59 Ala. 194
Decided December 15, 1877
Supreme Court of Alabama · decided 1877-12-15
Before the Supreme Court. A suit was commenced in the Circuit Court of Butler county by Adolph Proskauer to recover damages against T. B. McCall, William Hamilton, William. H. Morris and B. L. Long, as sureties on a supersedeas bond, executed by J. D. Gafford as principal.
Cited by 1 later decisions — most recently December 1944
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1877-12-15
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¶1There is no statute or rule of law known to us, which authorizes an outsider, not suing or being sued, to have himself made a party to a suit at law without the adversary party’s consent, save in an ejectment or other suit for the possession of land.
¶2Let the writ of mandamus issue as prayed for, commanding the Circuit Court of Butler county to vacate the order complained of. The costs to be taxed against J. D. Gafford.