In re State ex rel. Attorney General
Supreme Court of Alabama
Original petition in the Supreme Court. Mandamus by the state on the relation of the attorney general to compel the annuli ng of an order quashing a writ of seizure and restore the order directing the issuance and execution of a writ of seizure, directed to the judge of the Morgan Law & Equity Court.
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Original petition in the Supreme Court. Mandamus by the state on the relation of the attorney general to compel the annuli ng of an order quashing a writ of seizure and restore the order directing the issuance and execution of a writ of seizure, directed to the judge of the Morgan Law & Equity Court. The statute authorizes the writ, whenever the judge is satisfied by the affidavit of any one that there is probable, cause to believe there exists grounds for the issuance thereof. — Section 20, Acts 1909, p. 73; 53 Amer. Dec. 270; 47 Maine, 248; 6 W. & S. 480; 62 Pac. 686. An affidavit may be…
1Opinion of the Court
MAYFIELD, -J
The state, on the relation of Samuel Blackwell, its solicitor for Morgan county, filed its bill under sections 19 et seq. of the “Puller Bill” *641(Acts. 1909, pp. 63-96), against'Bud Cummings, to abate a liquor nuisance. On tbe filing of tbe bill a preliminary injunction issued, in accordance with the prayer thereof, and a writ of seizure issued, as provided for in section 20 of the Fuller Bill (Acts 1909, pp. 70, 71, and 72). Shortly after the issuance of the injunction and the writ of seizure, the defendant, Bud Cummings, by his attorneys, moved the court to quash the writ of…
2Cases cited7 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Mugler v. KansasSupreme Court of the United States · 1887
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Fulton v. StateSupreme Court of Alabama · 1911
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3Cited by5 opinions
- Dowda v. StateSupreme Court of Alabama · 1919
- Garrett v. State Ex Rel. MatthewsSupreme Court of Alabama · 1938
- Greenwood v. BailesSupreme Court of Alabama · 1935
- C. D. Hauger Co. v. AbramsonSupreme Court of Alabama · 1926
- Howell v. State Ex Rel. GoodrichSupreme Court of Alabama · 1948