Whitaker v. Sanford
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Before the Hon. J. D. Phelan. Motion by the defendant at the spring term, 1847, requiring the plaintiff, who was proved to be a non-resident of this State, to give security for the cost, which motion, upon sufficient showing to the circuit court was granted, and it was ordered by the court, at said term, that unless the plaintiff gave security in sixty days from the time of making the order, the said cause was to stand dismissed.
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Error to the Circuit Court of Autauga. Before the Hon. J. D. Phelan. Motion by the defendant at the spring term, 1847, requiring the plaintiff, who was proved to be a non-resident of this State, to give security for the cost, which motion, upon sufficient showing to the circuit court was granted, and it was ordered by the court, at said term, that unless the plaintiff gave security in sixty days from the time of making the order, the said cause was to stand dismissed. At the next succeding term, security for the cost not having been given, on motion of the defendant, the cause was dismissed…
1Opinion of the CourtChilton, J.
Several decisions have been made by this court, construing the statute upon which this motion is predicated. Dig. 316, <§> 26. In Lyons v. Long, 6 Ala. Rep. 103, it was held, that the object of the legislature in requiring security for cost to be given in sixty days, was to prevent surprise at the trial, and that it was allowable to give security any time at or before the trial. That if the defendant was taken by surprise, by the plaintiff’s giving the security, when the cause was called for trial, the court, upon being certified of the fact, would prevent any prejudice to him by giving him a…
2Cases cited2 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Lyons v. LongSupreme Court of Alabama · 1844
3Cited by3 opinions
- Ex parte BradshawSupreme Court of Alabama · 1911
- Taylor v. State ex rel. HandSupreme Court of Alabama · 1858
- Weir v. S. & J. T. ClarkAlabama Court of Appeals · 1912