Chastain & Lawrence v. Armstrong
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cleburne, and motion for mandamus, Hon: Lerox E. Box presiding. Tbe record in tbis case shows these facts: On tbe 19th May, 1884, M. L. Armstrong, as administrator of tbe estate of E. A. Armstrong, sued out an attachment against Chastain & Lawrence as partners, on tbe ground of their non-residence, returnable to tbe next term of tbe Circuit Court; but tbe attachment was returned without a levy.
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Appeal from tbe Circuit Court of Cleburne, and motion for mandamus, Hon: Lerox E. Box presiding. Tbe record in tbis case shows these facts: On tbe 19th May, 1884, M. L. Armstrong, as administrator of tbe estate of E. A. Armstrong, sued out an attachment against Chastain & Lawrence as partners, on tbe ground of their non-residence, returnable to tbe next term of tbe Circuit Court; but tbe attachment was returned without a levy. An alias attachment was sued out on tbe 5th February, 1885, returnable to “tbe next term of tbe Circuit Court of Cleburne county, to be held at the court-house thereof…
1Opinion of the CourtSomeb.yille, J.
The circuit judge refused to grant the application for rehearing under the statute (Code, 1886, §§ 2872-2880) during the vacation, sustaining a demurrer to the petition of the defendants in the judgment. This not being a final judgment of any court from which an appeal would lie, but a mere ruling of the judge out of term time, we may concede that the appropriate remedy of the petitioners to correct the alleged error of the ruling would be by mandamus. — O'Neal v. Kelly, 72 Ala. 559. It does not fall within the class of remedial writs mentioned in section 3616 of the Code of 1886, which…
2Cases cited5 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Peebles v. WeirSupreme Court of Alabama · 1877
- O'Neal v. KellySupreme Court of Alabama · 1882
- McLaughlin v. GodwinSupreme Court of Alabama · 1853
- Findley v. RitchieSupreme Court of Alabama · 1839
3Cited by14 opinions
- Oliver v. KinneySupreme Court of Alabama · 1911
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
- Dexter v. OhlanderSupreme Court of Alabama · 1889
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
- Little v. PeevySupreme Court of Alabama · 1939
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