Lowrey v. Southtrust Bank of Huntsville, N.A.

HOLMES, Judge.

This case presents a question concerning the sufficiency of the security for costs given for an appeal from the district court to the circuit court.

The plaintiff brought an action in detinue in the District Court of Madison County to recover an automobile purchased by the defendant at a sheriff's sale. The district court entered a judgment for the plaintiff, and the defendant appealed to the Madison County Circuit Court.

The plaintiff moved to dismiss the appeal on the ground that the defendant had failed to give legally sufficient security for costs of the appeal. The circuit…