Ex parte Huckabee
Supreme Court of Alabama
This was an application to this court by Caswell C. Hucka-bee, a defendant in a civil cause in the Circuit Court of Bibb county, against whom a judgment had been obtained, for a writ of mandamus, seeking to compel the Hon. JaMes E. Cobb, the judge presiding in said Circuit Court at the time of the trial of said cause, to insert in a bill of exceptions which had been prepared and presented to him by the petitioner, the words, “ This being all the evidence in the case,” as…
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This was an application to this court by Caswell C. Hucka-bee, a defendant in a civil cause in the Circuit Court of Bibb county, against whom a judgment had been obtained, for a writ of mandamus, seeking to compel the Hon. JaMes E. Cobb, the judge presiding in said Circuit Court at the time of the trial of said cause, to insert in a bill of exceptions which had been prepared and presented to him by the petitioner, the words, “ This being all the evidence in the case,” as they occurred in the bill as presented, immediately preceding a statement of instructions given by the court to the jury,…
1Opinion of the CourtBrickell, C. J.
Mandamus is an extraordinary legal remedy, granted only when a clear, specific legal right is shown, and for its enforcement there is no other adequate remedy. The absence of a clear, specific legal right is fatal to an application for the writ.-State v. Comm'rs Court, 3 Porter, 412; State v. Judge, 13 Ala. 805. If it be conceded to. the relator that it is an appropriate remedy to compel the judge of an inferior court to insert in a bill of exceptions a statement which he has stricken therefrom as untrue in point of fact, or as immaterial, or as inappropriate, the truth of such statement, and…
2Cases cited2 opinions
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- State ex rel. Driver v. Commissioners of Roads & Revenue of TalladegaSupreme Court of Alabama · 1836
3Cited by4 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Lewis v. JenkinsSupreme Court of Alabama · 1927
- Brody v. ArmstrongSupreme Court of Alabama · 1921
- Henry v. State Ex Rel. RambowAlabama Court of Appeals · 1919