Ex parte Bradshaw
Supreme Court of Alabama
Original petition in the Supreme Court. Mandamus by Caldwell Bradshaw directed against Hon. C. C. Nesmith, judge of the city court of Birmingham, for a rule requiring such judge to dismiss a cause for want of security for costs as fixed by him. The only question is the power of the court to override the mandates of section ■'3687, Code 1907. There are several lines of decisions as to this matter.
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Original petition in the Supreme Court. Mandamus by Caldwell Bradshaw directed against Hon. C. C. Nesmith, judge of the city court of Birmingham, for a rule requiring such judge to dismiss a cause for want of security for costs as fixed by him. The only question is the power of the court to override the mandates of section ■'3687, Code 1907. There are several lines of decisions as to this matter. The first are under the statutes prior to 1852, where it is held that it was not mandatory upon the courts to dismiss on motion. — Lyons v. Long, 6 Ala. 103; Whittaker v. Sanford, 13 Ala. 522. The…
1Opinion of the CourtSomerville, J.
In the case of L. W. Phillips v. Caldwell Bradshaw, pending in the city court of Birmingham, the defendant filed his motion to- require the plaintiff, a non-resident, to give security for the costs of suit; and on December 24, 1910, the trial judge granted an order, duly entered on the motion docket, as follows : “December 24, 1910. Ordered that plaintiff give security for costs in above-styled cause within thirty days from this date or cause shall stand dismissed. C. C. Nesmith, Judge.” On January 23,1911 — the thirtieth-day of the period prescribed — plaintiff’s attorney appeared before the…
2Cases cited13 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Ex parte ColeSupreme Court of Alabama · 1856
- Rosson v. StateSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Davis v. HarrisSupreme Court of Alabama · 1924
- Jordan v. JordanSupreme Court of Alabama · 1912
- Taylor v. MortonSupreme Court of Alabama · 1933
- Evans v. State Ex Rel. SanfordSupreme Court of Alabama · 1926
13 more not listed; retrieve them via the Exa API.