Ex parte Morgan
Supreme Court of Alabama
AppiicatioN for a mandamus to the circuit court of Talladega, Hon. E. "W. Pettus presiding, to compel the dismissal of a suit instituted by the “Montgomery Iron Works,” a domestic corporation, against the petitioner, without first giving security for the costs, as required by section 2398 of the Code.
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AppiicatioN for a mandamus to the circuit court of Talladega, Hon. E. "W. Pettus presiding, to compel the dismissal of a suit instituted by the “Montgomery Iron Works,” a domestic corporation, against the petitioner, without first giving security for the costs, as required by section 2398 of the Code. The circuit court refused to dismiss the suit, on motion, because it appeared that the plaintiff had lodged with the clerk, as security for the costs, a bond in the penal sum of two hundred dollars, conditioned for the payment of such costs “as may be adjudged against the plaintiff”; and this…
1Opinion of the CourtStone, J.
The bond for costs in this caséis defective, and should have been so held by the presiding judge. The defect is two-fold — first, in limiting ' the liability to the sum of two hundred dollars, when the costs may trans-scend that amount; second, in securing only such costs as “may be adjudged against the plaintiff,” instead of the costs, as provided by the Code, § 2398.
The rule to show cause why a mandamus shall not issue must be awarded. — Ex parte Cole, 28 Ala. 50; Ex parte Robbins, 29 Ala. 71.
Chief-Justice Rice and myself are not able to agree on the measure of relief to which the relator…
2Cases cited11 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Ex parte ColeSupreme Court of Alabama · 1856
- Jones v. PopeSupreme Court of Alabama · 1844
- Lowry v. StoweSupreme Court of Alabama · 1838
- Fleming, Linn & Co. v. BurgeSupreme Court of Alabama · 1844
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Wilson v. DuncanSupreme Court of Alabama · 1896
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
8 more not listed; retrieve them via the Exa API.