Legal Opinion

Birmingham Trust & Savings Co. v. Joseph

Supreme Court of Alabama

Decided June 3, 1937No. 6 Div. 110PublishedCited by 4 opinions

1Opinion of the Court

GARDNER, Justice.

The suit is by appellant against appellee on promissory notes.'

The sufficiency of plea 7 (appearing in the report of the case) as against demurrers interposed thereto is the only question presented.

The pleader, it is to be observed, seeks to invoke the provisions of what is known as the Deficiency Judgment Act, approved June 24, 1935 (Gen.Acts 1935, p. 184), but no reference is made to any matter of emergency nor to the date of mortgage foreclosure. Appropriate assignments of demurrer take the point.

The above-noted act is emergency legislation, so expressly indicated by the…

2Cases cited13 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Block v. HirshSupreme Court of the United States · 1921
  3. Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
  4. Chas. Wolff Packing Co. v. Court of Industrial RelationsSupreme Court of the United States · 1923
  5. Chastleton Corp. v. SinclairSupreme Court of the United States · 1924

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. First Nat. Bank of Birmingham v. JaffeSupreme Court of Alabama · 1940
  2. Taylor v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1939
  3. Alabama Mortgage & Securities Corp. v. ChinerySupreme Court of Alabama · 1939
  4. Robertson v. LytleSupreme Court of Alabama · 1938

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