Daggett v. Boomer

The trial court had a discretionary power to prescribe the time within which the nonresident contestant should give security for cost, and ah equally discretionary power to extend the time. Ex parte Jones, 83 Ala. 587, 3 South. 811. The contestant did not give the security within the time fixed, but did do so on the next day, and which was, -in effect, accepted by the trial court by going on with the case. The case was still in fieri, as the order requiring the security for cost or that the case stand dismissed upon a default, was not a judgment of dismissal, and, in order for the case to…