Legal Opinion

Ex parte Watters

Supreme Court of Alabama

Decided April 8, 1913PublishedCited by 33 opinions

Original petition in the Supreme Court. Application by J. T. Watters and others, for writ of mandamus to review certain interlocutory rulings and orders made by the judge of the Law and Equity Court of Mobile, in an election contest proceedings.

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Original petition in the Supreme Court. Application by J. T. Watters and others, for writ of mandamus to review certain interlocutory rulings and orders made by the judge of the Law and Equity Court of Mobile, in an election contest proceedings. Appeals are of statutory origin, and if the statute gives no remedy, there is none. —155 Ala. 218. The right of contest of a municipal election is given only by section 1168, Code 1907. The right of appeal from the law and equity court is to be determined by the provisions of section 2837, Code 1907. —153 Ala. 674. The right to make the amendment…

1Opinion of the CourtSomerville, J.

The petitioner applies to this court for a writ of mandamus or certiorari for the purpose of reviewing certain interlocutory rulings and orders of the judge of the law and equity court of Mobile made in the progress of a proceeding in that court for the contest of an election for city commissioner of Mobile.

Specifically, the petitioner seeks (1) to vacate several orders of the trial court granting the contestee’s motions to dismiss certain parts or grounds of the state*526ment of contest because of their legal insufficiency; (2) to set aside certain oral orders of the trial court refusing to…

2Cases cited17 opinions

  1. Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
  2. Wilson v. DuncanSupreme Court of Alabama · 1896
  3. First National Bank v. CheneySupreme Court of Alabama · 1897
  4. Ex parte HayesSupreme Court of Alabama · 1890
  5. Dunbar v. FrazerSupreme Court of Alabama · 1885

12 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Ex Parte JacksonSupreme Court of Alabama · 1925
  3. Ex Parte SpearsSupreme Court of Alabama · 1993
  4. Garrett v. CuninghameSupreme Court of Alabama · 1924
  5. Bank of Heflin v. MilesSupreme Court of Alabama · 1975

28 more not listed; retrieve them via the Exa API.

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