Johnson v. Southern Mutual Building & Loan Ass'n

Simmons, Chief Justice.

This was an action to recover usury alleged to have been paid by the plaintiff to the defendant. The defendant demurred to the petition and moved to dismiss it on the ground that the action was barred by the statute of limitations, it appearing from the petition that the usury sought to be recovered was paid more than one year before the suit was filed. The court sustained the demurrer and dismissed the action, and the plaintiff excepted.

The act of 1875 entitled “An act to regulate and restrict the rate of interest in this State, and for other purposes therein…