The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-08-07
UNIQUE CASE OUT OF
VIRGINIA DISASTER

Jesse Stallings. of the law firm OF
Stallings & Drennen, and democratic state
campaign manager, when asked what case
in the legal profession had interested him
most in the last year, said
THE case of w. r. Sells, as admins
traitor, VS.. Alabama Steel and Wire COM
pany has hid more interest to me than
any case In which I have been engaged
in the past IL months. This was one OF
the lawsuits that arose out of the mine
disaster at Virginia mines several years
ago, and the history of these cases is
rather novel. being of great interest not
only In this county. but among the legal
fraternity generally throughout the
United States.
I'm the above case a Judgment was
rendered in favor of the plaintiff and
against the Alabama Steel and Wire COM
pany for $4,000 at the time when there
were 10 other lawsuits pending against
the company on account of the death OF
its employees caused by the disaster. The
Alabama Steel and Wire company had
been consolidated into the Southern Stee
company and soon after the rendition OF
the judgment the Southern Steel company
filed a bill in the chancery court of Jef-
ferson county and obtained an injunction
temporarily against the further prosecu-
ton of all the lawsuits except the one
In which this judgment was rendered
This. temporary injunction was dissolved
and the bill dismissed when it came on
to be heard before the chancery court.
AN appeal was taken from this order
of the chancery court to the supreme
court of Alabama. and the supreme court
reversed the chancery court, holding thai
the bill contained equity, and should no
be dismissed, and renstated the in1unc
ton. When the case came back to the
81 I'm <loI
demurrer was filed in the 90 cases rep
resented by my firm to the bill as amend
ed The chancellor sustained the de
murrer and an appeal was prosecuted IL
the supreme court from this decree. ant
that appeal is now pending in the su
preme court
The Injunction, however, is still pend
ing against all of these lawsuits, excep
tn. one upon which judgment was rem
dered by the late Judge Coleman in ou
local circuit court and on account @
which Injunction was obtained and tn
case finally appealed.
"The supreme court recently affirme,
this Judgment and the money has beef
paid Pending the injunction agains
these suits the Southern Steel compan.
was adjudged bankrupt and ala of IT
property has been administered IN tina
court and a reorganization perfected II
| the name or the SOUTHERN lroi anu otee
| company So that now. even though tn
Injunction should be dissolved and tn
bill dismissed, and these suits prosecute
to Judgment 1t Is doubtful II Their
would be any property that could be sub
jected to their payment.
1.-THE opinion of the supreme court
| Alabama in reinstating said injunction at
tracted WIDE attention and created mucl
criticism, as it was the first time tina
such a doctrine had been held In Ala
bama. BY reason of it the 10 litigant
were deprived Of the right to have thei
cases tried by jury.
Judge Tyson was chief justice of tn
supreme court at the time the case wa
appealed, and his decision that there wa
multiplicity in the suit. and that 1t mus
be tried before the chancellor, was u
direct contradiction to the opinion rem
dered by Chief Justice Mcclellan. tn
noted Alabama jurist. In the famous MO
bile front case several years ago. IN
water front case was along the exact line
of our case, and had been appealed 1ror
the circuit courts to the chancery cour
on account of alleged multiplicity Judg
Mcclellan ruled that the case<
an equity and should be tried by jury be
fore the circuit court.
THE ruling of Chief Justice Tyson ere
ated a firore in legal circles Throughout
the country, and even in Europe, as
was a dangerous and serious infringement
on the right of trial by jury. Althoug
we secured our Judgment, and 1t wa
paid in due time, as Judge Coiema
J had rendered the verdict before the az
peal was made, yet the delay caused o