Roberts v. Bright

The suit is to recover of defendant incidental fees assessed at the school of which he was a patron. Kennedy v. County Board of Education, 214 Ala. 349, 107 So. 907; Vincent v. County Board of Education of Talladega County (Ala. Sup.) 131 So. 893. As preliminary to a trial of the cause upon the merits, defendant sought to require plaintiff, the county board of education, to first be required to pay costs incident to another suit for like amount against this same defendant instituted by the trustees of school district No. 2, in which a nonsuit was taken; the motion of defendant being rested…