Ex parte Holton
Supreme Court of Alabama
Application to tliis court for a writ of mcmdamus, to compel ILon. Leroy F. Box, judge of the seventh judicial circuit, presiding at Etowah Circuit Court, to strike from the docket of said court, a cause thereon. In 1869, M. J. Turnley. commenced an action of forcible entry and detainer against W. Ii.
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Application to tliis court for a writ of mcmdamus, to compel ILon. Leroy F. Box, judge of the seventh judicial circuit, presiding at Etowah Circuit Court, to strike from the docket of said court, a cause thereon. In 1869, M. J. Turnley. commenced an action of forcible entry and detainer against W. Ii. Holton and others, the relators, before a justice of the peace in He Kalb county, and soon thereafter obtained a judgment, from which the relators appealed to the Circuit Court of said county. At the Fall Term, 1.S73, on the plaintiff’s motion, a change of venue was granted to Etowah county, and…
1Opinion of the CourtStone, J.
Whén a change of venue is obtained in a civil cause, the statute, Code of 1876, §3119, declares that “the clerk or messenger is entitled to five cents per. mile, and tolls and ferriages, going and returning, which must be paid in advance by the party applying for the change of venue.” The plain import of.this statute is, that the clerk shall not be required to transmit the transcript and original papers, 'for which § 3118 makes provision, unless such prepayment of- fees for the messenger be first made. The section of' the Code above copied has a further provision, as follows; “ If paid [the…
2Cases cited9 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Harrall v. StateSupreme Court of Alabama · 1855
- Ex parte GarlandSupreme Court of Alabama · 1868
- Hudson v. PletsNew York Court of Chancery · 1844
- Ex parte RemsonSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ex parte DoakSupreme Court of Alabama · 1914
- Miller v. StateSupreme Court of Alabama · 1895
- Ex Parte MorrowSupreme Court of Alabama · 1953
- Stevens v. StateSupreme Court of Alabama · 1902
- Phillips v. ReavesSupreme Court of Alabama · 1935
8 more not listed; retrieve them via the Exa API.