Hightower v. Coalson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by L. D. Hightower against L. D. Coalson to set aside a judgment on an alleged usurious note, to declare same invalid, and for an accounting, with an offer to do equity. From an order sustaining a demurrer to the bill, plaintiff appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by L. D. Hightower against L. D. Coalson to set aside a judgment on an alleged usurious note, to declare same invalid, and for an accounting, with an offer to do equity. From an order sustaining a demurrer to the bill, plaintiff appeals. The facts made by the bill are that complainant borro wed of defendant the sum of $11, and executed a paper due 30 days after date, for the sum of $13.20, $2.20 being for interest; and before the note Avas due complainant paid respondent the sum of $13.20 as interest upon said…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant against the appellee, seeking relief against a judgment on the ground that the judgment was rendered by confession under a poAver of attorney, which Avas em*149bodied in tlie note, authorizing judgment to be confessed by an attorney if the note was not paid at maturity. A demurrer to the Bill was sustained by the chancellor, and the question presented by the appeal is whether a court of equity can grant relief in such a case.
The general principle is that if a party has permitted a judgment to be taken against him, without interposing the defense of…
2Cases cited9 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Jones v. WatkinsSupreme Court of Alabama · 1827
- Kendig v. MarbleSupreme Court of Iowa · 1880
- Mallory v. MatlockSupreme Court of Alabama · 1846
- McCollum v. PrewittSupreme Court of Alabama · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Clay v. Peoples Finance & Thrift Co.Tennessee Supreme Court · 1930
- Jefferson County Savings Bank v. Interstate Savings BankAlabama Court of Appeals · 1912