Ex parte Cole
Supreme Court of Alabama
APPLICATION for a mandamus to the circuit court of Bibb county, Hon. G-co. D. Short-ridge presiding, to compel the dismissal of a certain suit pending in said court, wherein Cicero D. R. Woodruff is plaintiff, and Jared Cole is defendant. The grounds of the application are stated in a bill of exceptions, which is embodied in a transcript of the proceedings had in said cause at the October term, 1855, and made part of the petition.
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APPLICATION for a mandamus to the circuit court of Bibb county, Hon. G-co. D. Short-ridge presiding, to compel the dismissal of a certain suit pending in said court, wherein Cicero D. R. Woodruff is plaintiff, and Jared Cole is defendant. The grounds of the application are stated in a bill of exceptions, which is embodied in a transcript of the proceedings had in said cause at the October term, 1855, and made part of the petition. The bill of exceptions states, that when the cause was peremptorily called for trial, “ the- defendant moved the court to dismiss the suit, on the ground that the…
1Opinion of the CourtRice, C. J.
Where an action has been commenced in the circuit court, by or for the use of a non-resident, and security for the costs has not been endorsed on the complaint, nor lodged with thAclerlc, previous to the issue of the summons, the defendant has the right to have it dismissed by that court *52on motion. — Code, § 2396 ; Ala. & Tenn. R. R. Co. v. Harris, 25 Ala. R. 232.
When that right is withheld by the refusal of that court to dismiss the action, and no final judgment has been rendered in it, this court may, by mandamus, compel that court to dismiss the action. In such case, mandamus is the only…
2Cases cited1 opinion
- Ex parte JonesSupreme Court of Alabama · 1840
3Cited by14 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Ex parte BradshawSupreme Court of Alabama · 1911
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
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