Mobile Mutual Insurance v. Cleveland
Supreme Court of Alabama
Appeal from order and judgment rendered by Hon. Wm. E. Clarice, presiding judge of the first judicial circuit, sustaining a demurrer to a petition filed- by tbe appellant, asking for a mandamus to C. B. Cleveland, as clerk of the Circuit Court of Marengo county, requiring him to approve an attachment bond, which had been tendered by the appellant for his approval, in a case pending in said court, wherein said appellant and petitioner was plaintiff, and Askew Brothers were…
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Appeal from order and judgment rendered by Hon. Wm. E. Clarice, presiding judge of the first judicial circuit, sustaining a demurrer to a petition filed- by tbe appellant, asking for a mandamus to C. B. Cleveland, as clerk of the Circuit Court of Marengo county, requiring him to approve an attachment bond, which had been tendered by the appellant for his approval, in a case pending in said court, wherein said appellant and petitioner was plaintiff, and Askew Brothers were defendants. On the filing of the petition, an order was made by Judge Clarke, dated “at chambers, St. Stephens, Washington…
1Opinion of the CourtStone, C. J.
— There is, in this case, a joinder in error, and a submission of the cause on briefs of counsel, without any motion to dismiss the appeal, or to reject the transcript. We will not consider any question of the regularity, either of the appeal, or of the certified record sent up for review. — 1 Brick. Dig. 103, §§ 289, 290.
An application was made in the Circuit Court for a mcmdamus, to compel the clerk of Marengo Circuit Court to approve an amended attachment bond, tendered in the case of appellant v. Askew Brothers. The clerk had refused to approve the bond tendered. There was a demurrer to…
2Cases cited4 opinions
- Gulick v. NewIndiana Supreme Court · 1860
- Ex parte HarrisSupreme Court of Alabama · 1875
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- McDuffie v. CookSupreme Court of Alabama · 1880
3Cited by23 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Moore v. SpierSupreme Court of Alabama · 1885
- Foshee v. State Ex Rel. MesserSupreme Court of Alabama · 1923
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- French v. JonesMassachusetts Supreme Judicial Court · 1906
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