The Birmingham age-herald., 1914-12-18
DECISIONS HANDED DOWN
 BY STATE SUPREME COURT

 In a decision handed down today the supreme court of Alabama dissolved a temporary injunction preventing the Bir- mingham Waterworks company from cut ting of the water supply at the home of T. c. Windham. thereby deciding the right of the waterworks company to force consumers to pay for water on a meter rate. The cause was brought by Windham in the Birmingham city court. where he secured a temporary injunction restraining the waterworks company from cutting off his water supply because he refused to pay on a meter rate rather than on a fiat rate.
 In ruling against him. the supreme court held that contract entered into between the Birmingham Waterworks company and the municipality of Graymont before it became a part of Greater Birmin. ham was legal. and that the corporation could charge late by meter.
 Mcclellan Writes Opinion
 The opinion in the case was written by Associate Justice Thomas c. Mcclellan, who said. in part:
 
 the Graymont ordinance contract, the right to install meters on any service pipe and to charge by measure for wa ter consumed and to collect meter rent under section 15 of the contract. the de- cretal order undertaking the restraint of the. company from the severing of the cornplainants water connection to his residence was laid in error and is re- versed and decree will be here entered dissolving, the temporary injunction for want of equity in the bill" The decision was concurred in by Chief Justice An derson and Associate Justices Sayre and Gardner
 While the decision of the court was being read by attorneys interested in the case, another case was being argued in the supreme court involving the right of the city of Birmingham to revoke the company's franchise. Romaine Boyd, city attorney of Birmingham, represented the city in the franchise case, and Walker Percy, general counsel for the Birming- ham Waterworks company. appeared for the defendant. This case was called when the Sixth division was before the court last month. but was postponed at the request of attorneys.
 Following are the decisions of the court:
 Anderson. c. J.-Ida Gay ct al vs. Birmingham, Montgomery and Gulf Power company, appeal from Talladega chancery court affirmed.
 George DeWyre vs state of Alabama. appeal from Jefferson criminal court affirmed.
 Alabama Great Southern Railroad company vs. H. c. Russey, appeal from Birmingham city court; affirmed
 Mutual Henderson, as administratrix, etc., vs Tennessee Coal, Iron and Rail road company. appeal from Jefferson circuit court; reversed and remanded.
 Mcclellan, J.--Birmingham Water works company vs. T. C. Windham, ap- peal from Birmingham city court; re- versed and rendered.
 Mayfield, J.-John MoArthur vs. George Brue ct al, appeal from Mobile circuit court; affirmed.
 G. Hardy Smith vs. Irvington Land company, appeal from Mobile chancery court; reversed and rendered.
 Mobile and Birmingham Railroad company ct al vs, Louisville and Nash vile railroad company, appeal from Mobile chancery court; reversed and rendered.
 w. T. Creagh vs. Harry Bass. appeal from Washington circuit court; af- irmed.
 Elk parte Seals Piano company, pe- tition for prohibition, etc, application denied.
 Mrs. l.. H. Thompson, adrilinistratrix etc, vs. Alexander City Cotton Mills company, appeal from Tallapoosa cir cult court; affirmed. D. M Carmichael ct al vs. Henry w Pond, administrator>a appeal from Coosa chancery court; affirmed. S. H. Woody vs. E. IT. Berry, appeal from Coosa circuit court; reversed and remanded.
 Butler -Kyser Manufacturing com pany vs. Veil Brothers, appeal from Coosa circuit court; affirmed. Alabama White Marble company vs Eureka White Markle quarries, appeal from Coosa circuit-rourt; affirmed Somerville, J.-J. J. Hauser vs. Foley & Co.,, appeal from Mobile chancery court; reversed and rendered. Scrapp Agee ct al vs. state of Ala bama, appeal from Chiffon circuit court; affirmed in part and in part reversed and remanded. State of Alabama ex rel city of Tus- kegee vs. court of county commission CTS of Macon ct al appeal from Macon circuit court; affirmed. Woodie S. Knight vs. Tombigbee Val ley Railroad company, appeal from 1 Washington circuit court; affirmed. deGraffenreid, J.-Samuel Zimmern vs Lucinda Williams, ct al., appeal iron Mobile chancery court; affirmed.
  vs. Naylor Lumber company, appeal iron 1 Mobile law and equity court; reversed and remanded
 James P. Pearce vs. Lissie Mills, ct al appeal from Marion circuit court; re versed and remanded. T. U. Randolph vs. R. F. Nubbert, ad ministrator, appeal from Fayette circui court; reversed and remanded. 1 Western Union Telegraph company vs Lucinda Appleton, appeal from Birming ham city court; reversed and remanded. J. E. Kyle vs. Wv Haley ct al. appeal from Marion chancery court; af firmed. | w. C. Hamilton vs. Ellie H. Robinson appeal from Jefferson chancery court: af | frmed.
 l M. G. Arnett vs. Pauline P. Willough | by, ct al, appeal from Jefferson chancery court; affirmed.
 Ignatius Pollalx vs. w. K. Milan. ap l peal from Cullman circuit court; af | frmed.
 William J. Johnson vs. Minnie Johnson