Ex parte Jones
Supreme Court of Alabama
Application by petition, verified by affidavit, on tbe part of DeKalb Jones, for a rule nisi to the Circuit Court of Lee county, Hon. J. M.' Carmichael presiding, to show cause why a peremptory mandamus should not be issued' by this court, requiring the dismissal of a suit instituted in said Circuit Court by Wood & Boberts against the petitioner, on account of the failure of the plaintiffs, who were non-residents, to give security for the costs, as prescribed and required by…
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Application by petition, verified by affidavit, on tbe part of DeKalb Jones, for a rule nisi to the Circuit Court of Lee county, Hon. J. M.' Carmichael presiding, to show cause why a peremptory mandamus should not be issued' by this court, requiring the dismissal of a suit instituted in said Circuit Court by Wood & Boberts against the petitioner, on account of the failure of the plaintiffs, who were non-residents, to give security for the costs, as prescribed and required by a former order in the cause. ‘
1Opinion of the CourtSomebyille, J.
— The application is for a rule nisi against the judge of the third judicial circuit,-to show cause why a mandamus should not issue to compel the dismissal of a pending suit for failure of a non-resident plaintiff to give security for costs by the first day of the term.
We do not decide whether the petitioner would, or would not, have an adequate remedy by appeal, taken from the final judgment of the Circuit Court, on exception properly reserved, such as ordinarily precludes a resort to the remedy by mandamus j but will concede for the purpose of this case, that the appropriate remedy for…
2Cited by8 opinions
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Davis v. HarrisSupreme Court of Alabama · 1924
- Ex parte BradshawSupreme Court of Alabama · 1911
- Daggett v. BoomerSupreme Court of Alabama · 1924
- Parker v. WhiteSupreme Court of Alabama · 1925
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