Thomasson v. Benson Hardware Co.

Section 6637, Code, provides that the circuit judge shall by order on the minutes designate the times for the equity sessions of the circuit court. Section 6638, Code, provides that the parties may by agreement with the consent of the judge set down equity causes on such day as they may select. Section 6639 requires the court to receive a submission when it is presented, and rule 74 that a submission may be made on demurrer in vacation by giving ten days' notice. Vacation is here held to include term time between the equity sessions. Spear v. V.-C. Chem. Corp., 223 Ala. 448, 136 So. 805.

The…