
    Gulf & Ship Island Railroad Company v. J. R. Walker et al.
    [61 South. 458 — 60 South. 1014.]
    Injunction. Multiplicity of suits. Consolidation of suits. Solicitors’ fees. Appeal and error.
    
    The Supreme court, upon affirming a decree of a lower court dissolving an injunction, has the power to allow the appellee damages in the nature of a fee to his counsel for services rendered in that court.
    Appeal from the chancery court of Simpson county.
    Hon. R. E. Sheehy, Chancellor.
    Bill by the Gulf & Ship Island Railroad Company to enjoin the prosecution of several suits at law. The lower court sustained a demurrer to the bill and, on appeal, the decree was affirmed in 60 South. 1014. The decree of the lower court provided for a solicitor’s fee for defending the suit and the case now before this court is on motion of appellees for the allowance of a solicitor’s fee for services in the supreme court resisting the appeal of the railroad company.
    
      May & Sanders, attorneys for appellant.
    
      Hilton <3 Hilton, attorneys for appellees.
   Smith, C. J.,

delivered the opinion of the court.

This motion is remanded to the docket for argument, either oral or written, addressed to the following question: Has this court, upon’affirming a decree of a lower court dissolving an injunction, the power to allow appelle damages in the nature of a fee to his counsel for services rendered in this court?

Note. — The court remanded the case for hearing on this motion and upon the hearing sustained the motion and allowed the solicitor’s fee claimed. No written opinion was filed; the motion being sustained by the court from the bench.  