Good v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by George S. Good, against W. W. Jones, and was commenced by attachment, sued out before a justice of the peace, on the áth' January, 1876. The plaintiff being a non-resident, security for the costs was given by a writing, indorsed on the attachment bond, and signed by W. W. Baker and J. K. Bayless, in these words: “We acknowledge ourselves plaintiff’s security for costs in…
Read the full summary
Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by George S. Good, against W. W. Jones, and was commenced by attachment, sued out before a justice of the peace, on the áth' January, 1876. The plaintiff being a non-resident, security for the costs was given by a writing, indorsed on the attachment bond, and signed by W. W. Baker and J. K. Bayless, in these words: “We acknowledge ourselves plaintiff’s security for costs in this case.” The attachment being made returnable to the Circuit Court, the defendant there moved to dismiss the suit, for…
1Opinion of the Court
BRICKELL, O. J.
The statute requiring security for the costs of suit, commenced by attachment in favor of a non*539resident or corporation, is satisfied, if tbe seeurityship is in writing, filed with, and forming part of the original papers of the suit. It may be an acknowledgment in proper form, on a separate paper, or it may be indorsed on either the writ, bond, or affidavit. It must be taken and approved by the officer issuing the attachment, either before, or cotemporaneous with the issue of the writ. — B. C. § 2937. The failure of the officer to enter in writing his approval of the…
2Cited by1 opinion
- Little v. State ex rel. HueySupreme Court of Alabama · 1902