Ex parte Wellden
Supreme Court of Alabama
Mandamus. Griuixal petition in Supreme Court.' Application by James Eel Wellclen for mandamus to compel the emry of an order requiring one John R, Witt-to restore to applicant’s possession certain personal property, the subject- of litigation in another suit.
Read the full summary
Mandamus. Griuixal petition in Supreme Court.' Application by James Eel Wellclen for mandamus to compel the emry of an order requiring one John R, Witt-to restore to applicant’s possession certain personal property, the subject- of litigation in another suit. The -facts aie sufficiently stated in the opinion of the court. — If a judgment, be reversed the party shall he restored to all that he has lost by occasion of the judgment; and a writ of restoration shall be awarded. — 2 Tidd’s Prac. (Ed. 856) star pages 1186-87, and star page 10B3; 2 Sander’s Reports, 101 ee; Rympson v. Juoson, Oro.…
1Opinion of the CourtDenson, J.
— This is an application to this court by Wellden for a mandamus to compel the judge of the Eighth judicial circuit to' enter an order in the case of John R. Witt against James Ed Wellden, now pending-in the circuit court of Limestone county, requiring Witt to restore to the possession of Wellden a mule which is the subject of litigation in said cause. Witt obtained judgment against Wellden for the mule or its alternate value — $130. Wellden, having executed a replevy bond when the mule was seized, within 30 days from the rendition of the.judgment delivered the mule into Witt’s possession.…
2Cases cited6 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Marks v. CowlesSupreme Court of Alabama · 1878
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
- Bradford v. BushSupreme Court of Alabama · 1846
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Maslankowski v. CarterSupreme Court of Alabama · 1973