Judges: PER CURIAM. —
Attorneys: E. M. Knight, Attorney for Plaintiff in Error;
Johnson, Bosarge Allen, and Carroll D. Judson, Attorneys for Defendant in Error.
Filed: Feb. 24, 1932
Latest Update: Mar. 02, 2020
Summary: Defendant in Error as complainant below brought suit upon a promissory note against plaintiff in error as defendant below. After a demurrer to the declaration was overruled defendant Mrs. S. L. A. Clonts, widow, filed two pleas, in the first of which she denies that plaintiff had become obligated to pay reasonable attorney fees for its services; and in the second plea denies that ten per cent of the debt would be a reasonable attorney's fee. The pleas contained no denial of the obligation eviden
Summary: Defendant in Error as complainant below brought suit upon a promissory note against plaintiff in error as defendant below. After a demurrer to the declaration was overruled defendant Mrs. S. L. A. Clonts, widow, filed two pleas, in the first of which she denies that plaintiff had become obligated to pay reasonable attorney fees for its services; and in the second plea denies that ten per cent of the debt would be a reasonable attorney's fee. The pleas contained no denial of the obligation evidenc..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below be, and the same is hereby, affirmed upon the lower court issuing an order of remittitur on the final judgment to the extent of the amount of the judgment nil dicit, with interest, as of the date of the entry of the judgment based upon a verdict rendered by the jury.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL AND DAVIS, J.J., concur.
BROWN, J., not participating.
