Legal Opinion

Ex Parte Collins

Supreme Court of Alabama

Decided February 20, 1981No. 79-954PublishedCited by 2 opinions

1Opinion of the Court

This case is before this Court on the petition of Marie Collins seeking a writ of mandamus requiring the trial court to vacate its order striking Collins's demand for jury trial in the proceedings below. We deny the relief sought.

Ralph E. Slate, a practicing attorney in Morgan County, instituted an attorney's lien enforcement suit under the authority of § 34-3-61, Code of Alabama 1975. Collins made a demand for a jury trial, which Slate moved to strike. The trial judge granted the motion, finding that there was no right to a jury trial in a suit to enforce an attorney's lien.

The only issue…

2Cases cited3 opinions

  1. Mobley v. MooreSupreme Court of Alabama · 1977
  2. Cumens v. GarrettSupreme Court of Alabama · 1975
  3. Peach v. DrennenSupreme Court of Alabama · 1950

3Cited by2 opinions

  1. Brown Mech. Contractors, Inc. v. Centennial Ins. Co.Supreme Court of Alabama · 1983
  2. Richey v. CreelCourt of Civil Appeals of Alabama · 1983

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