Ex parte Jonas
Supreme Court of Alabama
Original petition, in tbe Supreme Court. Petition by Rebecca Jonas for a writ of mandamus directed to the judge of the law and equity court of Mobile county to compel him to refuse to grant an appeal from an order entered by him discharging a trustee.
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Original petition, in tbe Supreme Court. Petition by Rebecca Jonas for a writ of mandamus directed to the judge of the law and equity court of Mobile county to compel him to refuse to grant an appeal from an order entered by him discharging a trustee. A supersedeas can operate only upon so much of the decree as is not self-executed, and cannot operate to restore the trustee to the trusteeship. — High on Injunction, 1698-a; Elliott on Appellate Procedure, §§ 391-2; 110 Inda. 240; 64 Cal. 44; 11 page 379. No appeal in Alabama can operate as a supersedeas except in cases falling within the…
1Opinion of the Court
GARDNER, J. —
On the 20th day of March, 1911, the Leinkauf Banking Company, a corporation, executed and delivered to one Harry B. Pake a deed of general assignment for the benefit of its creditors, and the said Pake, on March 23, 1911, filed a petition in the law and equity court of Mobile, under the provisions of our statute (section 6060, Code), for the administration of said trust. The law and equity court assumed thereby jurisdiction of the administration of said trust, and the same is now pending in said court. The petitioners herein, who are ordinary creditors of the said Leinkauf…
2Cases cited12 opinions
- McPherson v. CoxSupreme Court of the United States · 1878
- Robinson v. PierceSupreme Court of Alabama · 1897
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Adams v. SayreSupreme Court of Alabama · 1884
- Cavender v. CavenderSupreme Court of the United States · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- First Ala. Bank of Montgomery, NA v. MartinSupreme Court of Alabama · 1983
- Lindsey v. BartonSupreme Court of Alabama · 1954
- Hayes v. HayesSupreme Court of Alabama · 1915
- Western Grain Company CasesSupreme Court of Alabama · 1955
- Riley v. BradleySupreme Court of Alabama · 1948
36 more not listed; retrieve them via the Exa API.