Ex parte Proskauer

59 Ala. 194 | Ala. | 1877

Per Curiam.—

There 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.

Let 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.

midpage