Irby v. Commercial Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by Ray G. Irby against the Commercial National Bank. Decree sustaining demurrer to hill, and complainant appeals. The original bill was filed, by appellant, seeking the redemption of certain real estate described in the mortgage executed by the appellant to appellee on May 27, 1912, a copy of which mortgage is made an exhibit to the bill.
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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by Ray G. Irby against the Commercial National Bank. Decree sustaining demurrer to hill, and complainant appeals. The original bill was filed, by appellant, seeking the redemption of certain real estate described in the mortgage executed by the appellant to appellee on May 27, 1912, a copy of which mortgage is made an exhibit to the bill. The bill charged there was usurious interest in the mortgage debt, and sought its elimination, praying for a reference to the register for an accounting, etc., and offer on the part of…
1Opinion of the CourtGardner, J.
It is first insisted on the part of counsel for appellee that, notwithstanding our liberal statutes of amendment (Gen. Acts 1915, p. 706), the amendment offered by complainant in this cause does not come within its influence, in that it is not germane, and departs from the ease as made by the original bill, introducing a new cause of action and inconsistent therewith, citing Ward v. Patton, 75 Ala. 207.
It may be conceded that this insistence presents a serious question, but as this involves a matter of procedure and practice we prefer, under the circumstances here presented, to rest our…
2Cases cited11 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Harris v. MillerSupreme Court of Alabama · 1881
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Lewis v. HickmanSupreme Court of Alabama · 1917
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3Cited by7 opinions
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933
- Jones v. MeriwetherSupreme Court of Alabama · 1919
- Denson v. Provident Mut. Life Ins. Co.Supreme Court of Alabama · 1936
- Dicie v. MorrisSupreme Court of Alabama · 1970
- Alabama Cash Credit Corporation v. BartlettSupreme Court of Alabama · 1932
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