Martin v. Avery
Supreme Court of Alabama
Error to the Circuit Court of Perry. This was a motion by the defendant in error, against the plaintiff in error, as surety for the costs of a suit, prosecuted by one John Mosely against the defendant in error.
Read the full summary
Error to the Circuit Court of Perry. This was a motion by the defendant in error, against the plaintiff in error, as surety for the costs of a suit, prosecuted by one John Mosely against the defendant in error. The judgment entry is as follows: And upon the motion of the defendant aforesaid, for a judgment against the said Levi Martin, the security of the said John Mosely, for the costs of prosecuting this suit, it appearing in proof before the Court, that said Levi Martin had entered into an obligation to be security for said costs of suit. It is therefore considered by the Court, that said…
1Opinion of the CourtOrmond, J.
From the earliest period of this Court, it has been held that to sustain these summary judgments, it must appear affirmatively upon the record, that every fact was proved to exist, which is necessary to confer the jprisdiction upon the Court. That this rule is applicable to cases of this description, is shown by the case of Barton v. McKinney, 3 S. & P. 274.
The facts which would authorize the rendition of such a judgment as the present, are, the commencement of a suit by a nonresident — that the person sought to be charged became surety *431for the costs — that the suit has terminated — and…
2Cited by3 opinions
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Boswell v. MortonSupreme Court of Alabama · 1852
- Dunn v. BozarthNebraska Supreme Court · 1902