Ex parte Randall
Supreme Court of Alabama
Original Petition in Supreme Court. Mandamus, on the relation of W. H. Bandall, against the Yelloiv Pine Lumber Company, to compel the dismissal of a suit. An attorney is but a special agent. — Robinson v. Murphy, 69 Ala. 547; Chapman v. Coartes, 41 Ala. 103. A client may dismiss a suit without knowledge or assent of the attorney.— White v. Ramee, 16 Ala. 345; Cameron v. Boeger, 93 Am. St. Bep. 165; Williams v. Miles, 93 Neb. 851; Peoples Baoilc v. ¡Superior Court,.43 Am.
Read the full summary
Original Petition in Supreme Court. Mandamus, on the relation of W. H. Bandall, against the Yelloiv Pine Lumber Company, to compel the dismissal of a suit. An attorney is but a special agent. — Robinson v. Murphy, 69 Ala. 547; Chapman v. Coartes, 41 Ala. 103. A client may dismiss a suit without knowledge or assent of the attorney.— White v. Ramee, 16 Ala. 345; Cameron v. Boeger, 93 Am. St. Bep. 165; Williams v. Miles, 93 Neb. 851; Peoples Baoilc v. ¡Superior Court,.43 Am. St. Bep. 147. A client may settle or compromise with the opposite party and exclude the attorney’s lien. — 3 A. & E. Ency.…
1Opinion of the Court
SIMPSON, J. —
This was an application for a writ of mandamus to the judge of the Thirteenth judicial circuit to compel the dismissal of a suit. The facts are that a suit was brought in said court by lawjmrs of Moble, in the name of W. H. Randall, against the Yellow Pine Lumber Company, in the circuit court of Washington county; the complaint contained the general counts and being based on an account. The suit was commenced October 9, 1903. ■ After said case had been to the Supreme Court and returned to the docket, it was called for trial on March 6, 1906, at which time counsel for defendant…
2Cases cited11 opinions
- Cameron v. BoegerIllinois Supreme Court · 1902
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
- Cunningham v. CarpenterSupreme Court of Alabama · 1846
- Rice v. RiceSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Ide v. JohnsonSupreme Court of Alabama · 1934
- Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911
- Alabama Water Co. v. City of Jasper Ex Rel. CainSupreme Court of Alabama · 1924
- Elliott v. McCraneyAlabama Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.