Peebles v. Bank of Pollard
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill iu equity by the Bank of Pollard against Alice L. Peebles and another. Decree for complainant, and respondents appfeal.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill iu equity by the Bank of Pollard against Alice L. Peebles and another. Decree for complainant, and respondents appfeal. Complainant brought an action at law on a promissory note against respondents, and respondents filed their motion under General Acts 1916, p. 830, setting up the existence of alleged equitable 'defenses and the necessity for an account in equity to determine the amount due on the note, and the trial judge, overruling complainant’s demurrer thereto, made a decretal order, transferring the cause to the…
1Opinion of the CourtSomerville, J.
The act approved September 28, 1915 (Gen. Acts 1915, pp. 830-832), provides, among other things:
“If an equitable question, the decision of which should dispose of the cause and which cannot be disposed of in the law side of the court, depends upon the assertion of an equitable right or defense by a party who is defendant or an intervening' claimant in such suit at law, such party may assert such right or defense by a written motion filed in the cause, which shall state the substance of the .equitable right or defense. * * * ”
Provision is then made for the transfer of the cause to the equity…
2Cited by7 opinions
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