Davis v. You
Supreme Court of Alabama
This was a motion by appellee to dismiss the appeal in this case, which was brought up from the probate court of Wilcox, on the ground that there has been no final judgment in the court below. The other facts of the case will be found in the opinion of the court.
1Opinion of the Court
Per Guriam.
Motion was made in the court below by appellants to dismiss this suit, because the appellee, administrator, &c., plaintiff in that court, and a non-resident, had not given security for the costs before the issue of the summons, as required by § 2802 of the Revised Code. The non-residence of the appellee was proved, but he resisted the motion, and claimed that he was not bound to give security for the costs, “ because he brought the suit as administrator of Bradley You, appointed by Wilcox probate court.”
The court overruled the motion, and the appellants excepted, and their bill of…
2Cited by3 opinions
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
- Ex parte Louisville & Nashville RailroadSupreme Court of Alabama · 1899
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881