Peavey v. Burket
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by S. J. Peavey, a non-resident, against John Burket, and was founded on a promissory note. At the trial term, the defendant moved to dismiss the suit, on the ground that the plaintiff had not complied with the statute requiring non-residents, before commencing suit, to give security for the costs.
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Appeal from the Chancery Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by S. J. Peavey, a non-resident, against John Burket, and was founded on a promissory note. At the trial term, the defendant moved to dismiss the suit, on the ground that the plaintiff had not complied with the statute requiring non-residents, before commencing suit, to give security for the costs. On the trial of this motion, the plaintiff proved that, prior to the issue of the summons, an acknowledgment of liability for costs was endorsed on the complaint by a responsible person, in these…
1Opinion of the CourtStone, J.
In the eases of Ex parte, Robbins, 29 Ala. 71, and Exparte Camp, at the present term, we defined, to some extent, what will amount to an endorsement of security for costs on the complaint, or a lodgment of it with the clerk, as required by section 2396 of the Code. It is obvious that, to render such security effectual as a compliance with the statute, it must be given in good faith.
In Ex parte Morgan, 30 Ala. 51, I expressed the opinion, that when security for costs had been given before the commencement of the suit, “ although imperfect, it cannot be said that the plaintiff has failed to…
2Cases cited2 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Ex parte MorganSupreme Court of Alabama · 1857
3Cited by6 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Ex parte ShepherdSupreme Court of Alabama · 1911
- Ex Parte TalleySupreme Court of Alabama · 1939
- State ex rel. Radcliff v. LautenSupreme Court of Alabama · 1952
- Stribling v. Bank of KentuckySupreme Court of Alabama · 1872
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