Supreme Court of Alabama, 1877

Ex parte Proskauer

Ex parte Proskauer
Supreme Court of Alabama · Decided December 15, 1877
59 Ala. 194

Counsel

D. S. TROY and L. M. Lane, for petitioner., Watts & Sons, contra.

Ex parte Proskauer

Opinion of the Court

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.

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