Shields v. State ex rel. Lacy
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. Application by petition, in the name of the State on the relation of S. Lacy, “deputy-solicitor for Walker county,” for a mandamus to the Hon. John B. Shields, judge of the County Court of Walker county, requiring him to restore to the docket of that court, for trial, a case therein lately pending against one N. W. Morgan, for a violation of the prohibitory liquor law in force in that county; which…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. Application by petition, in the name of the State on the relation of S. Lacy, “deputy-solicitor for Walker county,” for a mandamus to the Hon. John B. Shields, judge of the County Court of Walker county, requiring him to restore to the docket of that court, for trial, a case therein lately pending against one N. W. Morgan, for a violation of the prohibitory liquor law in force in that county; which case had been transferred to the Circuit Court by said County Court, on the defendant’s demand for a trial by jury. The…
1Opinion of the CourtStone, C. J.
It admits of very grave doubt, whether the deputy-solicitor can make himself the relator, and, without other authority, sue out a mandamus in the name of the State.—Sess. Acts of 1886—7, 161, § 4. But we need not, and do not, decide this question.
The present proceeding was an application by petition to the City Court of Birmingham, praying and obtaining a mandamus to the judge, of the County Court of Walker county, commanding him to reinstate a certain case on his docket, and to hear and determine it. The petition for the writ was filed in the city of Birmingham, December 1, 1888, and the…
2Cases cited1 opinion
- Dunbar v. FrazerSupreme Court of Alabama · 1885
3Cited by1 opinion
- State Ex Rel. Anderson v. ParksSupreme Court of Florida · 1927