Legal Opinion

Ex Parte State

Supreme Court of Alabama

Decided January 12, 1928No. 6 Div. 3PublishedCited by 6 opinions

1Opinion of the Court

The facts stated in the petition show that a legal right — the right to require his adversary in the pending suit to answer the petitioner's interrogatories, filed under section 7764 of the Code — has been denied to him for the redress of which the writ of mandamus is the appropriate remedy. Robinson v. Craig, 16 Ala. 50; Mallory v. Matlock, 7 Ala. 757; Id.,10 Ala. 595.

We do not overlook the decision in Ex parte Grantland,29 Ala. 69, that the writ will not be granted in such cases when it appears that the interrogatories to which it is directed call for irrelevant evidence. But the petition…

2Cases cited4 opinions

  1. Mallory v. MatlockSupreme Court of Alabama · 1846
  2. Ex parte GrantlandSupreme Court of Alabama · 1856
  3. Mallory v. MatlockSupreme Court of Alabama · 1845
  4. Robinson v. CraigSupreme Court of Alabama · 1849

3Cited by6 opinions

  1. Ex Parte NolenSupreme Court of Alabama · 1931
  2. Ex Parte BensonSupreme Court of Alabama · 1942
  3. Ex Parte KelleyAlabama Court of Appeals · 1941
  4. Ex parte WoodSupreme Court of Alabama · 1950
  5. Ex Parte Alabama Power Co.Supreme Court of Alabama · 1967

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