State Ex Rel. Denson v. Miller
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by the State of Alabama, on the relation of W. A. Denson, for writ of mandamus directed to Prank Miller, as president of the jury commission of Shelby county, and others, to require the commission to fill the jury box as required by statute. Erom decree denying relief and dismissing the petition, relator appeals.
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Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by the State of Alabama, on the relation of W. A. Denson, for writ of mandamus directed to Prank Miller, as president of the jury commission of Shelby county, and others, to require the commission to fill the jury box as required by statute. Erom decree denying relief and dismissing the petition, relator appeals. The petition is filed by Denson as relator and as intervening for the plaintiff; in a cause pending in the circuit court of Shelby county for damages for personal injury in a case styled Perkins, Administrator,…
1Opinion of the CourtSomerville, J.
[1] If the material allegations of the petition are true, the jury box of Shelby county v'as unlawfully emptied and illegally and fraudulently refilled, and it is w'ithin the jurisdiction, as it is within the duty, of the circuit court of the county to condemn that illegality and fraud by ordering the box to be fully purged of its contents and refilled according to law. Jury Commission of Morgan County v. State ex rel. Atty. Gen., 178 Ala. 412, 59 South. 594.
[2] We presume that the ■ learned trial judge denied the writ in this case because he conceived that the special relief prayed for,…
2Cases cited2 opinions
- State ex rel. Brickman v. WilsonSupreme Court of Alabama · 1898
- Jury Commission Morgan County v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1912
3Cited by7 opinions
- Garner v. StateSupreme Court of Alabama · 1921
- Bell v. TerrySupreme Court of Alabama · 1925
- Ex Parte CrossSupreme Court of Alabama · 1945
- State Ex Rel. Davis v. CurtisSupreme Court of Alabama · 1922
- Wilson v. BrownSupreme Court of Alabama · 1941
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