Consumers' Roofing Co. v. Littlejohn

ANDERSON, Chief Justice.

Section 7249 of the Code of 1923 provides that: “All suits at law or in equity, commenced by or for the use of a nonresident of this state, must be dismissed on motion, if security for the costs, approved by the clerk or register, be not given by such nonresident when the suit is commenced, or within such time thereafter as the court may direct.”

It has been- repeatedly held by this court that, if the defendant appeared and pleaded, or otherwise entered into the defense, without moving to dismiss for want of security for costs, this was a waiver of the objection and an…