Dunn v. Harris

The appeal is from decree dismissing suit for failure’ to pay costs in prior suit.

If a trial court erroneously applies the rule for requirement of the payment of costs in prior suit, the judgment or order of dismissal is final and may be reviewed by appeal. De Graffenried v. Breitling, 192 Ala. 254, 68 So. 265; Rosenheim & Sons v. Lacy, 167 Ala. 585, 52 So. 833; Ex parte State ex rel. Gulf, Mobile & N. R. Co., 208 Ala. 654, 95 So. 49.

The allegations of the motion are specific and sufficient to invoke the court to action, viz.:

“ * * * move the court to enter an order staying all action in this…