Ex parte Jones
Supreme Court of Alabama
Application by petition, verified by affidavit, on tbe part of John W. Jones, for a mandamus to the Circuit Court of Morgan county, Hon. H. C. Speake presiding, to compel that court to proceed witb tbe trial and hearing of a certain cause therein pending, wherein the petitioner is plaintiff, and one Jacob T. Cantwell is defendant.
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Application by petition, verified by affidavit, on tbe part of John W. Jones, for a mandamus to the Circuit Court of Morgan county, Hon. H. C. Speake presiding, to compel that court to proceed witb tbe trial and hearing of a certain cause therein pending, wherein the petitioner is plaintiff, and one Jacob T. Cantwell is defendant. A copy of all tbe proceedings had in the suit was annexed to the petition as an exhibit, from which it appears that tbe suit was commenced on the ,30tk May, 1878, and personal service effected on the defendant on the same day; that the defendant appeared and filed…
1Opinion of the CourtStone, J.
The petition sets forth, and the accompanying record shows, that a civil action for damages was pending in the Circuit Court of Morgan county, between Jones as plaintiff, and Cantwell as defendant; and that at the Spring term, 188x, the presiding judge, Hon. H. C. Speake, granted a continuance of the cause, at the instance of the defendant, when the plaintiff was urging a trial. The present application is for a mandamus to the presiding judge, to compel him to hear and try the cause, on the alleged ground, that the defendant showed no sufficient reason why the cause should not be tried, and…
2Cases cited13 opinions
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Dunn v. ClarkeSupreme Court of the United States · 1834
- Insurance Company v. PechnerSupreme Court of the United States · 1877
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
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3Cited by2 opinions
- DeArman v. StateSupreme Court of Alabama · 1884
- Teat v. Chapman & Co.Alabama Court of Appeals · 1911