Brown v. Ellison

BOULDIN, Justice.

When a suit is brought by a nonresident without giving security for costs as required by Code, § 7249, the defendant may invoke the jurisdiction of the court by motion to dismiss for want of security for costs, whereupon, the court may fix a time within which security for costs shall be given. If given in compliance with such order, the statute is complied with. The notion that plaintiff must either give security at the time of filing suit, or get an order in advance giving time for so doing, is not the law under our present statute. Daggett v. Boomer, 210 Ala. 673, 99 So.…