Steamboat Empire v. Ala. Coal Mining Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Andrew B. Moore. This action was instituted by the appellee, a corporation chartered by the legislature of this State, under sections 2574-86 of the Code, to recover damages for the loss of a barge, freighted with coal, which was sunk by collision with the steamboat ‘ Empire.’ At the trial term, as appears both from the judgment entry and the bill of exceptions, the defendants moved to dismiss the suit, on…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Andrew B. Moore. This action was instituted by the appellee, a corporation chartered by the legislature of this State, under sections 2574-86 of the Code, to recover damages for the loss of a barge, freighted with coal, which was sunk by collision with the steamboat ‘ Empire.’ At the trial term, as appears both from the judgment entry and the bill of exceptions, the defendants moved to dismiss the suit, on account of the plaintiff’s failure to give security for costs. The court overruled the motion, and the defendants excepted ;…
1Opinion of the Court
RICE, 0. J.
In the case of the Ala. & Tenn. Rivers Railroad Co. v. Harris, 25 Ala. R. 232, it was decided by this court, that a suit commenced by a. corporation, without first giving security for the costs, as required by section 2398 of the Code, will be dismissed on motion. The suit in that case was commenced by notice and motion under the act of 1847. In Ex parte Robbins, at the last term, we held, that a suit commenced by attachment is within the intention of the law which requires security for. the costs to be given by non-residents or corporations before commencing suit. In Shepherd <&…
2Cases cited1 opinion
- Gordon v. LongestSupreme Court of the United States · 1842
3Cited by12 opinions
- State v. CobbSupreme Court of Alabama · 1972
- Ex parte HendreeSupreme Court of Alabama · 1873
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
- Taylor v. MortonSupreme Court of Alabama · 1933
- Smith v. DannellySupreme Court of Alabama · 1932
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