34 Ala. 117
Decided January 15, 1859
Supreme Court of Alabama · decided 1859-01-15
<p>[action on open account.]</p> <p>1. Waiver of security for costs. — In an action brought by a non-resident, and commenced in a justice’s court, if the defendant appears before the justice, and engages in a trial on the merits, he cannot, after tbe cause has been removed by the plaintiff to the circuit court, move to dismiss it for want of security for the costs.</p>
Relies on Thompson v. Clopton
Good law ✅— No negative treatment on recordhow we know
Decided 1859-01-15
Cited by 6 later decisions — most recently June 1915
6 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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¶1The defendant engaged in the trial of this case before the. justice of the peace, and succeeded in establishing a defense on the merits. After the case was carried by appeal to the circuit court, he moved to dismiss the suit, because’no security for costs bad been given by the plaintiff; he being a non-resident when the suit was commenced. The defendant had waived his right to make the motion. — Weeks v. Napier, at present term; Thompson v. Clopton, 31 Ala. 647.
¶2Judgment affirmed.