Ex parte Jemison

Decided January 15, 1858

Supreme Court of Alabama · decided 1858-01-15

Vm. S. Mudd presiding, to compel the dismissal of a suit therein pending, wherein James B. Smith and others are plaintiffs, and William II. Jemison is defendant, on account of the plaintiffs’ failure to give security for the costs. The circuit court overruled the motion to dismiss the suit, because it appeared that one of the plaintiffs was a resident citizen of this State at the time the suit was commenced, and so continued up to the time when the motion wras heard.

Relies on Ex parte Bush

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Decided 1858-01-15

How this case has been cited

Cited by 5 later decisions — most recently December 1933

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RICE, C. J.

¶1— 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.

¶2The motion is denied, at the costs of the petitioner.