Goodwin v. McConnell
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. J. J. Curtis. Petition by D. O. McConnell, as citizen and taxpayer '.of Payette County, for-a writ of prohibition against E. P. Goodwin, as Judge of Probate in said county, to prevent the said Goodwin as such judge from proceeding to hear and determine a certain proceeding for the condemnation of petitioner’s land for a county public road. From a judgment granting the writ, respondent appeals.
Read the full summary
Appeal from Fayette Circuit Court. Heard before Hon. J. J. Curtis. Petition by D. O. McConnell, as citizen and taxpayer '.of Payette County, for-a writ of prohibition against E. P. Goodwin, as Judge of Probate in said county, to prevent the said Goodwin as such judge from proceeding to hear and determine a certain proceeding for the condemnation of petitioner’s land for a county public road. From a judgment granting the writ, respondent appeals. The right to- the writ is rested upon the allegation that the condemnation proceedings in question were instituted under Local Acts 1911, p. 240,…
1Opinion of the CourtSomerville, J.
The writ of prohibition is a drastic remedy and can be resorted to against a lawful tribunal only to prevent the judge or the court from proceeding in a matter of which it has no jurisdiction; or, when the court, having jurisdiction for a particular purpose, transcends the limits by which it is circumscribed.—Ex parte Brown, 58 Ala. 536; Ex parte Roundtree, 51 Ala. 42, 51.
The writ is not favored in any case where the party complaining may effectively invoke some other remedy provided by law.—Ex parte Peterson, 33 Ala. 76; 32 Cyc. 613, D. The sole inquiry is: “Has the inferior tribunal assumed…
2Cases cited5 opinions
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Ex parte GreeneSupreme Court of Alabama · 1856
- Ex parte WattersSupreme Court of Alabama · 1913
- Ex parte BrownSupreme Court of Alabama · 1877
- Ex parte Montgomery Light & Traction Co.Supreme Court of Alabama · 1914
3Cited by13 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Ex Parte City of TuskegeeSupreme Court of Alabama · 1984
- Barber Pure Milk Co. v. Alabama State Milk Control BoardSupreme Court of Alabama · 1963
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
8 more not listed; retrieve them via the Exa API.