Stribling v. Bank of Kentucky
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Trid before Hon. J. Q. Smith. This was a real action in the nature of ejectment brought by the appellee, described in the complaint as “ the President, Directors and Company of the Bank of Kentucky,” against the appellant Stribling. The writ was returnable to the fall term, 1870, of the circuit court, and at that term the case was continued by consent.
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Appeal from the Circuit Court of Washington. Trid before Hon. J. Q. Smith. This was a real action in the nature of ejectment brought by the appellee, described in the complaint as “ the President, Directors and Company of the Bank of Kentucky,” against the appellant Stribling. The writ was returnable to the fall term, 1870, of the circuit court, and at that term the case was continued by consent. At the spring term, 1871, the defendant pleaded in short by consent “the general issue, with leave to give in any special matter,” and the plaintiff joined issue on the plea. Afterwards, when the…
1Opinion of the CourtB. F. Saffold, J.
The statute (Rev. Code, §§ 2802, 2804,) is imperative, that when a plaintiff, who is required to give security for the costs, commences a suit without doing so, it must be dismissed on the motion of the defendant. The bill of exceptions states, that the plaintiff deposited with the clerk of the court ten dollars for costs, which was considered by the clerk sufficient security for costs, and was receipted for on the complaint in the following words: “ Acknowledge--security for costs of this suit, — day of-, 18 — . Ten dollars left for costs. J. W. Gordy.” In Peavey v. Burket, (35 Ala. 141,) it…
2Cases cited4 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Peavey v. BurketSupreme Court of Alabama · 1859
- Guthrie v. QuinnSupreme Court of Alabama · 1869
3Cited by3 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Ex Parte TalleySupreme Court of Alabama · 1939
- State ex rel. Radcliff v. LautenSupreme Court of Alabama · 1952