Colley v. Atlanta Brewing & Ice Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. GwiN. Assumpsit by the Atlanta Brewing & Ice Company against John Colley. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals.
1Opinion of the CourtMayfield, J.
This action was on the common counts, claiming $400, the price of a car of beer. One count declared on a sworn account, as authorized by section 3970 of the Code. The plaintiff was a non-resident, and failed to give security for costs at the time, or before the filing of the complaint, as is provided for by section 3687 et seq. of the Code. The defendant made motion to require security for costs, which was subsequently, given “within the time directed by the court.” The action was commenced on December 10, 1914; the motion to require security for costs was filed December 14, 1914, but no…
2Cases cited4 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Ex parte JonesSupreme Court of Alabama · 1887
- Stephenson v. Jebeles & Colias Confectionery Co.Alabama Court of Appeals · 1914
- Fulton v. NorrisSupreme Court of Alabama · 1909
3Cited by4 opinions
- Davis v. HarrisSupreme Court of Alabama · 1924
- Alabama Power Co. v. ShawSupreme Court of Alabama · 1926
- Parker v. WhiteSupreme Court of Alabama · 1925
- Consumers' Roofing Co. v. LittlejohnSupreme Court of Alabama · 1933