Ex parte State
Supreme Court of Alabama
This was an application by the attorney general, on behalf of tbe State, for mandamus to compel tbe judge of the circuit court of Montgomery to strike from tbe docket a case therein pending, wherein one W. A. C. Jones was plaintiff, and State of Alabama defendant, on the ground that the law authorizing suits against the State bad been repealed, — a like motion to strike tbe case from tbe docket having been overruled by the circuit court.
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This was an application by the attorney general, on behalf of tbe State, for mandamus to compel tbe judge of the circuit court of Montgomery to strike from tbe docket a case therein pending, wherein one W. A. C. Jones was plaintiff, and State of Alabama defendant, on the ground that the law authorizing suits against the State bad been repealed, — a like motion to strike tbe case from tbe docket having been overruled by the circuit court. In his return to tbe rule nisi tbe circuit judge answered that tbe plaintiff, a citizen of tbe State, brought suit against it in said .circuit court on the…
1Opinion of the CourtBrickell, C. J.
The' Constitution of 1819 declared, “ The general assembly, shall direct, by law, in what manner, and in what courts, suits may be brought against the State.” Cons. Art. 6, § 9. In 1820 and 1827, statutes were enacted, investing the circuit court with jurisdiction of suits against the State, when instituted by a citizen of the State, prescribing the mode in which they should be’commenced, conducted, and defended, and the mode of obtaining satisfaction, if judgment was rendered against the State. Clay’s Dig. 339, §§ 143, 144, 145, 146. These statutes were substantially embodied in the Code of…
2Cases cited7 opinions
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Ex parte GreeneSupreme Court of Alabama · 1856
- Van Dyke v. StateSupreme Court of Alabama · 1854
- Sharp v. County of Contra CostaCalifornia Supreme Court · 1867
- Hunsaker v. BordenCalifornia Supreme Court · 1855
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3Cited by23 opinions
- Ex Parte CranmanSupreme Court of Alabama · 2000
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
- Dunn Const. Co. v. State Board of AdjustmentSupreme Court of Alabama · 1937
- Sawyer v. GilmoreSupreme Judicial Court of Maine · 1912
- John E. Ballenger Const. Co. v. State Board of AdjustmentSupreme Court of Alabama · 1937
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