Ex parte Remson
Supreme Court of Alabama
AppíxcátioN for a mandamus to tbe circuit court of Tal-ladega, Hon. C. "W. Rapier presiding, to compel that court to strike from its docket a cause therein pending, wherein Ezekiel McCravey is plaintiff, and David H. Remson defendant, on the ground that said cause has been discontinued.
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AppíxcátioN for a mandamus to tbe circuit court of Tal-ladega, Hon. C. "W. Rapier presiding, to compel that court to strike from its docket a cause therein pending, wherein Ezekiel McCravey is plaintiff, and David H. Remson defendant, on the ground that said cause has been discontinued. It appears from the facts stated in the bill of exceptions, which is incorporated in the transcript exhibited with the motion, that said suit was originally brought in the circuit court of Talladega; that an order was therein made, at the spring term of said court, 1852, granting a change of venue on the…
1Opinion of the CourtStone, J.
— The following two legal propositions seem to be clearly settled:
1. That if, by the action of the plaintiff, with the concurrence or assent of the court, a case be taken from the docket, by an order which is valid until reversed; and such case be permitted to remain off the docket for a term or more, without any action had in the case, the cause is thereby discontinued, unless such order be in in fact subsequently reversed. — Griffin v. Osbourne, 20 Ala. 594; Drinkard v. The State, ib. 9.
2. The mere fact that the clerk, for a number of terms, has failed or neglected to docket a cause, will…
2Cases cited8 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Harrall v. StateSupreme Court of Alabama · 1855
- Moore v. EasleySupreme Court of Alabama · 1851
- Wiswall v. GliddenSupreme Court of Alabama · 1842
- Doe ex dem. Brown v. ClementsSupreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
- Ex parte GarlandSupreme Court of Alabama · 1868
- Phillips v. ReavesSupreme Court of Alabama · 1935
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Forrester v. ForresterSupreme Court of Alabama · 1864
9 more not listed; retrieve them via the Exa API.