Alabama & Tennessee River Railroad v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. A. B. Moore. The appellant issued a notice against the appellee, Warren Harris, as a delinquent stockholder, under the act of 1847 (Pamphlet Acts 1847-8, p. 268). At the trial term of the notice and motion, the defendant therein moved to dismiss the proceeding because security for the costs had not been given before the commencement of the suit; and the plaintiff also moved to be allowed to give security at that…
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Appeal from the Circuit Court of Benton. Tried before the Hon. A. B. Moore. The appellant issued a notice against the appellee, Warren Harris, as a delinquent stockholder, under the act of 1847 (Pamphlet Acts 1847-8, p. 268). At the trial term of the notice and motion, the defendant therein moved to dismiss the proceeding because security for the costs had not been given before the commencement of the suit; and the plaintiff also moved to be allowed to give security at that time, and to let it be given and entered nunc pro tunc. All these motions being heard together by consent, it was shown…
1Opinion of the Court
G-OLDTII WAITE, J.- —
By section 2398 of tbe Code, corporations were required, before commencing suits, to give security for tbe costs, to be lodged with the clerk; and on tbe failure so to do, it vas made tbe duty of tbe court, on motion of tbe defendant,-to dismiss the cause. Under tbe old law, non-residents were required to give security for tbe costs within sixty days after notice ; and we are aware, that under the construction placed upon that statute by this court, tbe requisition might be complied with at any time before tbe case was called for trial at the term succeeding the notice. —…
2Cases cited2 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Lyons v. LongSupreme Court of Alabama · 1844
3Cited by6 opinions
- Ex parte MorganSupreme Court of Alabama · 1857
- Ex Parte TalleySupreme Court of Alabama · 1939
- Engram v. ThomaSupreme Court of Alabama · 1924
- Lavange v. BurkeSupreme Court of Alabama · 1873
- Ex parte North-east & South-west Ala. RailroadSupreme Court of Alabama · 1861
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