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4 Va. 488

Ross v. Carter

Virginia Chancery Court

Decided February 15, 1810

Virginia Chancery Court · decided 1810-02-15

BOTT’S .moved, on behalf of the defendant, for a com» mission to examine the plaintiff- de bene esse saving all just c exceptions,

Decided 1810-02-15

By tb-e Chancellor.

¶1The plaintiff has either an interest in the subject of the suit, or he has not; if he has, he should not give evidence; if he has not, the suit should not be brought in his name, which, in any event makes him personally liable for costs in case the suit goes against him.

¶2Motion denied.

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