The opinion
BOULDIN, J.,
dissents, agreeing to the opinion that the motion may he made at any time before entering upon the trial, but holding that, upon proof that plaintiff is a nonresident, there is a mandatory duty upon the trial court to fix the time in which security for costs shall be given, and that, upon exception to his refusal to do so, the error is reviewable unon appeal from the final judgment. In his opinion, this is a well-settled rule of law in this state, and that the present decision overrules our cases so declaring, to wit, First National Bank v. Cheney, 120 Ala. 117 , 23 So. 733 , supra; Ex parte Bradshaw, 174 Ala. 243 , 57 So. 16 , supra; and is of the opinion that the case of Ex parte White, 213 Ala. 425 , 104 So. 844 , supra, being in. conflict with them, should be overruled.