Atkins v. Siddons
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. Luther E. Smith. This case originated in a petition filed by the appellee, Gilbert L. Siddons, praying for a writ of prohibition from the Circuit Court, to quash and prevent proceedings under an execution, issued by a justice of the peace, in favor of W. T. Atkins, and against said Siddons.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. Luther E. Smith. This case originated in a petition filed by the appellee, Gilbert L. Siddons, praying for a writ of prohibition from the Circuit Court, to quash and prevent proceedings under an execution, issued by a justice of the peace, in favor of W. T. Atkins, and against said Siddons. Said Siddons had instituted an action of detinue, or statutory action .in the nature of detinue, before said justice of the peace, against said Atkins, to recover the possession of an iron safe; and the property had been delivered to him, on…
1Opinion of the CourtSomeryille, J.
The writ of prohibition is an extraordinary judicial writ, issuing from a superior to an inferior court, and designed to prevent such inferior tribunal from usurping jurisdiction with which it is not constitutionally or legally vested, or to which it has no legal claim. — High on Extr. Rem. § 762. It is, however, never allowed, even in cases of usurpation or abuse of power, unless existing remedies are inadequate or inapplicable. It is always a good reason for withholding the writ, if the party aggrieved has another and complete remedy at law, by which the desired end can be satisfactorily…
2Cases cited4 opinions
- Ex parte GreeneSupreme Court of Alabama · 1856
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- Ex parte PetersonSupreme Court of Alabama · 1858
- Kyle v. EvansSupreme Court of Alabama · 1842
3Cited by14 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- State Ex Rel. McQueen v. BrandonSupreme Court of Alabama · 1943
- State ex rel. Turner v. BradleySupreme Court of Alabama · 1901
- Ex Parte CoxSupreme Court of Alabama · 1935
- Hill v. WittmeierSupreme Court of Alabama · 1923
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