Ex parte Bush
Supreme Court of Alabama
MOTION for a mandamus' to the Circuit Court of Pickens, Hon. C. W. Bapier presiding, to compel the dismissal of a suit instituted by a non-resident without first giving security for the costs. The facts shown by the record, on which the application was based, are as follows : The suit was instituted by Stanhope S, Baine, for the use of Albert T. Henley, to recover wages due said Baine as overseer of defendant’s plantation.
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MOTION for a mandamus' to the Circuit Court of Pickens, Hon. C. W. Bapier presiding, to compel the dismissal of a suit instituted by a non-resident without first giving security for the costs. The facts shown by the record, on which the application was based, are as follows : The suit was instituted by Stanhope S, Baine, for the use of Albert T. Henley, to recover wages due said Baine as overseer of defendant’s plantation. At the appearance term, the defendant moved the court to dismiss the suit, on the ground that said Baine was a non-resident of this State, and had not given security for…
1Opinion of the CourtWalkeb, J.
Section 2396 of the Code does not authorize the dismissal of a suit, for want of security for costs, notwithstanding the nominal plaintiff may be a non-resident, where the summons and complaint show that the action is brought for the use of another, unless the latter be a non-resident of the State. — Lewis v. Lewis, 25 Ala. 816. It can make no difference, that the complaint shows a cause of action, for which sections 2129 and 2130 of the Code do not authorize suit in the name of him having the legal title, for the use of the beneficiary ; because, if the error as to the parties complaining is…
2Cited by3 opinions
- Taylor v. MortonSupreme Court of Alabama · 1933
- Eudora Mining & Development Co. v. BarclaySupreme Court of Alabama · 1898
- Ex parte JemisonSupreme Court of Alabama · 1858