Reese v. Billing
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This cause was called for trial on the 9th day of the term, the plaintiff announced himself ready for trial, but the defendant insisted, that the cause was not pending in court, but had been disposed of by an order of the preceding term, which order is as follows, viz : “ This day came the parties by their attornies, and the plaintiff takes a non-suit; afterwards, on plaintiff’s motion, and on sufficient cause being shown, it…
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Writ of Error to the Circuit Court of Talladega. This cause was called for trial on the 9th day of the term, the plaintiff announced himself ready for trial, but the defendant insisted, that the cause was not pending in court, but had been disposed of by an order of the preceding term, which order is as follows, viz : “ This day came the parties by their attornies, and the plaintiff takes a non-suit; afterwards, on plaintiff’s motion, and on sufficient cause being shown, it is ordered by the court, that the non-suit so taken be set aside, if the plaintiff does by the next term of this court,…
1Opinion of the CourtCollier, C. J.
In Lyons v. Long, 6 Ala. Rep. 103, an order was made, requiring the plaintiff to give security for costs within sixty days, and in the event of a failure to do so, the suit stand dismissed. It was said that the object of the legislature, in requiring the costs to be secured within sixty days, was in all probability to prevent surprise at the trial, and it .was allowable to give security any time at or before the next calling of the cause. The defendant could not be prejudiced by this indulgence ; for if he had failed to prepare for trial, in consequence of the failure promptly to comply with…
2Cases cited1 opinion
- Lyons v. LongSupreme Court of Alabama · 1844
3Cited by14 opinions
- Ex parte LoweSupreme Court of Alabama · 1852
- Lide v. ParkSupreme Court of Alabama · 1902
- Edwards v. LewisSupreme Court of Alabama · 1850
- Walker v. HaleSupreme Court of Alabama · 1849
- Rhea v. TuckerSupreme Court of Alabama · 1876
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