21 Ala. 499 | Ala. | 1852
— Tbe courts of this State have no right to order a non-suit against tbe wishes of tbe plaintiff, and therefore it was, that a writ of error did not lie to review a judgment of non-suit taken with tbe consent of tbe plaintiff. This being tbe state of tbe law, an act was passed on tbe 6th
Applying this rule to the case before us, we cannot review the decision of the Circuit Court, and the Avrit of error must be dismissed. Neither the bill of exceptions nor the judgment entry, nor, indeed, any part of the record, informs us that the non-suit was taken on account of the decision of the court. We could only infer it from the fact, that there is a bill of exceptions taken by the plaintiff, and then folloAVS the non-suit. But Avhy it was taken, ayo are left to inference alone; and that inference must be dmvn from the fact, that a bill of exceptions was taken to the ruling of the court, and afterwards a non-suit Avas entered. This Ave hold to be insufficient to authorize us to review the decision of the court. The record itself should, from its language, inform us that the nonsuit rvas taken in consequence of the decision.
This vieAY is not inconsistent with the case of Shields v.
Let the writ of error be dismissed.