State ex rel. Heirs of Walker v. Judge of the Orphans' Co.
Supreme Court of Alabama
Petition- for a mandamus. The facts on, which the petition is based, sufficiently appear in the opinion. 1. The court of chancery, • not .being a. supervisory court,, cannot, prohibit the, orphans’ court from, proceeding to exercise its jurisdiction. 2. An injunction cannot issue, to enjoin another court. 2 Story’s Eq.
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Petition- for a mandamus. The facts on, which the petition is based, sufficiently appear in the opinion. 1. The court of chancery, • not .being a. supervisory court,, cannot, prohibit the, orphans’ court from, proceeding to exercise its jurisdiction. 2. An injunction cannot issue, to enjoin another court. 2 Story’s Eq. Jurisp. § 875; Eden on Injunctions, ch. 2, ,p. 14. 3. An'injunctiou can only enjoin parties litigant, or persons making illegal interference with rights of complainant. . See cases cited above.; 1 Barbour’s Gh. Pr. 6,19; Fellows v. Feb lows, 4 Johns. Ch. Rep. 25. 4. An…
1Opinion of the CourtCollier, C. J.
A mandamus is asked; in this case, to compel, the orphans’, court of Macon to proceed in the settlement of the testator; Walker’s, estate. From the record submitted to us, it appears that an injunction has been granted at the instance of the executor,.enjoining the heirs from proceeding in the orphans’ court, “ for the settlement of; the estate, of William Walker, deceased, and the court from molesting or-disturbing” -the executor, until the further- order in chancery. The condition upon which the jiai for the injunction was granted, has been complied with, and; the injunction has been served…
2Cases cited9 opinions
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- The Bank of Columbia v. George SweenySupreme Court of the United States · 1828
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ex parte JonesSupreme Court of Alabama · 1840
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3Cited by21 opinions
- State v. CobbSupreme Court of Alabama · 1972
- Brittain v. JenkinsSupreme Court of Alabama · 1955
- Ex parte CampbellSupreme Court of Alabama · 1900
- Ex parte Scudder-Gale Grocery Co.Supreme Court of Alabama · 1898
- Ex Parte TaylorSupreme Court of Alabama · 1938
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