Russ v. Motor Finance Co.

Mrs. Marguerite Russ sued C. L. Mahaney, a loan broker doing business as Motor Finance Company, to recover penalties and reasonable attorney's fee authorized by statute for the collection of usurious interest. The defendant urged, and the court below sustained, an exception to plaintiff's petition (fifth amendment), and dismissed her suit, from which this appeal is prosecuted.

The exception, while special in form, is general in scope, and reads: "Because it affirmatively appears from paragraph 3 of said petition (i. e., Plaintiff's Fifth Amended Original Petition) that all of the matters and…