Ex parte O'Neal
Supreme Court of Alabama
Original petition to the Supreme Court by Clant O’Neal for mandamus to compel the circuit judge of Covington county to transfer relator’s cause to the city court of Andalusia. The whole question involved is whether the act creating the city court of Andalusia is violative of the constitution. Construing sections 2 and 3 together, it will be observed that no attempt is made to take away any of the jurisdiction of the circuit court.
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Original petition to the Supreme Court by Clant O’Neal for mandamus to compel the circuit judge of Covington county to transfer relator’s cause to the city court of Andalusia. The whole question involved is whether the act creating the city court of Andalusia is violative of the constitution. Construing sections 2 and 3 together, it will be observed that no attempt is made to take away any of the jurisdiction of the circuit court. Under this view the writ should be granted. — State esc red. Wood, 44 South. 635. The act gives the city court of Andalusia exclusive .jurisdiction and requires all…
1Opinion of the CourtSimpson, J.
Tlie relator, Clant O’Neal, was indict-' ed in the circuit court of Covington county for assault and battery, and applied to said court to have his case transferred to the city court of Andalusia, under the act of the Legislature approved March 5, 1907 (Loc. Acts 1907, p. 329). The judge of said circuit court refused to transfer said case, malting an order that said case would not be so transferred, but would be tried in said circuit court. Thereupon the said relator filed the petition to this court for a writ of mandamus to said circuit judge, requiring him to transfer said case in…
2Cases cited5 opinions
- Connelly v. StateSupreme Court of Alabama · 1877
- Adcock v. StateSupreme Court of Alabama · 1904
- Ex parte State ex rel. WoodSupreme Court of Alabama · 1907
- State v. FullerSupreme Court of Alabama · 1906
- Henry v. Board of RevenueSupreme Court of Alabama · 1907
3Cited by6 opinions
- Christian v. StateSupreme Court of Alabama · 1911
- State v. RodenAlabama Court of Appeals · 1916
- Richter v. StateSupreme Court of Alabama · 1908
- Foreman v. DavisSupreme Court of Alabama · 1939
- Ireland v. StateAlabama Court of Appeals · 1914
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