Hershy Chocolate Co. v. Sharpe
Supreme Court of Alabama
Original petition in Supreme Court. Petition by the Hershey Chocolate Company for mandamus to compel H. A. Sharpe, as Judge of the City Court of Birmingham, to vacate and annul an order granted by him setting aside a judgment obtained by petitioner against Joseph A. Yates as receiver, and others.
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Original petition in Supreme Court. Petition by the Hershey Chocolate Company for mandamus to compel H. A. Sharpe, as Judge of the City Court of Birmingham, to vacate and annul an order granted by him setting aside a judgment obtained by petitioner against Joseph A. Yates as receiver, and others. The cause as it originally stood was a suit by the Hershey Chocolate Company-against Joseph A. Yates, as receiver of the Wiley Candy Company, and the sureties on his official bond, and claimed certain damages for the breach of a bond given by said Yates as such receiver of the Wiley Candy Company;…
1Opinion of the CourtSomerville, J.
— The petitioner herein recovered a judgment by nil dicit against one Yates, as receiver of the Wiley *22Candy Company, and the surety on his receiver’s bond; and within 30 days thereafter the defendants filed and presented to the trial court their motion to set aside and vacate the judgment. This motion was granted, and the judgment accordingly set aside. One ground of the motion — the one upon which the court seems to have based its action — was that the complaint did not state a •cause of action.
On the theory that the action of the trial court was unauthorized and void, the plaintiff now…
2Cases cited4 opinions
- State ex rel. Pope v. Germania BankSupreme Court of Minnesota · 1908
- State ex rel. Peterson v. GibsonSupreme Court of Arkansas · 1860
- Atkinson v. . SmithSupreme Court of North Carolina · 1883
- Black v. . GenterySupreme Court of North Carolina · 1896
3Cited by2 opinions
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Roberts v. DavisDistrict Court, M.D. Alabama · 1924