Brazier v. Tarver
Supreme Court of Alabama
Whit of Error to the Circuit Court of Lowndes county. In the writ and declaration Brazier is named as the plaintiff, but in the progress of the cause he filed an affidavit, stating that it was commenced and carried on without his knowledge or consent, and he asked that it might be dismissed, and the attorney of record required to give security for costs.
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Whit of Error to the Circuit Court of Lowndes county. In the writ and declaration Brazier is named as the plaintiff, but in the progress of the cause he filed an affidavit, stating that it was commenced and carried on without his knowledge or consent, and he asked that it might be dismissed, and the attorney of record required to give security for costs. The Court then ordered that the plaintiff of record should be indemnified by the person claiming the beneficial interest, by bond, with surety, conditioned to pay the plaintiff such costs as he might be compelled to pay. The order, as entered…
1Opinion of the CourtGoldthwaite, J.
The controversy here, is not between the plaintiff and defendant to the case, but results from a desire in the plaintiff named on the record, to dismiss his suit, which is opposed by one claiming to be entitled to carry it on for his own benefit in the other’s name.
We think it very clear, that when a suit is once dismissed at the instance of the plaintiff upon the record, that the correctness of the proceeding cannot be inquired into, upon a writ of error; -for this course would involve the defendant in a controversy in which he has taken no part, and in which he has no interest.
We do not…
2Cited by4 opinions
- Ex parte RandallSupreme Court of Alabama · 1906
- White v. NanceSupreme Court of Alabama · 1849
- Jennings v. PearceSupreme Court of Alabama · 1892
- Shambach v. Middlecreek Electric Co.Superior Court of Pennsylvania · 1911