Alabama Fuel & Iron Co. v. Williams
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; Woodson J. Martin, Judge. Action by Mary Williams, as administra-trix de bonis non of the estate of Mike Harris, deceased, against the Alabama Fuel & Iron Company, for damages for the death of her intestate. Judgment for the plaintiff, and the defendant appeals. The suit was originally begun by Addie Haywood, as administratrix.
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Appeal from Circuit Court, St. Clair County; Woodson J. Martin, Judge. Action by Mary Williams, as administra-trix de bonis non of the estate of Mike Harris, deceased, against the Alabama Fuel & Iron Company, for damages for the death of her intestate. Judgment for the plaintiff, and the defendant appeals. The suit was originally begun by Addie Haywood, as administratrix. It appears from the exhibit that on trial of the cause with the original plaintiff, on the 20th day of September, the suit was dismissed for want of prosecution, and judgment entered against the plaintiff for the cost, and…
1Opinion of the CourtAnderson, C. J.
Regardless of the rule in equity the question seems settled in this state that in actions at law a defendant who is sued a second time upon the same cause of action by the same plaintiff, the plaintiff having been adjudged liable for cost of the first suit, may move to stay the proceedings in the second suit until the cost of the former is paid, and that the trial court has the power, and it is its duty, to require the payment of said cost within a reasonable time as a condition precedent to a further prosecution of the second suit, and to dismiss same for a noncompliance with said order.…
2Cases cited9 opinions
- Moffett v. StateSupreme Court of Alabama · 1973
- Whitmore v. Alabama Consolidated C. & I. Co.Supreme Court of Alabama · 1909
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Jordan v. JordanSupreme Court of Alabama · 1912
- Ex parte Alabama Fuel & Iron Co.Supreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Southern Life and Health Ins. Co. v. WhitmanSupreme Court of Alabama · 1978
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
26 more not listed; retrieve them via the Exa API.