Ex Parte State Ex Rel. Martin
Supreme Court of Alabama
Petition by the State of Alabama, on the relation of the Attorney General, directed to the- Honorables John H. Miller, John O. Pugh, and Charles W. Ferguson, as Judges of the City Court of Birmingham, requiring them to vacate an order of injunction issued by them on a former occasion.
1Opinion of the CourtMcCLELLAN, J.
[1] The writ of prohibition is the appropriate remedy where the object of its restraint is without jurisdiction to exercise the judicial power over the subject-matter or the parties, and there is no other adequate rémedy. Ex parte State, etc., 150 Ala. 489, 43 South. 490, 10 L. R. A. (N. S.) 1129, 124 Am. St. Rep. 79.
[2] When the Supreme Court of this state is not in actual session, a justice thereof may entertain a petition for the supervisory writ of prohibition (Const. 1901, § 140); may, if he-so concludes upon its consideration, issue an order to the officer -or tribunal, the jurisdiction…
2Cases cited10 opinions
- Fitts v. McGheeSupreme Court of the United States · 1899
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Finklea v. FarishSupreme Court of Alabama · 1909
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- White v. BirchfieldSupreme Court of Alabama · 1991
- State Ex Rel. Davis v. LoveSupreme Court of Florida · 1930
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Caudle v. CottonSupreme Court of Alabama · 1937
- Ex Parte Perry County Board of EducationSupreme Court of Alabama · 1965
15 more not listed; retrieve them via the Exa API.