Sanders v. Young

The appeal seeks a review of the ruling sustaining defendant’s demurrers to plaintiff’s petition for mandamus.

The several demurrers are properly grouped by the trial court. The court was correct in the holding that the petition for the writ to enforce a mere private right was properly filed in the name of Sanders. Bryce v. Burke, Probate Judge, 172 Ala. 219, 231, 55 So. 635; Hasty v. Marengo County Bank, 206 Ala. 280, 89 So. 433.

The petition was not required to set out in full or state the provisions of the act creating the inferior court of Huntsville. Being a local, and not a private, law,…