Ex parte Humes
Supreme Court of Alabama
Petition for mandamus directed to the Judge of the Eighth Judicial Circuit. This was a petition for a writ of mandamits to compel the judge of the-circuit court for the Eighth Judicial Circuit, sitting in Morgan county, to revoke an order entered during the spring term, 1900, of -said court for a writ, of restitution, commanding the sheriff to p-ut the defendant in the case of E. -C. Humes, as administratrix of the estate of Reuben Chapman, deceased, vs. James Fields,-…
Read the full summary
Petition for mandamus directed to the Judge of the Eighth Judicial Circuit. This was a petition for a writ of mandamits to compel the judge of the-circuit court for the Eighth Judicial Circuit, sitting in Morgan county, to revoke an order entered during the spring term, 1900, of -said court for a writ, of restitution, commanding the sheriff to p-ut the defendant in the case of E. -C. Humes, as administratrix of the estate of Reuben Chapman, deceased, vs. James Fields,- Isaiah Fields and Thos. J. 'Cobb, back into the possession of the land. It appears that at the October term, 1899, -of said…
1Opinion of the CourtTyson, J.
The light of the petitioner to the writ of man dam us is dependent solely upon the solution of the question, whether there ivas a discontinuance of the motion for a new trial. If there was not, the writ must he denied. It appears from the respondent’s answer and from a certified transcript of the motion docket, upon which the motion for the new trial ivas entered, that the motion was made at the term of the court at which the judgment was rendered, and was called to the attention of the presiding judge who then and there continued it in open court, and at the same time made a memorandum of…
2Cases cited11 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Harrall v. StateSupreme Court of Alabama · 1855
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Barron v. BarronSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ex parte DoakSupreme Court of Alabama · 1914
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Phillips v. ReavesSupreme Court of Alabama · 1935
- Sadler v. SessionsSupreme Court of Alabama · 1954
7 more not listed; retrieve them via the Exa API.