First National Bank v. Denson
Supreme Court of Alabama
Appeal from Gadsden City Court. The record does not' name-the presiding judge. William IT. Denson brought this suit against the First National Bank of Gadsden under section 5198 of the Revised Statutes of the United States, to recover back usurious interest paid by him to the bank on a loan of money to him.
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Appeal from Gadsden City Court. The record does not' name-the presiding judge. William IT. Denson brought this suit against the First National Bank of Gadsden under section 5198 of the Revised Statutes of the United States, to recover back usurious interest paid by him to the bank on a loan of money to him. The only point considered is the time at which a defendant may make demand for jury trial in the city court of Gadsden, and on that point the opinion states the necessary facts. — Waiver of the constitutional right of jury trial should not be predicated on doubtful implication. Steadham v.…
1Opinion of the CourtTyson, J.
— The act “to establish the city court of Gadsden” contains several provisions which materially differentiate it in respect to the question here involved, from the act “to establish the city court of Selma” as construed in Hunt v. Johnson, Parks & Co., 96 Ala. 130. The first provision we will advert to, is found in section 28, which provides that in all civil cases the city court of Gadsden “may sit [set] down any cases for hearing-on the pleadings alone and render judgment or judgments thereon, and from which judgment or ruling an appeal lies to the Supreme Court to be taken within thirty…
2Cases cited3 opinions
- Hunt v. Johnson, Parke & Co.Supreme Court of Alabama · 1892
- Knight v. Farrell & ReynoldsSupreme Court of Alabama · 1896
- Ex parte AnsleySupreme Court of Alabama · 1894
3Cited by1 opinion
- Scott v. BoydSupreme Court of Alabama · 1924