Legal Opinion

Hill v. Wittmeier

Supreme Court of Alabama

Decided May 3, 1923No. 6 Div. 850PublishedCited by 6 opinions

1Opinion of the CourtGardner, J.

The writ of prohibition is an extraordinary writ, and is only issued when the parties seeking it are without other adequate means of redress for the wrong about to be inflicted by the act of the inferior tribunal.

In Atkins v. Siddons, 66 Ala. 453, in speaking of this writ, the court said:

“It can never be invoked to prevent 'proceedings which are purely ministerial ini tbeir nature, but only those which are of a judicial character. The issue of an execution by a justice of the peace is a ministerial, not a judicial, act; and the writ of prohibition will not, therefore, lie to prevent its…

2Cases cited8 opinions

  1. Cary v. StateSupreme Court of Alabama · 1884
  2. Ex parte SmithSupreme Court of Alabama · 1859
  3. Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
  4. Atkins v. SiddonsSupreme Court of Alabama · 1880
  5. State ex rel. Turner v. BradleySupreme Court of Alabama · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Boyd v. GarrisonSupreme Court of Alabama · 1944
  2. State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
  3. Taylor v. GirardIdaho Supreme Court · 1934
  4. Ex Parte CoxSupreme Court of Alabama · 1935
  5. State Ex Rel. Kane v. DoblerWyoming Supreme Court · 1938

1 more not listed; retrieve them via the Exa API.

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