Davidson v. Washburn
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. In the matter of the petition of William Davidson, for a writ of mandamus to Elisha Washburn, a justide of the peace of said county, commanding him to vacate and set aside a judgment by default, rendered by him against said William Davidson, in an attachment case, on the ground that it was prematurely rendered at the return term of the writ.
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Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. In the matter of the petition of William Davidson, for a writ of mandamus to Elisha Washburn, a justide of the peace of said county, commanding him to vacate and set aside a judgment by default, rendered by him against said William Davidson, in an attachment case, on the ground that it was prematurely rendered at the return term of the writ. The petition, which was under oath, was filed in the Circuit Court on the 8th March, 1876, and alleged that the attachment was issued by said justice on the 7th February, lb76, in…
1Opinion of the CourtStone, J.
Mandamus is an extraordinary legal writ, or process, issued by courts of superior jurisdiction, commanding tbe exercise of ministerial functions, and, when necessary, directing, controlling, and compelling the performance of sucb functions, when one who fills an official trust fails or refuses to perform sucb ministerial duty. In cases falling within tbis class, tbe court not only compels action, but directs in wbat manner it shall be performed. When, however, tbe powers of tbis process are invoked, to compel judicial action by inferior courts or magistrates, the rule is different. Sucb…
2Cases cited7 opinions
- Ex Parte BurrSupreme Court of the United States · 1824
- Ex parte ElstonSupreme Court of Alabama · 1854
- Ex parte HenrySupreme Court of Alabama · 1854
- Ex parte KoonCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. BowenSupreme Court of Alabama · 1844
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3Cited by2 opinions
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Taylor v. KolbSupreme Court of Alabama · 1892