Norwood v. L. & N. Railroad
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Louisville & Nashville Railroad Company against Willie Emma Norwood to enjoin proceedings under a judgment at law and for the grant of a new .trial. The facts are sufficiently stated in the opinion of the court . There was a decree for complainant and respondent appeals.
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Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Louisville & Nashville Railroad Company against Willie Emma Norwood to enjoin proceedings under a judgment at law and for the grant of a new .trial. The facts are sufficiently stated in the opinion of the court . There was a decree for complainant and respondent appeals. The judgment sought to be enjoined is confessedly valid. — State ex rel., etc. v. Spcahe, 38 South. 835. The proceedings in reference. to the motion for a new trial were void because made at a term of the court not authorized by law. — Walker v.…
1Opinion of the Court
SIMPSON, J. —
This case is a bill in chancery to en-
join proceedings under a judgment at law, and to grant a new trial of the case. The facts, in short, are that the appellant, as plaintiff in the suit at law, recovered a judgment against the appellee in the circuit court of Limestone county on January 20, 1904; the said court being presided over by Hon. Paul Speake, who became judge under the act known as the “Lusk Bill,” 'which lias been declared unconstitutional, but whose acts' as a de facto judge have been held to- be valid when the court was held at a time authorized by the previous law.…
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