Ex parte Greene
Supreme Court of Alabama
In this case, ¥m. J. Greene, the comptroller of public accounts, and William Graham, the State treasurer, made application, in behalf of the State, for a, writ of prohibition from this court, to restrain further proceedings in a certain suit instituted in the chancery court at Mobile, by the Mobile and Ohio Railroad Company as complainants, against the rela-tors, the State of Alabama, and the governor of the State.
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In this case, ¥m. J. Greene, the comptroller of public accounts, and William Graham, the State treasurer, made application, in behalf of the State, for a, writ of prohibition from this court, to restrain further proceedings in a certain suit instituted in the chancery court at Mobile, by the Mobile and Ohio Railroad Company as complainants, against the rela-tors, the State of Alabama, and the governor of the State. The bill was filed by the railroad company, to enjoin the sale of certain notes and bonds, which had been previously conveyed by said company, by deed of trust, to said Greene and…
1Opinion of the CourtStone, J.
The constitution of the State of Alabama (Art. V, § 2) confers on this court “ power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs, as may be necessary to give it a general superintendence and control of inferior jurisdictions.”
Prohibition is a writ, “ directed to the judge and parties of a suit in any inferior court, upon a suggestion, that either the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court. * * * It also lies against inferior…
2Cases cited8 opinions
- Hosner v. DeYoungTexas Supreme Court · 1846
- Ex parte WalkerSupreme Court of Alabama · 1854
- Ex parte SmithSupreme Court of Alabama · 1853
- Gedney v. Inhabitants of TewksburyMassachusetts Supreme Judicial Court · 1807
- Garr v. BrightNew York Court of Chancery · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- North Bloomfield Gravel Mining Co. v. KeyserCalifornia Supreme Court · 1881
- Sloss-Sheffield Steel & Iron Co. v. SmithSupreme Court of Alabama · 1911
- State ex rel. Davis v. MortensenNebraska Supreme Court · 1903
- Ex parte StateSupreme Court of Alabama · 1875
29 more not listed; retrieve them via the Exa API.