Lyons v. Long
Supreme Court of Alabama
Eeuoh to the County Court of Talladega. At the trial term of the cause, it was dismissed by the court, because security had not been given for costs, the plaintiff objecting, that no notice had been given, and that he was then ready to give the security.
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Eeuoh to the County Court of Talladega. At the trial term of the cause, it was dismissed by the court, because security had not been given for costs, the plaintiff objecting, that no notice had been given, and that he was then ready to give the security. The only evidence that notice had been given, that security for the costs was demanded, was an entry on the docket of the Judge at the previous term, as follows: “Plaintiff required to give security in sixty days, or cause abates. This the court considered sufficient, and dismissed the cause. This is now assigned for error. cited Clay’s Dig.…
1Opinion of the CourtOrmond, J.
We do not think it necessary to enter on the consideration of the question, whether as the memorandum found upon the docket of the Judge did not state that the plaintiff was shown to be a iron-resident, the court had power to dismiss the cause; because we are satisfied, that upon a just construction of the statute, the security offered at the trial should have been received.
The object of the Legislature was, doubtless, to secure our own citizens, and the officers of court against the prosecution of groundless or doubtful claims by, or in the name of persons living beyond the limits of the…
2Cited by8 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Taylor v. State ex rel. HandSupreme Court of Alabama · 1858
- Alabama & Tennessee River Railroad v. HarrisSupreme Court of Alabama · 1854
- Walton Whaun & Co. v. AtkinsonSupreme Court of Alabama · 1887
- Whitaker v. SanfordSupreme Court of Alabama · 1848
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