Lewis v. Lewis
Supreme Court of Alabama
ERROR to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker, The bill of exceptions states that, at the Fall term, 1852, this case was regularly called for trial, and the plaintiff announced himself ready, when the defendant objected to proceeding with the trial, and moved to dismiss the suit, because the plaintiff had not given security for cost in pursuance of an order to that effect, founded on his non-residence and notice to his counsel that such…
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ERROR to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker, The bill of exceptions states that, at the Fall term, 1852, this case was regularly called for trial, and the plaintiff announced himself ready, when the defendant objected to proceeding with the trial, and moved to dismiss the suit, because the plaintiff had not given security for cost in pursuance of an order to that effect, founded on his non-residence and notice to his counsel that such security would be required. The plaintiff's counsel denied this ; whereupon the defendant produced the docket kept by the…
1Opinion of the Court
LIG-ON, J. —
Under the decision of this court in the case of Reid v. Brasher, 7 Porter 448, the court erred in entering the order requiring the plaintiff in the court below to give security for costs, nunc pro tunc. The entry on the judge’s docket of the previous term, failing to show the reason why the Order was made, would not justify its being entered nunc *317pro tunc at a subsequent term. The case cited from 7 Por. overrules the case of Miller v. Thompson, in 2 Stew. 470, in which a different decision was made. The practice, in respect to such orders, may be considered as settled by the case…
2Cases cited2 opinions
- Thompson v. MillerSupreme Court of Alabama · 1830
- Reid v. BrasherSupreme Court of Alabama · 1838
3Cited by5 opinions
- Williams v. McConicoSupreme Court of Alabama · 1860
- Ex parte GilmerSupreme Court of Alabama · 1879
- Taylor v. MortonSupreme Court of Alabama · 1933
- Womack v. SanfordSupreme Court of Alabama · 1861
- Kellog ex rel. Monroe v. BokeePennsylvania Court of Common Pleas · 1898