J.A. Roebling Sons Co. v. Stevens Elec. Light Co.

• Decision Date: 21 May 1891
• Citation: 9 So. 369,93 Ala. 39
• Parties: J. A. ROEBLING SONS CO. v. STEVENS ELECTRIC LIGHT CO.
• Court: Alabama Supreme Court

9 So. 369

93 Ala. 39

J. A. ROEBLING SONS CO. v. STEVENS ELECTRIC LIGHT CO.

Supreme Court of Alabama

May 21, 1891

Appeal from chancery court, Jefferson county; THOMAS COBBS Chancellor.

Wade & Vaughan, for appellant.

Hewitt, Walker & Porter, for appellee.

STONE C.J.

This is a bill by one corporation, Stevens Electric Company, against another, J. A. Roebling Sons Company. Its object was and is to obtain an injunction of a judgment at law. The bill avers that on July 9, 1890, the appellant corporation recovered a judgment against the appellee in the circuit court of Jefferson county for the sum of $813.50; that on September 23, 1890, the Stevens Electric Company took an appeal from said judgment to the November term, 1890, of this, the supreme, court, and executed an appeal-bond, which was approved by the clerk; that about December 10, 1890, there was an agreement between the parties that the electric company was, within 30 days, to pay said J. A. Roebling Sons Company $805 in full payment of said judgment and costs, and that the appeal was to be abandoned, and not further prosecuted that, pursuant that agreement, the appeal was abandoned, and, under orders from appellant's counsel, no transcript was sent up to this court; that, on the day when said payment was to be made, complainant was unable to meet it, "but did deliver to respondent, [J. A. Roebling Sons Company] collateral security to secure the payment of same, which was received by respondent, and has not been returned to orator by it;" that about January 29, 1891, without notice to the complainant, the Roebling Sons Company procured in this court an affirmance of said judgment on certificate, no transcript having been filed, and "that the respondent [J. A. Roebling Sons Company] threatens to cause to be issued an execution on said judgment as affirmed by the supreme court of Alabama, threatens the same to be levied on your orator's property, or has already done so." The time to file the transcript in the appeal to the supreme court was December 9, 1890, and the bill was filed February 10, 1891. There was a sworn answer filed, which, by its denials, makes a very different case from that averred in the bill. The chancellor overruled the motion to dissolve the injunction, and from that decretal order the present appeal is prosecuted. Strong reasons are urged why the injuncton should be dissolved on the denials in the answer, but we prefer to base our ruling on a different princple.

The sessions of this court begin on the first Tuesday in November of every year, and end on the last day of the next succeeding June. When the judgment of affirmance on certificate was rendered-January 29, 1891-five months of the present term remained. It is yet to continue for considerably more than a month. If there was a valid, binding agreement by which the appeal was to stand for nothing, and if the affirmance on certificate was a violation of that agreement, (we decide nothing on these questions,) then complainant had an...