Thompson v. Miller
Supreme Court of Alabama
This was an action commenced before a justice of the peace of Lauderdale county, by Thompson against Miller, in which the plaintiff recovered judgment. Miller appealed to the County Court. At the June term, 1828, this entry appears: “continued, and motion to rule plaintiff to security for costs.” At December term, 1828, the defendant moved the Court to dismiss the suit, at the costs of the plaintiff, because he was a non-resident, and no security for costs had been given.
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This was an action commenced before a justice of the peace of Lauderdale county, by Thompson against Miller, in which the plaintiff recovered judgment. Miller appealed to the County Court. At the June term, 1828, this entry appears: “continued, and motion to rule plaintiff to security for costs.” At December term, 1828, the defendant moved the Court to dismiss the suit, at the costs of the plaintiff, because he was a non-resident, and no security for costs had been given. This being resisted, the plaintiff proved by oral evidence, that, at the previous term of the Court, a motion had been…
1Opinion of the Court
By JUDGE SAFFOLD.
It appears by the record as entered at the first term, only that the motion was made; no disposition ot it appears. It does not appear that the Court required the security, that proof of the non-residence was made, or that the plaintiff or his attorney was in Court, or had any notice of the requisition; but an order for the dismissal was entered nunc pro tunc, on oral proof. The statute providesa that all suits commenced by non-residents, at any time during such non-residence, shall be dismissed, unless security be given to the clerk within sixty days after notice shall have…
2Cited by16 opinions
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- Ex parte GilmerSupreme Court of Alabama · 1879
- Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
- Metcalf v. MetcalfSupreme Court of Alabama · 1851
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
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