State ex rel. Garber v. Semmes
Supreme Court of Alabama
Original petition in the Supreme Court. Petition by the state on the relation of the Attorney General for mandamus or other remedial writ directed to O. J. Semmes, Judge of the City Court of Mobile. Mandamus is a remedial writ granted where there is a specific legal right and there is no other adequate legal remedy. — Ex parte Merritt, 142 Ala. 115; Ex parte State, ex rel.
Read the full summary
Original petition in the Supreme Court. Petition by the state on the relation of the Attorney General for mandamus or other remedial writ directed to O. J. Semmes, Judge of the City Court of Mobile. Mandamus is a remedial writ granted where there is a specific legal right and there is no other adequate legal remedy. — Ex parte Merritt, 142 Ala. 115; Ex parte State, ex rel. Stouye, 51 Ala. 69; Ex parte Lowe, 20 Ai a. 330. The act of the General Assembly of 1907, Special Session, p. 187, applies to all prosecutions begun under the general prohibition act and dispenses with the necessity for…
1Opinion of the CourtAnderson, J.
— the recent case of Nash ex rel. v. Semmes, supra, 50 South. 120, we held that the Constitution authorized the Legislature to dispense with indictments in prosecution for misdemeanors, and that Acts Sp. Sess. 1907, p. 189, was not subject to certain constitutional infirmities suggested and argued in brief of counsel for the petitioner, Nash. This case, however, as indicated by the respondent’s answer and the brief of counsel, presents a question not argued in the brief in the Nash Case, supra.
Acts 1907, Sp. Sess., p. 189, purports both by the title and the body to dispense with indictments…
2Cases cited1 opinion
- State ex rel. Nash v. SemmesSupreme Court of Alabama · 1909
3Cited by1 opinion
- Gillyard v. StateSupreme Court of Florida · 1913