Ex parte Wiley
Supreme Court of Alabama
Appeal from Circuit Court of Pike. Tried before Hon. Henry. D. Clayton. Tbe petitioner, wbo was tbe duly elected, qualified, and . acting solicitor of Pike county,' was indicted by tbe grand jury of that county fqr carrying concealed weapons. On tbe filing of tbe indictment, tbe judge made an order suspending bim from office, and appointing another in bis stead temporarily.
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Appeal from Circuit Court of Pike. Tried before Hon. Henry. D. Clayton. Tbe petitioner, wbo was tbe duly elected, qualified, and . acting solicitor of Pike county,' was indicted by tbe grand jury of that county fqr carrying concealed weapons. On tbe filing of tbe indictment, tbe judge made an order suspending bim from office, and appointing another in bis stead temporarily. At a subsequent day of tbe term, petitioner made a motion to vacate and set aside tbe order suspending bim, wbicb tbe court refused. He now applies for a writ of mandamus to compel tbe vacation of tbe order. Tbe only power…
1Opinion of the CourtBrickell, C. J.
While tbe current of authority does not recognize mandamus as an appropriate remedy to test a disputed title to a public office, or in tbe first instance to compel tbe admission of a claimant, yet if tbe rightful officer, *227in the actual enjoyment of the office, is wrongfully removed, it is generally regarded as the proper remedy to compel his restoration.—High on Ex. Rem. § 67; Ang. & Ames on Cor. § 704; Moses on Mandamus, 149. Not only removal, but suspension from office, will warrant the granting of the writ, for, it is said, suspension is a temporary amotion, and under pretense of repeated…
2Cases cited1 opinion
- Montgomery County v. BarberSupreme Court of Alabama · 1871
3Cited by35 opinions
- Donahue v. County of WillIllinois Supreme Court · 1881
- Terrell v. GreeneTexas Supreme Court · 1895
- Moore v. StricklingWest Virginia Supreme Court · 1899
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Lynch v. ChaseSupreme Court of Kansas · 1895
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