Heflin v. Rock Mills Manufacturing & Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. JOHN Hendebson. Action was commenced by John T. Heflin, appellant, against the Rock Mills Manufacturing and Lumber Company, appellees, for seven hundred and fifty dollars, alleged to be due the appellant for work and labor done and performed by bim for the appellees.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. JOHN Hendebson. Action was commenced by John T. Heflin, appellant, against the Rock Mills Manufacturing and Lumber Company, appellees, for seven hundred and fifty dollars, alleged to be due the appellant for work and labor done and performed by bim for the appellees. The defendants (appellees) not appearing or making defense to the complaint, judgment was rendered in plaintiff’s (appellant’s) favor for the amount claimed. The defendants (appellees) then filed a petition for a rehearing and supersedeas, under section 3161 of the…
1Opinion of the CourtStone, J.
1. It is very questionable if we did not, at an. early day, go too far in dismissing suits, for a failure to give security for costs. — See Ex parte Cole, 28 Ala. 50; Ex parte Robbins, 29 Ala. 71; Ex parte Morgan, 30 Ala. 51. We then determined to carry the principle no farther, and hence we held, if defendants appeared and pleaded, or otherwise entered into defense, without moving to dismiss for want of security for costs, this was a waiver of the objection, and an admission that the defendant was rightly in court.— Weeks v. Napier, 33 Ala. 568; Duncan v. Richardson, 34 Ala. 117; Thompson v.…
2Cases cited9 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Ex parte ColeSupreme Court of Alabama · 1856
- Ex parte MorganSupreme Court of Alabama · 1857
- Steamboat Empire v. Ala. Coal Mining Co.Supreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- Ex parte GilmerSupreme Court of Alabama · 1879
- O'Neal v. KellySupreme Court of Alabama · 1882
10 more not listed; retrieve them via the Exa API.