Ex parte Branch & Co.
Supreme Court of Alabama
Application by petition by Thomas Branch & Co. and others, for a writ of prohibition, or other remedial writ, directed to Hon. Charles Turner, chancellor of the Middle Chancery Division, to restrain the confirmation by bim, in vacation, of a report of sale made by the register in chancery at Selma, under a decree foreclosing a mortgage. cited Cullum v. Casey & Co., 1 Ala. 351; Byrd v. McDaniel, 26 Ala. 582; Qarlick v. Dunn, 42 Ala. 404; Wightman v. Karsner, 20 Ala. 446 >…
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Application by petition by Thomas Branch & Co. and others, for a writ of prohibition, or other remedial writ, directed to Hon. Charles Turner, chancellor of the Middle Chancery Division, to restrain the confirmation by bim, in vacation, of a report of sale made by the register in chancery at Selma, under a decree foreclosing a mortgage. cited Cullum v. Casey & Co., 1 Ala. 351; Byrd v. McDaniel, 26 Ala. 582; Qarlick v. Dunn, 42 Ala. 404; Wightman v. Karsner, 20 Ala. 446 > Coleman v. Smith, 55 Ala. 368; 94th Buie of Chancery Practice. cited tbe 1st Buie of Chancery Practice.
1Opinion of the CourtBbickell, C. J.
-This is an application for a prohibition, or other remedial writ, directed to the chancellor of the Middle Division, commanding bim to desist from proceeding, against the objection of tbe. relators, who appear to be parties in interest, to the confirmation, on any other than a day of the appointed term of the court, of a sale of tbe railroad, franchises, fixtures, rolling stock, and other property of tbe Selma, Borne and Dalton Bailroad Company, made by tbe register of the fifth district, under a foreclosure decree. *384The ground of the application is, that, except in term time, at the time and…
2Cases cited5 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Garlick v. DunnSupreme Court of Alabama · 1868
- Cullum v. Casey & Co.Supreme Court of Alabama · 1840
3Cited by39 opinions
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- State v. ScottSupreme Court of North Carolina · 1921
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- State v. . ScottSupreme Court of North Carolina · 1921
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