Legal Opinion

Ex parte Lee

Alabama Court of Appeals

Decided March 14, 1967Published

1Opinion of the Court

CATES, Judge.

This original petition for mandamus sought to be issued to the Marion Circuit Court was filed here February 8, 1967.

Lee complains that “he has legal rights to demand the respondent to hear * * * his petition for writ of error coram nobis within a reasonable time.”

This contention is probably correct in theory. Carnley v. State ex rel. West Boylston Mfg. Co., 250 Ala. 403, 34 So.2d 681.

However, the power of this court to issue mandamus as originating here has been limited by the Alabama Legislature “to matters in which said court has appellate jurisdiction.” Code 1940, T. 13, § 89,…

2Cases cited3 opinions

  1. Ex Parte GoodmanAlabama Court of Appeals · 1966
  2. Carnley v. State Ex Rel. West Boylston Mfg. Co.Supreme Court of Alabama · 1948
  3. Ex parte DavisAlabama Court of Appeals · 1965

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