Legal Opinion

Choate v. Canada Life Assur. Co.

Supreme Court of Alabama

Decided January 26, 1928No. 6 Div. 40PublishedCited by 6 opinions

1Opinion of the CourtAnderson, C. J.

Section’ 7222, which is new to the Code of 1923, reads as follows:

“Whenever a suit has been dismissed or non-suit taken, or when there has been one judgment in favor of the defendant in an action of ejectment, at the time of the filing of another suit, involving the same claim, cause of action or land, between- the same parties or then-privies, the party filing the new suit must also pay into court all costs incurred in the former suit, and, upon his failure to do so, the judge, upon motion of the defendant or any other party in interest shall dismiss said action; but upon good cause shown,…

2Cases cited5 opinions

  1. Sylvester v. OlsonWashington Supreme Court · 1911
  2. Hubbard v. YocumWest Virginia Supreme Court · 1888
  3. Jaques v. ChandlerSupreme Court of New Hampshire · 1905
  4. Home Sewing Machine Co. v. FlodingWest Virginia Supreme Court · 1886
  5. Christensen v. AndersonCourt of Appeals of Texas · 1900

3Cited by6 opinions

  1. Griffin v. BozemanSupreme Court of Alabama · 1937
  2. Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
  3. Hillhouse v. HillhouseSupreme Court of Alabama · 1930
  4. National Life Accident Ins. Co. v. CummingsAlabama Court of Appeals · 1935
  5. Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932

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