2 Ala. 100 | Ala. | 1841
— This is the first time, in this State, within our knowledge, that the plaintiff on the record, has been allowed to change his position, and, instead of a party, become a witness, to support his own suit, without being called on by, and against the consent of, his adversaries. We are not unaware that some decisions of the Courts of Pennsylvania, and of ■ the Circuit Court of the United States, setting in that State,
The present condition of this case illustrates one of these contingencies. It cannot be supposed that a deposit made by those, interested in the deed of trust, could be reached to satisfy the costs of this suit in error. So likewise if the defeated party, defeated too by the evidence given by his adversary, should afterwards make out a case for equitable relief, it is supposed that the plaintiff, where he is not merely nominal, must be liable for costs.
It must be observed that this is not the case of a mere nominal plaintiff, where a name is used under the statute; therefore it is needless to distinguish this from such a case.
It is unnecessary further to examine this case, as we are satisfied that whenever the parties on the record, ate liable for
Let the judgment be reversed and the cause remanded.