Dunbar v. Frazer
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. • The appellant in this case, F. M. Dunbar, filed his petition under oath, addressed to Hon. John B. Hubbard, the presiding judge of the second judicial circuit, asking a mandamus to Hon. T. L. Frazer, the judge of probate of Lee county, requiring him to issue to the petitioner a license to retail spirituous liquors in Opelika.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. • The appellant in this case, F. M. Dunbar, filed his petition under oath, addressed to Hon. John B. Hubbard, the presiding judge of the second judicial circuit, asking a mandamus to Hon. T. L. Frazer, the judge of probate of Lee county, requiring him to issue to the petitioner a license to retail spirituous liquors in Opelika. On the filing of the petition, an alternative writ of mandamus was ordered by Judge Hubbard, returnable before the Circuit Court of Montgomery. Judge Frazer appeared in answer to the…
1Opinion of the CourtClopton, J.
No controversy is raised respecting the power of & judge of the Circuit Court to grant an alternative writ of mandamus, returnable to the Circuit Court, outside of tlie judicial circuit of which he is judge. The question is, *530whether the Circuit Court held in the county o.f Montgomery has jurisdiction to grant a peremptory mandamus, to compel the judge of probate of Lee county to issue to appellant a license to retail liquors in the latter county, the two counties being in different judicial circuits. The contention in the Circuit Court arose on a plea in abatement to the jurisdiction of the…
2Cases cited3 opinions
- Coltart v. AllenSupreme Court of Alabama · 1866
- Garlick v. DunnSupreme Court of Alabama · 1868
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
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- State v. Mobile & Girard R. R.Supreme Court of Alabama · 1895
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- Holcombe v. StateSupreme Court of Alabama · 1892
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