Legal Opinion

Ex parte Huckabee

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 4 opinions

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

  1. State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
  2. State ex rel. Driver v. Commissioners of Roads & Revenue of TalladegaSupreme Court of Alabama · 1836

3Cited by4 opinions

  1. Handley v. ShafferSupreme Court of Alabama · 1912
  2. Lewis v. JenkinsSupreme Court of Alabama · 1927
  3. Brody v. ArmstrongSupreme Court of Alabama · 1921
  4. Henry v. State Ex Rel. RambowAlabama Court of Appeals · 1919

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