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EX PARTE SOUTHERN RAILROAD (RAILWAY) CO.

7 Div. 508.

124 So.2d 675 (1960)

Ex parte SOUTHERN RAILROAD (RAILWAY) CO.

Supreme Court of Alabama.

November 17, 1960.

Attorney(s) appearing for the Case

Knox, Jones, Woolf & Merrill, Anniston, for petitioner.

Burnham & Klinefelter and Robt. C. Dillon, Anniston, for respondent.

SIMPSON, Justice.

This case concerns the application of § 66, Tit. 11, of the Code, with respect to the facts disclosed by the record.

As pertinent, § 66 reads:

"Whenever a * * * nonsuit [is] taken, * * * at the time of the filing of another suit, involving the same claim, [or] cause of action * * between the same parties * * *, the party filing the new suit must also pay into court all costs incurred in the former suit, and, upon his failure...

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