Ex parte State ex rel. Stow
Supreme Court of Alabama
Application by petition in tbe name of tbe State of Alabama, on tbe relation of James P. Stow and others, for a writ of mandamus to Hon. Adam C. Feldee, chancellor of the southern chancery division, presiding at Montgomery, to compel him to reinstate on the docket of the chancery court at Montgomery a certain cause lately pending in said court, which was an information filed in the name of the State, on the relation of James P. Stow and others, citizens and taxpayers of the…
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Application by petition in tbe name of tbe State of Alabama, on tbe relation of James P. Stow and others, for a writ of mandamus to Hon. Adam C. Feldee, chancellor of the southern chancery division, presiding at Montgomery, to compel him to reinstate on the docket of the chancery court at Montgomery a certain cause lately pending in said court, which was an information filed in the name of the State, on the relation of James P. Stow and others, citizens and taxpayers of the city of Montgomery, against the corporate authorities of said city, to restrain the collection of a tax levied by them…
1Opinion of the CourtPeters, C. J.
This is an application for mandamus against the chancellor of the southern chancery division of the State, to compel him to reinstate a cause on the docket, which has been improperly stricken from the same, by order of said chancellor. There was a rule nisi granted in the first instance, according to the usual practice of this court (Ex parte Lowe, 20 Ala. 330, 334); and the chancellor, having been duly served with the rule thus granted, now seeks to be discharged upon his answer to the same.
1. There can be no doubt that mandamus is a proper remedy, under our practice, in such a case as this.…
2Cases cited2 opinions
- Ex parte LoweSupreme Court of Alabama · 1852
- Phillips, Goldsby & Blevins v. Beene's Adm'rSupreme Court of Alabama · 1862
3Cited by9 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Davis v. McCollochSupreme Court of Alabama · 1914
- Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
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