State ex rel Crow v. Crook
Supreme Court of Alabama
Appeal from order of Judge of Seventh. Judicial Circuit denying mandamus. Heard before the Hon.' George E. Brewer. The State of Alabama on the relation of J. D. Crow, filed a petition addressed to Hon. George E. Brewer, as Judge of the Seventh Judicial Circuit, asking for a writ of mandamus, or other appropriate remedial writ, directed to Emmett F. Crook, as Judge of Probate of Calhoun County,' commanding him to remove the books, papers and records of his office from…
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Appeal from order of Judge of Seventh. Judicial Circuit denying mandamus. Heard before the Hon.' George E. Brewer. The State of Alabama on the relation of J. D. Crow, filed a petition addressed to Hon. George E. Brewer, as Judge of the Seventh Judicial Circuit, asking for a writ of mandamus, or other appropriate remedial writ, directed to Emmett F. Crook, as Judge of Probate of Calhoun County,' commanding him to remove the books, papers and records of his office from Anniston to Jacksonville; and at the latter place keep his office at the court house, and there open for the transaction of…
1Opinion of the CourtDowdell, J.
The petition for mandamus was addressed to the Hon. Geo. E. Brewer, Judge of the Seventh Judicial Circuit, and the prayer of the petition ivas for the “alternative writ and for a -rule nisi.” This preliminary writ was granted by the judge and made returnable before him as such in vacation, and on the day to Avhich the writ was made returnable, the judge proceeded to a hearing and rendered judgment in the cause. From this judgment the present appeal is prosecuted to this court.
At the common laAv the writ of mandamus could only be granted by the court and returnable to the court, and Avas never…
2Cases cited5 opinions
- Ex parte BootheSupreme Court of Alabama · 1879
- Clark v. SpencerSupreme Court of Alabama · 1885
- Nabers v. Morris Mining Co.Supreme Court of Alabama · 1893
- Ramagnano v. CrookSupreme Court of Alabama · 1889
- Ex parte GrantSupreme Court of Alabama · 1844
3Cited by19 opinions
- McKinney v. StateCourt of Criminal Appeals of Alabama · 1989
- Ex parte CampbellSupreme Court of Alabama · 1900
- Jackson v. State ex rel. TillmanSupreme Court of Alabama · 1904
- Phillips v. ReavesSupreme Court of Alabama · 1935
- State Ex Rel. Wright v. KempSupreme Court of Alabama · 1921
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