Lybrand v. Forman

LAWSON, Justice.

This is a mandamus proceeding instituted in the circuit court of St. Clair County by W. W. and Lena Lybrand, appellants here, to require the appellee, as probate judge of St. Clair County, to vacate an order entered by him as such probate judge in a proceeding filed by the Town of Pell City seeking the condemnation of certain land belonging to the Lybrands.

Upon the filing .of the petition for mandamus, it was ordered that alternative writ of mandamus issue to respondent. The alternative writ was duly issued. After the issuance of the alternative writ, the respondent interposed…