Scott v. John
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This case originated in a notice by defendant, to plaintiffs in error, to show cause why they should not be required to pay the costs, that had accrued in a claim case, wherein one James Scott was plaintiff in execution, Robert H. Porter and David Harding, defendants, and defendant in error, claimant.
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Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This case originated in a notice by defendant, to plaintiffs in error, to show cause why they should not be required to pay the costs, that had accrued in a claim case, wherein one James Scott was plaintiff in execution, Robert H. Porter and David Harding, defendants, and defendant in error, claimant. It appears, that at the time of the issuance and levy of the execution, the said James Scott, the plaintiff therein, was dead, and that it was issued and levied, by the direction of the plaintiffs in error, on the property,…
1Opinion of the CourtCollier, C. J.
It has been held, by repeated decisions in New York, that persons who have a beneficial interest in the subject of the litigation, and sue or defend in the names of others, may be adjudged to pay the costs, and compelled to do so by attachment. See Norton v. Rich, 20 Johns. R. 475; Waring v. Barrett, 2 Cow. Rep. 460; Schoolcraft v. Lathrop, 5 Cow. Rep. 17; Jackson v. Van Antwerp, 1 Wend. Rep. 295; Colvard v. Oliver, 7 Wend. Rep. 497; Jordan v. Sherwood, 10 Wend. Rep. 622. But in that state, there is a statute which declares that any “ person beneficially inter*569ested in the recovery” in an…
2Cases cited7 opinions
- Colvard v. OliverNew York Supreme Court · 1832
- Jackson, ex dem. v. Van AntwerpNew York Supreme Court · 1828
- Jordan v. SherwoodNew York Supreme Court · 1834
- Waring v. BaretNew York Supreme Court · 1824
- Schoolcraft v. LathropNew York Supreme Court · 1825
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3Cited by2 opinions
- Garrison v. BurdenSupreme Court of Alabama · 1867
- In re CaryDistrict Court, S.D. New York · 1882