Ex Parte Eubank
Supreme Court of Alabama
Petition by John Eubank for mandamus directing the Hon. Hugh A. Locke, as one of the Judges of the Tenth Judicial Circuit, to correct an order or decree issued in the case of John Eubank against Myrtis Eubank. Mandamus was the proper remedy. 144 Ala. 414, 39 South. 237; 203 Ala. 204, 82 South. 454. The complainant had a right to proceed with his suit, and the decree staying the same was error. 53 S. E. 630; 201 Ala. 520, 78 South. 874 ; 93 U. S. 274, 23 L. Ed. 914;- 167 ü.
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Petition by John Eubank for mandamus directing the Hon. Hugh A. Locke, as one of the Judges of the Tenth Judicial Circuit, to correct an order or decree issued in the case of John Eubank against Myrtis Eubank. Mandamus was the proper remedy. 144 Ala. 414, 39 South. 237; 203 Ala. 204, 82 South. 454. The complainant had a right to proceed with his suit, and the decree staying the same was error. 53 S. E. 630; 201 Ala. 520, 78 South. 874 ; 93 U. S. 274, 23 L. Ed. 914;- 167 ü. S. 409, 17 Sup. Ct. 841, 42 L. Ed. 215. Mandamus was not the proper remedy. 52 Ala. 87, 23 Am. Rep. 559; 52 Ala. 98; 5S…
1Opinion of the CourtMiller, J.
John Eubank filed bill of complaint for divorce against Myrtis Eubank on the ground of adultery. The defendant filed answer in the nature of a cross-bill denying the allegations of the bill of complaint, and seeking divorce on tbe ground, of cruelty, and prays for alimony pendente lite, permanent alimony, and solicitor’s fee for prosecuting the suit.
The court ordered a reference for facts on which to fix alimony pendente lite and solicitor’s fee for representing her in this cause. It was held by tbe register, Re made report to tbe court, and tbe court entered tbe following decree, to which…
2Cases cited8 opinions
- Brady v. BradySupreme Court of Alabama · 1905
- Brindley v. BrindleySupreme Court of Alabama · 1898
- Hines v. HinesSupreme Court of Alabama · 1920
- Ex parte JonesSupreme Court of Alabama · 1911
- Ex parte EdwardsSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Bell v. BellSupreme Court of Alabama · 1926
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Sharp v. SharpSupreme Court of Alabama · 1935
24 more not listed; retrieve them via the Exa API.