Legal Opinion

Ex parte Bottoms

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 5 opinions

This was an application to this court by the petitioner, Burrell Bottoms, for a mandamus or other appropriate writ to compel the circuit court of Barbour, Hon. J. McCaleb Wiley, judge presiding, to grant a motion made in that court and overruled, to quash the attachment issued in the cause of Bussell v. Bottoms, and to strike the cause from the docket, on the ground that the action had been discontinued, and because the affidavit for attachment did not disclose any cause of…

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This was an application to this court by the petitioner, Burrell Bottoms, for a mandamus or other appropriate writ to compel the circuit court of Barbour, Hon. J. McCaleb Wiley, judge presiding, to grant a motion made in that court and overruled, to quash the attachment issued in the cause of Bussell v. Bottoms, and to strike the cause from the docket, on the ground that the action had been discontinued, and because the affidavit for attachment did not disclose any cause of action for which an attachment could lawfully 'issue. From the bill of exceptions it appears that Russell made two…

1Opinion of the Court

PECK, O. J.

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In the case of Ex Parte Robins, 29th Ala. 71, it is decided that a suit commenced by attachment, by a non-resident, is within the statute, Revised Code, § 2802, which requires security for the costs to “be endorsed on the complaint, or lodged with the clerk, previous to the issue of the summons,” — and the same case decides that, “if the circuit court refuses, on motion, to dismiss a suit brought by a non-resident, without first giving security for the costs, mandamus lies to compel its dismissal.”

We apprehend that decision would not have been made if the statute had not declared,…

2Cases cited1 opinion

  1. Ex parte KoonCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by5 opinions

  1. State v. CobbSupreme Court of Alabama · 1972
  2. Ex parte HendreeSupreme Court of Alabama · 1873
  3. Townley v. BurginAlabama Court of Appeals · 1915
  4. Russell v. GregorySupreme Court of Alabama · 1878
  5. State v. CobbSupreme Court of Alabama · 1972

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