Ex parte Butler-Keyser Mfg. Co.
Supreme Court of Alabama
Original petition in the Supreme Court. Mandamus by the Butler-Keyser Manufacturing Company asking for the rule against S. L. Brewer, judge of the 5th judicial circuit, compelling him to set aside an order staying an action pending in his court.
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Original petition in the Supreme Court. Mandamus by the Butler-Keyser Manufacturing Company asking for the rule against S. L. Brewer, judge of the 5th judicial circuit, compelling him to set aside an order staying an action pending in his court. Writ for mandamus is the only proper and adequate remedy here. — Ex parte Mahone, 30 Ala. 46; State ex rel. v. Williams, 69 Ala. 311; Ex parte Redd, 73 Ala. 548; Ex parte Bar Assn., 92 Ala. 113. There is a clear distinction between a continuance and a stay of procedure, and this case is not at all like those of Ex parte R. R. Go., 44 Ala. 654, and Ex…
1Opinion of the Court
MAYFIELD, J.-
The petitioner brought suit in the circuit court of Coosa county against O. D. Mitchell and T. H. Mitchell, as individuals, and as partners doing-business under the firm name of O. D. Mitchell & Co. Tiie complaint contained five counts, and claimed $3,000 as damages, for the conversion of certain fertilizer whicli the defendants had received under contract as agents of the plaintiff, and which they held in their possession in their fiduciary capacity as such agents, alleging that, while such property was so held, they embezzled and wrongfully appropriated it to their own use.…
2Cases cited1 opinion
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
3Cited by3 opinions
- Ex Parte ThompsonAlabama Court of Appeals · 1929
- Butler-Kyser Mfg. Co. v. Mitchell & Co.Supreme Court of Alabama · 1915
- Ex Parte Jackson Grocery Co.Supreme Court of Alabama · 1930