Ex parte Mobile & Ohio Railroad
Supreme Court of Alabama
Application by petition, verified by affidavit, for a writ of prohibition, or other appropriate remedial writ, to the Circuit Court of Mobile, Hon. H. T. Toulmin presiding, to restrain any further proceedings in a certain cause or suit, therein lately instituted by the American Union Telegraph Company, a corporation chartered under the laws of Louisiana, to procure by the judgment of the court an easement for the erection of its poles and wires over and along the line of the…
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Application by petition, verified by affidavit, for a writ of prohibition, or other appropriate remedial writ, to the Circuit Court of Mobile, Hon. H. T. Toulmin presiding, to restrain any further proceedings in a certain cause or suit, therein lately instituted by the American Union Telegraph Company, a corporation chartered under the laws of Louisiana, to procure by the judgment of the court an easement for the erection of its poles and wires over and along the line of the Mobile and Ohio Railroad; 'to which cause or proceeding the said railroad company was made a defendant, and which it…
1Opinion of the CourtBrickell, C. J.
This is an application for a writ of prohibition,.or other remedial writ, directed to the judge of the Circuit Court of Mobile county, commanding him to desist from further proceedings in a cause, which the petitioner had, under the act of Congress of March 3, 1875, taken the necessary steps "to remove into the Circuit Court of the United States. The proposition of the relator — that which must be maintained, to authorize the issue of a writ *351of prohibition — is, that having filed a petition, in proper form, accompanied with a bond conforming to the act of Congress, the sufficiency of which is…
2Cases cited2 opinions
- Ex parte GreeneSupreme Court of Alabama · 1856
- Ex parte GrimballSupreme Court of Alabama · 1878
3Cited by9 opinions
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- Corley v. Adair County CourtCourt of Criminal Appeals of Oklahoma · 1913
- Ex Parte CoxSupreme Court of Alabama · 1935
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