Birmingham Trust & Savings Co. v. East Lake Land Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Siiarpe . The facts of the case are sufficiently stated in the opinion. (1.) The general rule of law is that, in regard to civil remedies, laws may be enacted which have a retroactive operation, but they are not to be construed to have that effect, unless it was manifestly the purpose of the legislature that they should.
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Siiarpe . The facts of the case are sufficiently stated in the opinion. (1.) The general rule of law is that, in regard to civil remedies, laws may be enacted which have a retroactive operation, but they are not to be construed to have that effect, unless it was manifestly the purpose of the legislature that they should. Smith v. Kolb, 58 Ala. 645; Barnes v. Mayor and Aider-men of Mobile, 19 Al'a. 707 ; Kidd v. Montague, 19 Ala. 624 ; Ex parte Buckley, 53 Ala. 54 ; Cooley’s Constitutional Lim., 460. (2.) The lien…
1Opinion of the CourtHaralson, J.
One of the original stockholders of appellee, transferred his stock to appellant, as collateral security for a debt owing to it, after the Code of 1886, —where § 1674 first appears — went into operation. The stockholder, at that time, owed the corporation whose stock he held, an indebtedness which was contracted, prior to the adoption of the Code, and the enactment of said section 1674. The appellant gave notice to appellee of this* transaction and demanded a transfer of said stock, on its books, to appellant, which appellee refused to make, claiming that it had a prior and superior lien on…
2Cases cited8 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- St. Louis Perpetual Insurance v. GoodfellowSupreme Court of Missouri · 1845
- Hoffman v. HoffmanSupreme Court of Alabama · 1855
- First National Bank v. Hartford Life & Annuity InsuranceSupreme Court of Connecticut · 1877
- Excelsior Manufacturing Co. v. KeyserMississippi Supreme Court · 1884
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3Cited by4 opinions
- Reynolds v. LoveSupreme Court of Alabama · 1915
- First Nat. Bank v. Huntsville Bank & Trust Co.Supreme Court of Alabama · 1925
- Sheppard v. StateSupreme Court of Alabama · 1911
- Ensley Mortgage & Loan Co. v. ChadwickSupreme Court of Alabama · 1931