Reid v. Brasher
Supreme Court of Alabama
Error to tlic Circuit court of Shelby county. ' The writ of error, in this tunc, was brought to reverse an order dismissing the suit of plaintiff below, for failing to comply with a previous order of court, requring additional security for costs. An action of debt was brought on a bond given by defendants, conditioned, in the eveut of a certain contingency, to pay a sum of money to plaintiff, and security for costs given.
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Error to tlic Circuit court of Shelby county. ' The writ of error, in this tunc, was brought to reverse an order dismissing the suit of plaintiff below, for failing to comply with a previous order of court, requring additional security for costs. An action of debt was brought on a bond given by defendants, conditioned, in the eveut of a certain contingency, to pay a sum of money to plaintiff, and security for costs given. During the pendency of the suit, an order was obtained, that additional security for costs should be given by plaintiff, or his suit be dismissed, and at a subsequent term,…
1Opinion of the CourtGoldthwaitb, J.
— When the writ, in this suit was issued, security for the costs appears to have been given, and as this is necessary in no case where bail is not required of the defendant, we infer that the plaintiff was a non-resident. At a subsequent term, an order was made for the plaintiff to give additional security for costs, by the first day of the next term, or the suit to be dismissed. No security having been given under this order, the court at the ensuing term dismissed the cause, notwithstanding it was then shewn on the behalf of the plaintiff, that the sureties for costs were residents of this…
2Cases cited1 opinion
- Thompson v. MillerSupreme Court of Alabama · 1830
3Cited by3 opinions
- Lewis v. LewisSupreme Court of Alabama · 1854
- Harwood's Executors v. HumesSupreme Court of Alabama · 1846
- Powers v. Mayor of DecaturSupreme Court of Alabama · 1875