Ex parte Jemison

Supreme Court of Alabama

Ex parte Jemison

31 Ala. 392

CourtSupreme Court of Alabama

DecidedJanuary 15, 1858

StatusPublished

Cited by5 cases

This text of 31 Ala. 392 (Ex parte Jemison) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Jemison, 31 Ala. 392 (Ala. 1858).

Pincite

Opinion

RICE, C. J.

— Where one of several plaintiffs is a resident of this State at the commencement of the action, and at the time a motion is made to dismiss the suit under section 2396 of the Code, for want of security for costs, the motion ought to be overruled. The resident plaintiff is liable to a judgment for costs; and in such case, that section of the Code does not authorize a dismissal of the suit, for the failure to give security for the costs before or at the time the action is commenced. — Ex parte Bush, 29 Ala. 50.

The motion is denied, at the costs of the petitioner.

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RICE, C. J.

— Where one of several plaintiffs is a resident of this State at the commencement of the action, and at the time a motion is made to dismiss the suit under section 2396 of the Code, for want of security for costs, the motion ought to be overruled. The resident plaintiff is liable to a judgment for costs; and in such case, that section of the Code does not authorize a dismissal of the suit, for the failure to give security for the costs before or at the time the action is commenced. — Ex parte Bush, 29 Ala. 50.

The motion is denied, at the costs of the petitioner.

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Bluebook (online)

31 Ala. 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-jemison-ala-1858.

Opinion

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