which the complainant claims of the
respondent $1,000 damages
The suit brought yesterday is the Gull
mination of an injunction filed In the
city court of Montgomery several years
ago. The case, it will be recalled. at
tracted great amount of attention while
under consideration in the courts, being
bitterly fought through the city court of
Montgomery and then in the supreme
court; and now there is considerable in
terest in the outcome of the present suit,
which has been brought for costs in
CURED in the fight.
A history of the case follows, briefly;
on March 10, 1905, Henry B. Gray filed
in the city court of Montgomery, in
equity, a bill of complaint against the
compliments in the present. suit, in which
he prayed that the defendants, the Louis
vile and Nashville Railroad company
and others, be enjoined from the fur
Their prosecution of a, suit which had
on March 7, 1905, been filed in the name
IF fhn Ca.tf nj A..tt, LII
road company in the chancery court of
Jefferson Ncounty; and thereupon it was
ordered and. decreed that the register is
sue upon the complainant or some one
for him, entering into bond in the sum
of $1,000 Thereupon the said Henry B.
Gray caused to be filed in the said cause
a bond executed by himself and his CO.
defendant
Mr.. Gray filed the bill of complaint
for the issuance of the injunction with
the purpose Of enjoining the Louisville
and Nashville railroad and others from
voting the stock owned by them in favor
of the sale of the South and North Ala
bama railroad to tie Louisville and Nash
vile road.
When the bill of complaint was filed
Mr.. Gray had to give bond to pay such
damages as the respondent might sus-
tain from the wrongful bringing of the
injunction. The court fixed the amount
of this bond at $1,000 and Mr. Gray made
the bond through the United States FL
deity and Trust company.
The case was decided in the city court
of Montgomery in favor of Mr.. Gray,
and it was appealed by the Louisville
and Nashville to the supreme court, which
reversed the lower courts decision. con-
sequently making Mr. Gray liable for his
own injunction bond
Thus, according to the supreme court s
ruling, the injunction was wrongfully
brought hence the suit of the railroad
against Mr. Gray. The railroad company
sues for the costs incurred in the case,
which are said. to have actually run be-
tween $500 and $4,000. However, suit can
| not be brought for more than $1,000 since
the injunction bond was set at only that
| amount.
| The fight between the railroad and Mr..
| GRAY has attracted much attention from
| the beginning and its renewal Will be
| watched with considerable interest