Dudley v. Fitzpatrick
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. This cause arose out of an application made by the appellee, M. H. Fitzpatrick, for a writ of mandamus, directing the appellant, E. A. Dudley,' who- was then the clerk of the City Court of Bessemer, to deliver to the clerk of the Circuit Court of Jefferson County the original papers, and certified copies of the minute entries and docket, in' a cause then pending in said City Court of Bessemer, wherein one…
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. This cause arose out of an application made by the appellee, M. H. Fitzpatrick, for a writ of mandamus, directing the appellant, E. A. Dudley,' who- was then the clerk of the City Court of Bessemer, to deliver to the clerk of the Circuit Court of Jefferson County the original papers, and certified copies of the minute entries and docket, in' a cause then pending in said City Court of Bessemer, wherein one F. A. Little was plaintiff and applicant was defendant, the relief being based upon an act of the Legislature of…
1Opinion of the CourtDowdell, J.
This is a proceeding by mandamus to compel the removal of a civil cause pending in the city court of Bessemer, Jefferson county, to the circuit court of said county. The petition is filed under the act approved September 26th, 1903, (Acts 1903, page 369.)
The petition was demurred to, and the demurrer being overruled by the court, answer was filed, and upon the hearing of the petition arid answer, a peremptory writ of mandamus was awarded.
*164The validity of the act on which the petition for a mandamus is based is brought into question, both by the demurrer and answer, and the grounds stated are.…
2Cases cited1 opinion
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
3Cited by7 opinions
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Tucker v. State Ex Rel. PooleSupreme Court of Alabama · 1935
- Ex parte LowerSupreme Court of Alabama · 1912
- Blue v. EverettSupreme Court of Alabama · 1906
- Cadle v. BlandSupreme Court of Alabama · 1925
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