Ex parte Rice
Supreme Court of Alabama
Mattie J. Rice, as administratrix of of D. S. Rice, deceased, filed a petition'in the Supreme Court askipg the court to grant a rule nisi, directed to the Hon. John R.Tyson, Judge of the Second Judicial Circuit of the State, commanding him to'show cause, if any he had, why a peremptory writ of mandamus should not issue from the • Supreme Court, requiring him to dismiss and strike from the docket of said circuit court of Montgomery countv, the cause of M. Kahn, surviving…
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Mattie J. Rice, as administratrix of of D. S. Rice, deceased, filed a petition'in the Supreme Court askipg the court to grant a rule nisi, directed to the Hon. John R.Tyson, Judge of the Second Judicial Circuit of the State, commanding him to'show cause, if any he had, why a peremptory writ of mandamus should not issue from the • Supreme Court, requiring him to dismiss and strike from the docket of said circuit court of Montgomery countv, the cause of M. Kahn, surviving partner, against Mattie-J. Rice, as administratrix of the estate of D. S. Rice, deceased. The grounds of this petition, as…
1Opinion of the Court
BRICKELL, O. J.
It is conceded that the mode .prescribed by the statute, (Pamph. Acts, 1880-81, p. 268), in which a cause may be transferred from the city court of Montgomery to the circuit court of the county, was not pursued. It was not contemplated cr intended by the parties to observe the mode of procedure directed in the statute. A transfer by consent, expressed in open court, and entered on the minutes of the city court, was the mode they preferred and adopted, and of its efficacy, we see no reason for doubt. The city and circuit courts are of concurrent, co-equal jurisdiction of the…
2Cases cited5 opinions
- Railway Co. v. RamseySupreme Court of the United States · 1875
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
- Pierson v. FinneyIllinois Supreme Court · 1865
3Cited by10 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Gunter v. HinsonSupreme Court of Alabama · 1909
- In re the Estate of CroninNew York Surrogate's Court · 1932
- Laird v. Columbia Loan & Investment Co.Supreme Court of Alabama · 1927
- Harmon v. StateAlabama Court of Appeals · 1913
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