Miles v. Bank of Heflin

This litigation has already been before this court twice. InEx parte Miles (In re: Bank of Heflin v. Miles), 294 Ala. 462,318 So.2d 697 (1975) this court granted writ of mandamus directing that the stockholders-petitioners be allowed to examine and audit "all books and records" of the Bank. In the second case, Miles v. Bank of Heflin, 295 Ala. 286,328 So.2d 281 (1975), this court held that the trial court erred in granting the Bank's motion for summary judgment and dismissing the stockholders' counterclaim seeking the 10% statutory penalty provided for in Title 10, § 21 (46) Code.

Pursuant to…