Ex Parte Blackburn
Supreme Court of Alabama
Petition by John W. Blackburn and others for mandamus to the Honorable Horace Wilkinson, as Judge of the Tenth Judicial Circuit, to require him to compel Mrs. Moore, a nonresident, to give security for cost before proceeding with habeas corpus to obtain custody of a minor child.
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Petition by John W. Blackburn and others for mandamus to the Honorable Horace Wilkinson, as Judge of the Tenth Judicial Circuit, to require him to compel Mrs. Moore, a nonresident, to give security for cost before proceeding with habeas corpus to obtain custody of a minor child. The provision of section 3687, Code 1907, applies to suits of this character, and security for cost should be required. 174 Ala. 243, 57 South. 16; 20 Ala. 34711 Ala. 435; 128 Ala. 175, 30 South. 792; 14 Pet. 540, 614, 10 L. Ed. 579; 141 Ala. 516, 37 South. 691. The word “suit” is not broad enough to include habeas…
1Opinion of the CourtAnderson, C. J.
This petitioner seeks to mandamus Judge Wilkinson as judge of the Tenth judicial circuit, and thereby direct him to require Mrs. Monnie Moore, a nonresident of this state, to give security-for cost, as provided by section 3687 of the Code of 1907, before proceeding to hear and determine a petition heretofore filed by the said Mrs. Moore in the circuit court of Jefferson county, seeking the custody of her minor child, and to, in effect, modify, change, or alter a decree previously rendered providing for the custody of said child. Said section 3687 reads as follows:
“All suits at law or in…
2Cases cited6 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Ex Parte ShuptrineSupreme Court of Alabama · 1920
- Garrett & Bibb v. TerrySupreme Court of Alabama · 1859
- Stewart v. PaulSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Hall v. KirklandSupreme Court of Alabama · 1932
- Allison v. CoxSupreme Court of Alabama · 1929
- Blackburn v. MooreSupreme Court of Alabama · 1921
- Bureau of Catholic Charities v. DeakleSupreme Court of Alabama · 1950
1 more not listed; retrieve them via the Exa API.