Withers v. State ex rel. Posey
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The -record in this ease shows, that on the 16th April, 1860, Ben Lane Posey' made an application to said court for a mandamus, to be directed to Jones M. "Withers, the mayor of the city of Mobile, commanding him to allow said relator to appear as an attorney and counsellor at the bar of the mayor’s court.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The -record in this ease shows, that on the 16th April, 1860, Ben Lane Posey' made an application to said court for a mandamus, to be directed to Jones M. "Withers, the mayor of the city of Mobile, commanding him to allow said relator to appear as an attorney and counsellor at the bar of the mayor’s court. The petition, verified by affidavit, was in the following words; “Your petitioner, on behalf of himself and C. Russell and Robert Daly, respectfully shows the following facts: 1. That your petitioner is a…
1Opinion of the CourtR. W. Walker, J.
1. The motion to dismiss the appeal must be overruled. It is well settled by our previous decisions, that an appeal lies to this court, from a judgment of the circuit court, awarding or refusing a mandamus. — Etheridge v. Hall, 7 Porter, 47; Tarver v. Comm’rs’ Court of Tallapoosa, 17 Ala. 527; Falkner v. Judge, &c., 19 Ala. 177; Brooks v. Kirby, 19 Ala. 74; Riggs v. Pfister, 21 Ala. 469; Tenn. & Coosa Rivers R. R. Co. v. Moore, at this term.
2. The invariable test, by which the right of a party applying for a mandamus is determined, is to inquire, first, whether he has a clear legal right; and…
2Cases cited10 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Clark v. ClarkNew York Supreme Court · 1857
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Etheridge v. HallSupreme Court of Alabama · 1838
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Terrell v. GreeneTexas Supreme Court · 1895
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Walls v. PalmerIndiana Supreme Court · 1878
- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- In Re StephensonSupreme Court of Alabama · 1942
31 more not listed; retrieve them via the Exa API.