Yates v. SEARS, ROEBUCK AND COMPANY

ORDER

VARNER, District Judge.

This cause is submitted for final decree on the pleadings and stipulation of all parties.

Plaintiff brought a § 1983 class action alleging denial of due process on the theory that Title 7, § 918 is facially unconstitutional. Title 7, § 918 of the Code of Alabama is as follows:

“When a suit is brought for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney, make affidavit that the property sued for belongs to the plaintiff, and execute a bond in such sum, and with such surety as may be approved by the clerk, with condition that if the…