Ex parte City Council
Supreme Court of Alabama
The City Council of Montgomery, by its attorney, Thomas J. Judge, made application to the Supreme Court, by petition, for a mandamus against the Hon. Joseph W. Lesesne, Chancellor of the Southern Division of the State of’ Alabama, requiring him to dissolve an injunction which had been granted in a certain cause pending in the Chancery Court of Montgomery, wherein Marion A. Baldwin, Attorney General of the State, on the relation of George Montague and others, was complainant,…
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The City Council of Montgomery, by its attorney, Thomas J. Judge, made application to the Supreme Court, by petition, for a mandamus against the Hon. Joseph W. Lesesne, Chancellor of the Southern Division of the State of’ Alabama, requiring him to dissolve an injunction which had been granted in a certain cause pending in the Chancery Court of Montgomery, wherein Marion A. Baldwin, Attorney General of the State, on the relation of George Montague and others, was complainant, and the petitioner was defendant. The petition alleges, that said bill or information was filed, to prevent a…
1Opinion of the CourtChilton, C. J.
The Supreme Court of this State has a general superintendence and control over inferior tribunals, as prescribed by the constitution of the State. — Art. 5 § 2. This control and superintendence must not, however, be exercised capriciously or arbitrarily, but according to the established forms and usages which obtain in the administration of justice.
Should this court interpose its jurisdiction to control the inferior courts in the exercise of their discretion, either in the making and continuing of interlocutory orders, or in refusing to make them, in the progress of causes, it would be…
2Cited by11 opinions
- Ex parte SmithSupreme Court of Alabama · 1859
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Ex parte Scudder-Gale Grocery Co.Supreme Court of Alabama · 1898
- Ex parte ElstonSupreme Court of Alabama · 1854
- Denson v. StanleyAlabama Court of Appeals · 1918
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