Tuck v. Carlisle

The facts stated in the petition show that a legal right — the right to require his adversary in the pending suit to answer the - petitioner’s interrogatories, filed under section 7764 of the Code — • has been denied to him for the redress of which the writ of mandamus is the appropriate remedy. Robinson v. Craig, 16 Ala. 50; Mallory v. Matlock, 7 Ala. 757; Id., 10 Ala. 595.

We do not overlook the decision in Ex parte Grantland, 29 Ala. 69, that the writ will not be granted in such cases when it appears that the interrogatories to which it is directed call for irrelevant evidence. But the…