Southern Trust Company v. Cudd

The opinion of the Court was delivered by

Mr. Acting Associate Justice W. C. Cothran.

In the consideration of this case we are forcibly impressed with a statement made by the late Chief Justice Gary to the effect that the trial of cases by affidavits alone is always most unsatisfactory.

Here we have the suit brought by Southern Trust Company against J. J. Cudd asking judgment upon certain notes aggregating $2,834.65; the suit being commenced on January 16, 1932. The suit was framed as a creditor’s bill, being brought on behalf of the plaintiff and all other creditors of the defendant who may…