Ex parte Miller
Supreme Court of Alabama
Frank Miller filed an original petition in this court, addressed to tlie Judges of tlie Supreme Court, asking for the issuance of a writ of prohibition, mandamus or other remedial writ, to vacate and annul a decree rendered on January 21, 1901, by the chancellor of the northeastern chancery division in contempt proceedings, to prohibit and prevent the said chancellor in the enforcement of said decree or in said contempt proceeding's in said cause.
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Frank Miller filed an original petition in this court, addressed to tlie Judges of tlie Supreme Court, asking for the issuance of a writ of prohibition, mandamus or other remedial writ, to vacate and annul a decree rendered on January 21, 1901, by the chancellor of the northeastern chancery division in contempt proceedings, to prohibit and prevent the said chancellor in the enforcement of said decree or in said contempt proceeding's in said cause. The contempt proceedings were had in the suit pending in the chancery court of Shelby county wherein William Kirkpatrick and 'Sarah Kirkpatrick…
1Opinion of the CourtHaralson, J.
1. In this State it is provided that injunctions can he issued alone, upon the execution of bonds, such -as are prescribed by the statute. Section 7S6 of the Code provides, that no injunction must issue to stay proceedings after judgment in a personal action until'the party applying for it gives bond and security, as prescribed. Section 787 directs, that no injunction must issue to stay proceedings 'at law for the recovery of land, unless the party give bond and security as provided; and section 788 requires, that in other cases, — than tlv-o-se specified above, — the party must give bond…
2Cases cited2 opinions
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
- Thorington v. GouldSupreme Court of Alabama · 1877
3Cited by26 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
- State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
- Lightsey v. Kensington Mortgage and Finance Corp.Supreme Court of Alabama · 1975
- State v. La FolletteOregon Supreme Court · 1921
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