Tatum v. Toledo Scale Co.

TALIAFERRO, Judge.

The sole question tendered by this appeal is whether the judgment defendant seeks to execute against plaintiff is invalid because of the alleged premature and “irregular” taking of preliminary default.

In the original suit wherein defendant sued plaintiff to recover a money judgment, prior to judgment by default, defendant therein (plaintiff here) filed a motion to require plaintiff to furnish bond for court costs. This motion is predicated upon Act No. Ill of 1926. It does not appear that the costs sought to be made secure by the bond were of that character which the Supreme…