Legal Opinion

Ex parte Banks

Supreme Court of Alabama

Decided December 18, 1913PublishedCited by 21 opinions

Certiorari to Court of Appeals. The Phillips-Neely Mercantile Company sued T. C. Banks in assumpsit, and there was judgment for defendant Banks, whereupon an appeal ivas taken to the Court of Appeals, and the judgment of the city court was reversed and the cause remanded. (See 8 Ala. App. 549, 63 South. 31.) Appellee Banks brings certiorari to review the judgment and decision of the Court of Appeals.

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Certiorari to Court of Appeals. The Phillips-Neely Mercantile Company sued T. C. Banks in assumpsit, and there was judgment for defendant Banks, whereupon an appeal ivas taken to the Court of Appeals, and the judgment of the city court was reversed and the cause remanded. (See 8 Ala. App. 549, 63 South. 31.) Appellee Banks brings certiorari to review the judgment and decision of the Court of Appeals. In the case of Prestwood v. Carlton, 162 Ala. 242, the court suggests the true explanation of the apparent conflict in the authorities as to whether a contract violative of the statute of frauds…

1Opinion of the Court

de GRAFFENRIED, J.

In the case of Flmn v. Barber, 64 Ala. 193, this court held that contracts violative of the provisions of our present statute of frauds are void. On that subject this court in that case, speaking through Brickell, C. J., said: “Such agreements are not void as immoral or evil in themselves, but they are void because offensive to the policy the statute establishes. Being void, they are nullities; and, so long as merely executory, it is difficult to conceive of any purpose for which they can be used. The contract, when the statute is violated, cannot be enforced. It is void,…

2Cases cited5 opinions

  1. Prestwood v. CarltonSupreme Court of Alabama · 1909
  2. Flinn v. BarberSupreme Court of Alabama · 1879
  3. Strouse v. EltingSupreme Court of Alabama · 1895
  4. Bain v. WellsSupreme Court of Alabama · 1894
  5. Bain v. McDonaldSupreme Court of Alabama · 1895

3Cited by21 opinions

  1. Lightsey v. StoneSupreme Court of Alabama · 1951
  2. Marx v. LiningSupreme Court of Alabama · 1935
  3. Ringler v. RubyOregon Supreme Court · 1926
  4. Sloss v. GlazeSupreme Court of Alabama · 1935
  5. Spruiell v. STANDFORDSupreme Court of Alabama · 1952

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