Jacott v. Hobson
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. insisted, that the statutes requiring a non-resident plaintiff to give security for the costs of suit, did not apply to the plaintiff in execution in a proceeding under the statute for the trial of the right of property; that such a proceeding is neither a suit at law, or in equity, but intended to render unnecessary a resort to an action.
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Error to the Circuit Court of Tuscaloosa. insisted, that the statutes requiring a non-resident plaintiff to give security for the costs of suit, did not apply to the plaintiff in execution in a proceeding under the statute for the trial of the right of property; that such a proceeding is neither a suit at law, or in equity, but intended to render unnecessary a resort to an action. A person whose property has been seized under a fieri facias against the goods and chattels of another, may maintain detinue, trover, or trespass, according to circumstances ; then he becomes an actor, and cannot…
1Opinion of the CourtCollier, C. J.
The several acts of 1807, provide that the defendant, in “ every action at common law, or suit in chancery,” may require security for costs to be given by a non-resident plaintiff, within sixty days after notice, &c. Further, that an attorney suing out process in the name of such plaintiff may be required to give the security; and if in either case, the requisition is not complied with, the suit shall be dismissed. [Clay’s Dig. 316-17, §26, 27.] By the act of 1811, it is provided, that if a plaintiff remove out of this State, after the institution of the suit, he may be required to give…
2Cases cited2 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Thompson v. MillerSupreme Court of Alabama · 1830
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