Benson v. Elmore

STAKELY, Justice.

This is an original mandamus proceeding to require the Hon. V. W. Elmore, Judge of the 24th Judicial Circuit of Alabama, to certify his disqualification to serve as Judge in a cause instituted by Amanda Benson in the aforesaid court in equity against Pick-ens County and others. The cause is submitted here on the petition for mandamus and demurrer thereto.

The suit filed in equity by Amanda Benson seeks a declaratory decree as to the liability of the respondents for damages for cutting out a right of way for a public road across her lands, removing fences, destroying…