104 So. 844 | Ala. | 1925
Plaintiff, petitioner, recovered judgment against defendant for the amount indicated and costs in that behalf incurred. If the court had ruled otherwise than it did on motion to require security for costs under section 7252 of the Code of 1923, the plaintiff would not have been liable for such costs. The reason for the rule, not existing under the judgment rendered, was not available for a reversal at the instance of the defendant. Moreover, the trial had been entered upon before the motion was made. The statutory requirement was for the defendant's benefit, seasonably exercised. If not so invoked, it was waived. The analogy found in construction of section 7249 obtains as to section 7252. To be timely the motion must be made before entering upon the trial. First Nat. Bk. of Anniston v. Cheney,
In First Nat. Bk. of Anniston v. Cheney,
The trial court abused no sound discretion, nor transcended statutory requirements, in declining, during the trial, to order plaintiff to give security for costs within the time prescribed. Code, § 7252. In Jackson Lbr. Co. v. Trammell,
The writ is granted.
All the Justices concur. *426