Ex parte Grantland
Supreme Court of Alabama
MotioN for a mandamus to tbe Circuit Court of Madison, Hon. John E. Moore presiding, to require that court to compel an answer to certain interrogatories in aid of a discovery at law; which the party to whom they were propounded, declined to answer, on the ground that they were impertinent and irrelevant, and he therefore demurred to them; and which the court refused, on motion, to compel him to answer.
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MotioN for a mandamus to tbe Circuit Court of Madison, Hon. John E. Moore presiding, to require that court to compel an answer to certain interrogatories in aid of a discovery at law; which the party to whom they were propounded, declined to answer, on the ground that they were impertinent and irrelevant, and he therefore demurred to them; and which the court refused, on motion, to compel him to answer. The plaintiff in the action, by whom the interrogatories were propounded, excepted to the ruling of the court on his motion; and the record of the proceedings is made a part of his present…
1Opinion of the CourtStone, J.
If the testimony sought to be elicited by the several interrogatories to which the demurrer was sustained, is not relevant to some one of the issues, the motion for mandamus must be overruled.
The action, in aid of which the interrogatories were filed, was brought by petitioner, as administrator of Walter Grant-land, against Nicholas Lewis. The complaint contained several counts; for’work and labor done, for negro hire, on an account stated, for money had and received, for money lent, and for money paid. The defendant pleaded non assumpsit, set-off, and the statute of limitations of three and…
2Cited by6 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- Martin v. StateSupreme Court of Alabama · 1878
- Ex Parte StateSupreme Court of Alabama · 1928
- Ex Parte BensonSupreme Court of Alabama · 1942
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