Drennen Motor Car Co. v. Evans
Supreme Court of Alabama
Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Action by Ben S. Evans against the Drennen Motor Car Company to recover the penalty for failure to enter satisfaction of a mortgage upon the record. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under the act creating such court.
1Opinion of the CourtThomas, J.
The question of jurisdiction presented by this appeal is whether a suit should be brought for a statutory penalty under section 4898 of the Code of 1907, against the defendant corporation, in Hale county, where the mortgage was recorded, or in Jefferson county, appellant’s place of business.(1) By the terms of the act the failure for two months after written request, to enter satisfaction on the margin of the record of the mortgage forfeits to the party making the request $200 unless there is pending a suit in which the fact of satisfaction is contested. The statute contains the following…
2Cases cited25 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Stebbins v. DuncanSupreme Court of the United States · 1883
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
20 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex Parte GaunttSupreme Court of Alabama · 1996
- Foshee v. GENERAL TELEPHONE COMPANY OF SOUTHEASTSupreme Court of Alabama · 1975
- Associated Grocers of Alabama v. Graves Co.Supreme Court of Alabama · 1961
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Southern Railway Co. v. JordanSupreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.