Legal Opinion

Ex parte Alabama Fuel & Iron Co.

Supreme Court of Alabama

Decided May 13, 1915PublishedCited by 8 opinions

Original application in tbe Supreme Court. Eddie Haywood as administratrix sued tbe Alabama Fuel & Iron Company and ber cause was dismissed for want of prosecution. Tbe cause ivas reinstated at a subsequent term of tbe court, and defendant thereto applies for writ of mandamus to coinpel tbe judge to vacate tbe order of reinstatement.

1Opinion of the CourtSayre, J.

This is an application for a writ of mandamus to tbe judge of tbe Sixteenth circuit, commanding him to vacate and annul an order made on tbe 18th day of September, 1914, whereby be reinstated upon tbe trial docket of bis court tbe cause of *497Addie Haywood, as Administratrix, etc. v. Alabama Fuel & Iron Company, which said cause had been previously, on September 29, 1913, dismissed of the court’s own motion for want of prosecution. The return to the rule nisi shows, and it is not disputed at any place in the record, that when respondent made the order restoring the cause to the docket, he had…

2Cases cited5 opinions

  1. Buchanan v. ThomasonSupreme Court of Alabama · 1881
  2. Hair v. MoodySupreme Court of Alabama · 1846
  3. Kidd v. McMillanSupreme Court of Alabama · 1852
  4. Lee v. HoustonSupreme Court of Alabama · 1852
  5. Coltart v. MooreSupreme Court of Alabama · 1885

3Cited by8 opinions

  1. Alabama Fuel & Iron Co. v. WilliamsSupreme Court of Alabama · 1921
  2. Ex Parte BrickellSupreme Court of Alabama · 1920
  3. Ex Parte ACK Radio Supply Company of GeorgiaSupreme Court of Alabama · 1969
  4. State Ex Rel. Davis v. CurtisSupreme Court of Alabama · 1922
  5. Ex Parte SharpSupreme Court of Alabama · 1953

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