Ex parte Hickey
Supreme Court of Alabama
This was an application for a mandamus to compel the judge of the Ninth Judicial Circuit (Hon. H. D. Clayton) to transfer the trial of an indictment against petitioner pending in the circuit court to the city court of Eufaula. The facts upon which the application was based are set forth in the opinion.
1Opinion of the CourtBrickell, C. J.
An indictment having been presented against the petitioner in the circuit court of Barbour county, at the fall term, 1874,- during the term he applied for a change of venue, or, more properly speaking, a transfer of the cause, from the circuit court to the city court of Eufaula. The application was refused, and he now moves this court for a mandamus to compel the circuit court to make the order of transfer. The right to the transfer is rested on the seventeenth section of an act of the general assembly, approved February 14, 1870, entitled, “An Act to establish the city court of Eufaula,”…
2Cases cited1 opinion
- Ex parte PollardSupreme Court of Alabama · 1866
3Cited by1 opinion
- State v. FullerSupreme Court of Alabama · 1906