Legal Opinion

Ex parte Robbins

Supreme Court of Alabama

Decided June 15, 1856PublishedCited by 24 opinions

APPLICATION for a mandamus to the Circuit Court of Cherokee, Hon. John E. Moore presiding, to compel the dismissal of a suit brought by Cunningham & Linton against Samuel W. Robbins.

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APPLICATION for a mandamus to the Circuit Court of Cherokee, Hon. John E. Moore presiding, to compel the dismissal of a suit brought by Cunningham & Linton against Samuel W. Robbins. The transcript of the proceedings in the primary court, which is made an exhibit to the application, shows, that the suit was commenced by original attachment; that the cause was continued at the return term of the writ; that the defendant moved the court, at the next succeeding term, to dismiss the suit on account of the plaintiffs’ failure to give security for the costs, and, in support of his motion, proved…

1Opinion of the CourtRice, C. J.

In the Ala. & Tenn. R. R. Co. v. Harris, 25 Ala. R. 232, it appeared that the appellant had issued a notice against the appellee, as a delinquent stockholder, under the act of 1847, (Pamph.! Acts, 1847-8, p. 268)-, that at the trial term of the notice and motion, the defendant therein moved to dismiss the proceeding, because security for the costs had not been given before the issue of the notice ; that the plaintiff at the same time moved to be allowed to give security at that time, and to let it be given and entered nunc pro tunc; that all these motions were heard together ; and that the…

2Cited by24 opinions

  1. Ex Parte JacksonSupreme Court of Alabama · 1925
  2. Wilson v. DuncanSupreme Court of Alabama · 1896
  3. First National Bank v. CheneySupreme Court of Alabama · 1897
  4. Ex Parte HartwellSupreme Court of Alabama · 1939
  5. Ex parte BradshawSupreme Court of Alabama · 1911

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