Ulman v. Langham

Decided January 15, 1873

Supreme Court of Alabama · decided 1873-01-15

Tried before the Hon. M. J. Saeeold. This action was brought by the appellant, who was a nonresident ; and the cause was struck from the docket by the court, on motion, because security for the costs was not given at the commencement of the suit.

Decided 1873-01-15

B. F. SAFFOLD, J.

¶1— A deposit with the clerk of five dollars and a half is too small a provision to be considered as . giving security for the costs of a suit in the Circuit Court; es*266pecially, in view of the law authorizing the officers of the court to demand their fees immediately upon the performance of each separate service. Session Acts 1868, p. 636.

¶2The judgment is affirmed.