Brown v. Brown
Supreme Court of Alabama
Appeal from tbe Chancery Court of Tallapoosa. Heard before the Hon. S. K. MoSpadden. cited, Daniel’s Chancery Practice, 796 ; Pickett v. Loggan, 5 Yes. 706 ; Alltree v. Hordern, 5 Beav. 623; Ljantour v. Holcombe, 10 ib. 256; Spiers v. Seiuell, 5 Sem. 193 ; Simpson v. Brewster, 9 Paige, 245 ; Princess of Wales v. Lord Liverpool, 3 Swanst. 167; Ernest v. Govett, 2 N. R., 486.
1Opinion of the CourtClopton, J.
— When a complainant brings a second bill against the same defendant on the same subject-matter, and for tbe same purpose, without having paid the costs of tbe former suit, an order may be obtained, on motion and notice, staying further proceedings until tbe costs are paid ; and if there is great delay in paying them, tbe court may order payment within a prescribed time, or in default thereof, the second bill stands dismissed. — 1 Dan. Oh. PI. & Pr. 796. The defendant did not pursue the proper practice to procure payment of the costs. There was no motion to stay proceedings, or to require…
2Cited by4 opinions
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Jordan v. JordanSupreme Court of Alabama · 1912
- Ex parte MatthewsSupreme Court of Alabama · 1906
- Southern Railway Co. v. RaneySupreme Court of Alabama · 1897