Garrett & Bibb v. Terry
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Bobert Dougherty. This was an application for a rehearing’, after final judgment at law, under section 2408 of the Code. The application was made by the defendants in the action, who also executed a statutory bond to supersede an execution which had been issued on the judgment.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Bobert Dougherty. This was an application for a rehearing’, after final judgment at law, under section 2408 of the Code. The application was made by the defendants in the action, who also executed a statutory bond to supersede an execution which had been issued on the judgment. The court dismissed the application, because it appeared that the petitioners, who were shown to be non-residents, had not given security for the costs of the proceeding; to which ruling of the court the petitioners excepted, and which they now assign…
1Opinion of the Court
STONE, J.—
If this proceeding be an action, within the meaning of section 2896 of the Code, our previous decisions require us to hold, that the bond given on suing out the supersedeas is not a security for the costs.—Ex parte Robbins, 29 Ala. 71; Shepherd v. Spriggs, 29 Ala. 673.
*515In Pratt & McKenzie v. Keils & Sylvester, 28 Ala. 390-97, we held, that the petition, in cases like the present, must be regarded as a new action. The “ filing of the petition ” was the commencement of the action; and the failure of the petitioners to give security for the costs, justified the court in dismissing the…
2Cases cited3 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Shepherd & Gordon v. SpriggsSupreme Court of Alabama · 1857
3Cited by6 opinions
- Bealmear v. BeesonMissouri Court of Appeals · 1953
- Ex Parte BlackburnSupreme Court of Alabama · 1920
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
- Ketchum v. DennisSupreme Court of Alabama · 1867
- Carroll v. VaughanSupreme Court of Alabama · 1872
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