Brody v. Armstrong
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Petition by M. Brody for mandamus to be directed to Hunter Armstrong, as Register in Chancery and Commissioner, to require him to reduce the answers of petitioner to writing in relator’s presence, etc. Decree denying petition, and relator appealed.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Petition by M. Brody for mandamus to be directed to Hunter Armstrong, as Register in Chancery and Commissioner, to require him to reduce the answers of petitioner to writing in relator’s presence, etc. Decree denying petition, and relator appealed. Appellant filed his petition in the circuit court of Jefferson county, seeking a writ of mandamus against Hunter Armstrong, register in chancery, who, as commissioner, was taking the oral depositions of appellant who was examined in a cause then pending upon the equity docket in…
1Opinion of the CourtGardner, J.
[1] Tho petitioner in this cause, appellant here, was being examined orally before a commissioner agreed upon by the parties in an equity suit then pending in the circuit court of Jefferson county, and he insists by this proceeding that upon such examination his legal rights are being denied in that the testimony is being taken in shorthand to be subsequently transcribed into the F,ngl-ish language, and that this is violative of the provisions of section 4039 of the Code of 1907, which places the duty upon the commissioner to reduce the answer to writing or cause the same to be done. The…
2Cases cited4 opinions
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Moller v. United StatesCourt of Appeals for the Fifth Circuit · 1893
- Ex parte HuckabeeSupreme Court of Alabama · 1882
- Howerton v. AugustineSupreme Court of Iowa · 1911
3Cited by8 opinions
- Poyner v. WhiddonSupreme Court of Alabama · 1937
- Ex Parte TaylorSupreme Court of Alabama · 1938
- Ex Parte BrandonSupreme Court of Alabama · 1943
- Ex Parte AlphonseSupreme Court of Alabama · 1954
- Ex Parte SmithSupreme Court of Alabama · 1934
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