Smith v. Litton

Campbell, C. J.,

deliyered the opinion of the court.

Plaintiff in error filed in the Circuit Court of Russell county his motion to set aside and annul a purported judgment confessed by the Dixie Splint Coal Company, Incorporated, in favor of Scott Litton, for the sum of $3 3,468.89.

It appears that Litton was the president and chief stockholder of the corporation, and P. H. Smith, trustee in the instant case, was secretary and treasurer of the corporation. Acting as' secretary and treasurer, Smith, on the 2nd day of June, 1933, confessed the judgment in question. No question is made as to the…