Birmingham Sawmill Co. v. Southern Ry. Co.

The suit was originally brought on the equity docket, seeking inter pretation of the right of way deed to the Southern Railway Company.

It was held on ruling on demurrer that complainant had an adequate remedy at law; demurrer was sustained to the amended bill, and the cause was thereafter transferred to the law side of the'court, as was provided by law. Stover v. Hill, 208 Ala. 575, 94 South. 826, 828; Gen. Acts, 1915, p. 830. The fact that there was a decree upon demurrer— that complainant has an,adequate remedy at law — before the transfer was ordered, did not prevent an application of the…