Ex Parte South & North Alabama Railroad
Supreme Court of Alabama
This was an application to this court for a mandamus to compel- the circuit court Montgomery county, Hon. J. Q. Smith, presiding, to set aside an order continuing a garnishment suit for further answer, and refusing to discharge the garnishee upon his uncontested answer. The facts of the case are set forth sufficiently in the opinion.
1Opinion of the CourtPeters, J.
This is an application for mandamus. It has now been too long and thoroughly settled by the decisions of this court, to admit of doubt, that “an application for a mandamus will only be granted when the petitioner shows a clpar legal right, and there is no other legal remedy to enforce it.” — Tarver v. Commissioners’ Court of Tallapoosa, 17 Ala. 527, 528; Chisholm v. McGhee, 41 Ala. 192; Ex parte Garland, 42 Ala. 559.
It is not necessary to discuss the merits of the answer of the petitioner to the garnishment in the case out of which this application has arisen, but gply so much of the *655proceedin…
2Cases cited6 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Ex parte GarlandSupreme Court of Alabama · 1868
- Ex parte ElstonSupreme Court of Alabama · 1854
- Ex parte City CouncilSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- Dudley v. WitterSupreme Court of Alabama · 1871
- Ex Parte DriverSupreme Court of Alabama · 1952
- Ex parte Scudder-Gale Grocery Co.Supreme Court of Alabama · 1898
- South & North Alabama Railroad v. FalknerSupreme Court of Alabama · 1873
5 more not listed; retrieve them via the Exa API.