Smith v. Dannelly

Petitioner here seeks to review that feature of the opinion of the Court of Appeals, 141 So. 568, which holds that appellant cannot secure a reversal of the judgment of the circuit court to the extent that it overruled appellant’s motion to require appellee to give security for the costs, because appellee recovered a judgment in that court. The motion is made upon the theory that appellee was a nonresident, and filed the suit without security, as provided by section 7249, Code, and recovered a judgment. The opinion of the Court of Appeals, based upon a statement to that effect in our ease of…