Supreme Court of Alabama, 1859

Garrett & Bibb v. Terry

Supreme Court of Alabama · Decided January 15, 1859 · Stone

33 Ala. 514

Cases that cite this one

5 later published cases cite this decision.

Bealmear v. Beeson (Mo. Ct. App. 1953)
Tanner v. Bryant (Ala. Ct. App. 1917)
Carroll v. Vaughan (Ala. 1872)
Ketchum v. Dennis (Ala. 1867)
Tuskaloosa Wharf Co. v. Mayor of Tuskaloosa (Ala. 1863)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

STONE, J.—

If this proceeding be an action, within the meaning of section 2896 of the Code, our previous decisions require us to hold, that the bond given on suing out the supersedeas is not a security for the costs.—Ex parte Robbins, 29 Ala. 71; Shepherd v. Spriggs, 29 Ala. 673.

*515In Pratt & McKenzie v. Keils & Sylvester, 28 Ala. 390-97, we held, that the petition, in cases like the present, must be regarded as a new action. The “ filing of the petition ” was the commencement of the action; and the failure of the petitioners to give security for the costs, justified the court in dismissing the suit.

Judgment of the circuit court affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.