Legal Opinion

Clio Banking Co. v. Brock

Supreme Court of Alabama

Decided February 5, 1920No. 4 Div. 821PublishedCited by 7 opinions

Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by C. J. Brock and another against the Clio Banking Company and others to reopen a settlement and purge the account of usury. From a decree for complainants the respondent bank appeals.

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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by C. J. Brock and another against the Clio Banking Company and others to reopen a settlement and purge the account of usury. From a decree for complainants the respondent bank appeals. The attorney’s fee was fixed by the agreement of counsel, and was; binding. 97 Ala. 505, 11 South. 836. The accounts were novated, and closed up in a bona fide manner, and cannot be now opened to be purged of usury. 200 Ala. 129, 75 South. 577. Counsel discuss other assignments .of error, but without further citation of authority. On the…

1Opinion of the CourtSomerville, J.

The final decree in this'cause recites that it “was submitted by agreement of the parties in vacation,” apparently, on November 23, 1917. The decree was rendered at chambers on February 19, 1918, and filed on the same day.

[1] Under our present judicial system, as established in 1915, circuit courts are empowered to receive submissions of causes, whether in law or in equity, and to render judgments and decrees therein, at any time between the first Monday in January' and the last Saturday in June, and between the first Monday after July 4th and Christmas Lay. Acts 1915, pp. 707, 708; Carson v.…

2Cases cited3 opinions

  1. Carson v. SleighSupreme Court of Alabama · 1917
  2. Blue v. First Nat. BankSupreme Court of Alabama · 1917
  3. Jefferson v. SadlerSupreme Court of Alabama · 1908

3Cited by7 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
  3. Riley v. StateSupreme Court of Alabama · 1923
  4. Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
  5. Lewis v. MartinSupreme Court of Alabama · 1923

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