Weeks v. Napier
Cases that cite this one
6 later published cases cite this decision.
- Consumers' Roofing Co. v. Littlejohn (Ala. 1933)
- Lavange v. Burke (Ala. 1873)
- Gerace v. Bentley (Superior Court of The Virgin Islands 2015)
- Capital City Water Co. v. State ex rel. Macdonald (Ala. 1894)
- Shuttleworth v. Dunlop (New Jersey Court of Chancery 1881)
- Heflin v. Rock Mills Manufacturing & Lumber Co. (Ala. 1877)
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
Tbe right of a defendant to dismiss, for want of security for costs, is a right which be, so far as be is concerned, may waive. He will not be permitted to deal with tbe case as one rightly in court; continue, or contribute to tbe continuation of tbe litigation; and, after heavy costs have been incurred, or, perhaps, after be makes tbe discovery that bis defense will be unavailing, then for tbe first time raise tbe objection, that he bad been improperly sued, without security for costs; and for this'omission have tbe cause repudiated. Such practice would work tbe grossest injustice.
In tbe present case, tbe garnishee submitted to tbe jurisdiction of the court, by answering-; excepte.d to tbe action of tbe court in several particulars; made up an issue on tbe truth of bis answer; and, at a subsequent term, moved to dismiss, because tbe plaintiff was a nonresident, and had not given security for costs. Tbe mo
Judgment of the circuit court reversed, and cause remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.