Ex parte Schmidt
Supreme Court of Alabama
Application for mandamus to Hon. James Q. Smith. This was an application for a mandamus to compel the Circuit Court of Montgomery county, Hon. J. Q. Smith presiding judge, to enter up a proper judgment upon the verdict of a jury, and to vacate and annul the judgment entered. The facts necessary to the decision, are as follows : Schmidt & Smith, the relators, were partners and dealers in building materials in the city of Montgomery.
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Application for mandamus to Hon. James Q. Smith. This was an application for a mandamus to compel the Circuit Court of Montgomery county, Hon. J. Q. Smith presiding judge, to enter up a proper judgment upon the verdict of a jury, and to vacate and annul the judgment entered. The facts necessary to the decision, are as follows : Schmidt & Smith, the relators, were partners and dealers in building materials in the city of Montgomery. At the request of one David S. Arnold, they did certain work and furnished certain materials in the renovation of a house owned by the wife of said Arnold, as part…
1Opinion of the CourtStone, J.
To authorize the issue of the writ of mandamus, there must be a clear legal right, and no other ade- . quate remedy. The writ lies to compel the execution of ministerial duties, in all proper cases. As to judicial functions, the rule is different. The writ will be awarded to compel courts to entertain jurisdiction and pronounce judgment in the premises. It will not be awarded to order or direct what judgment shall be rendered in any given case; nor can its powers be invoked to correct any error in the final judgment or decree of an inferior court. The reason of this latter rule is, that there…
2Cases cited5 opinions
- Ex parte HendreeSupreme Court of Alabama · 1873
- Ex parte EcholsSupreme Court of Alabama · 1866
- Ex parte HenrySupreme Court of Alabama · 1854
- State v. BowenSupreme Court of Alabama · 1844
- Bridges & Beers v. MillerSupreme Court of Alabama · 1842
3Cited by32 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- State v. CobbSupreme Court of Alabama · 1972
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Le Grand v. HubbardSupreme Court of Alabama · 1927
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