Ex Parte Winn

GARDNER, Justice.

This petition for mandamus is based upon the theory that a nonresident contestant of a will offered for probate in the courts of this state cannot be required to give security for the costs, and that the provision of our statute (section 7249, Code 1923) for such security in “all suits at law or in equity, commenced by or for the use of a nonresident of this state,” has no application to this character of litigation. But the case of Rainer v. McElroy, 20 Ala. 347, is conclusive against petitioner’s contention.

It is insisted, however, what was there said is dictum, but it…