
    Price, Ordinary, vs. Gregory.
    Where a third person brings suit on an administration bond in the name of the ordinary, endorsing his name oh the record, and acknowledging himself liable for costs, the Ordinary is a competent witness to prove the bond.
    This was an action of debt on an administration bond. The suit was brought for the benefit of a party who was injured by the defalcation of the administrator, under the act of 1789, and his name was entered on the record as the real plaintiff and acknowledging himselfliable for costs. The Ordinary was merely a nominal plaintiff. The question was, whether the Ordinary was a competent witness to prove the bond, Waties J. who tried the cause, admitted the evidence. The defendant appealed, and moved for a new trial.
    O’Neall, for the appeal.
    M’Kibben, contra.
   Cukia., per

Nott, J.

I concur in opinion with thepre-siding Judge in this case, for although in ordinary cases a party on record cannot be a witness, yet this case forms an exception to the rule. The nominal plaintiff is a public officer, and his name is made use of only to enable the real plaintiff to sustain the action. He is not liable for costs, nor can the record ever be given in evidence for him in any future action where he may be individually concerned. The motion is therefore refused.

New trial refused.  