Piggly Wiggly No. 208, Inc. v. Dutton

This is an appeal by Piggly Wiggly No. 208, Inc., and 81 other merchants who do business in Morgan County. The merchants sought a writ of mandamus from the Circuit Court of Morgan County compelling Bob Burrell, the district attorney for the eighth judicial circuit, and Melba Dutton, the clerk of the Morgan County District Court, to prosecute or allow the prosecution of worthless check cases without requiring, as a condition precedent, that the merchants execute affidavits stating that they had not previously turned the bad checks over to a check collection agency. In the alternative, the…