Ex parte Merritt
Supreme Court of Alabama
Appeal from the City Court of Montgomery in Equity. Heard before the Hon. A. D. Sayre. The facts in this case are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery in Equity. Heard before the Hon. A. D. Sayre. The facts in this case are sufficiently stated in the opinion. Mandamus is the proper remedy to compel the vacation of a decree dismissing a bilí as to several defendants, as there is no adequate remedy prescribed by appeal, and there may be a failure of justice otherwise. — Code, 427 and citations; Ex parte Fecheimer, 103 Ala. 154 (discharging injunction) ; Bridgeport v. Bridgeport, etc., 104 Ala. 276, (order to enforce judgment) ; Ex parte Sayre, 95 Ala. 288, (discharging an injunction) ; Ex parte S. & N.…
1Opinion of the CourtSimpson, J.
It appears from the record that the petitioner, Fisher H. Merritt, filed a bill in the city court of Montgomery, sitting in equity, against the Alabama Pyrites Company, Percival H. Smith and O. A. Smith, in connection with other defendants, that said parties filed in said court a motion to dismiss said bill as to them, on the grounds therein stated, that, upon the hearing of said motion, a decree was rendered to the effect that said bill, so far as it sought relief against said parties was without equity, and “that the same do stand dismissed, at the cost of complainant.” The petitioner prays…
2Cases cited21 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Cochran v. MillerSupreme Court of Alabama · 1883
- Ex Parte ParkerSupreme Court of the United States · 1887
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holland v. StateSupreme Court of Alabama · 1909
- Davis v. McCollochSupreme Court of Alabama · 1914
- State v. KumpWyoming Supreme Court · 1956
- Ex parte SmithSupreme Court of Alabama · 1910
- Ex Parte Alabama Power Co.Supreme Court of Alabama · 1967
3 more not listed; retrieve them via the Exa API.