The Birmingham age-herald., 1915-10-23

written motion filed in the cause
 which shall state the substance of the
 equitable right and be verified by the
 affidavit of some person having knowi-
 edge of the facts, and the legal suf-
 ficiency of such motion may be tested
 by demurrer and the facts alleged
 therein may be controverted by affi-
 davit. If it satisfactorily appears to
 the judge hearing the same that such
 motion and proof sufficiently assert and
 show an equitable question or right,
 the decision of which should dispose
 of the cause and which cannot be dis
 posed of in the law side Of the court
 he shall so state in his judgment or de-
 cree and shall direct therein that the
 cause be transferred from the law side
 of the court to the equity side of the
 court and the same shall thereupon be
 docketed and proceed in the equity side
 of the court. If an equitable question,
 the decision of which should dispose of
 the cause and which cannot be disposed
 of in the law side of the court, depends
 upon the assertion of an equitable right
 defense by party who Is defendant
 or an intervening claimant in such suit
 a law, such party may assert such right
 or defense by written motion nled in
 the cause, which shall state the sub
 stance of the equitable right or de-
 fense and be verified by the affidavit
 of some person having knowledge of
 the facts, and the legal suffic1ency or
 such motion may be tested by demurrer
 and the facts therein may be contro-
 verted by affidavit. If it satisfactorily
 appears to the judge hearing the same
 that such motion and proof sufficiently
 assert and show an equitable right or
 defense, the decision of which should
 dispose of the cause and which cannot
 be disposed of In the law side or the
 court he shall so state in his Judgment
 or decree and shall direct therein that
 the cause be transferred from the law
 side of the court to the equity side
 of the court and the same shall there
 upon be docketed and proceed in the
 equity side of the court. Within thirty days after any such cause has been so
 transferred the plaintiff or complainant
 shall make such amendments to the pleadings as may be necessary to con
 form to the appropriate pleadings in
 equity court, or failing so to do with
 in thirty days, the cause may be dis missed. in the discretion of the court;
 and the defendant in any such cause so transferred shall within thirty days after such amendment is filed, plead. an swer or demur thereto as required by law or be in default. And on an appeal from the final judgment or decree in the cause error may be assigned on the Judgment or order of the court trans ferring the cause by the party az grieyed thereby. The failure Of any party to move or apply for trans fer of any cause as provided for in this act shall not be res adjudicata of any right of defense which could have been set up in any such motion or applica- tion.
 Sec 2. Whenever any cause on the motion or application of any party thereto is transferred as provided for by this act, and the party moving for such transfer fails to establish or main- | tain the question. right or defense as- serted by him and the cause cannot then be finally disposed of in the side | of the court to which the same was transferred, the judge hearing the cause | shall so state in his judgment or de- cree but shall not dismiss the cause l and shall direct in such judgment or de- 1 cree that the cause be retransferred to | the side of the court in which the same was originally filed and shall tax all the | costs then accrued against the party l who moved or applied for transfer of the cause and failed to establish or 1 maintain the question, right or defence l a sserted by him. When any cause is so it shall thereupon be docketed in the side of the court in l which originally filed and proceed to final Judgment or decree therein, ana on an appeal from the final judgment 1 or decree in the cause error may be as- signed by the party aggrieved on the or decree of the court re- the cause to the side Of the |, court in which the same was originally 1 filed.
 Sec A. Whenever 1t shall appear to 1 any court of law or equity that any | cause filed therein should have been brought in another court of like Juris- l diction in the same county, the court | shall make an order transferring the | cause to the proper court and the clerk or register shall forthwith certify | the pleadings, process, costs and order | to the court to which the cause is trans | ferred, and the cause shall be docketed and proceed in the court to which it Is transferred, and the costs accrued Tn the court in which the cause was | originally filed shall abide by the result of the suit in the court toswhich trans- | ferred. 1
 Approved September 2S, 1915. Official
 JOHN PURIFOY,
 Secretary of State. l