# Smith v. Dannelly

> Supreme Court of Alabama · April 28, 1932 · 224 Ala. 592

URL: https://www.frixlaw.com/law-library/cases/9825232

## Case

- **Full name:** Smith v. Dannelly.
- **Court:** Supreme Court of Alabama
- **Decided:** April 28, 1932
- **Citations:** 224 Ala. 592; 141 So. 569; 1932 Ala. LEXIS 150
- **Precedential status:** Published
- **Opinion:** Dissent by Bouldin
- **Judges:** Foster, Anderson, Brown, Bouldin, Gardner, Thomas, Knight
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9825232

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825232. Public record. Not legal advice.