Legal Opinion

Ex parte Walker

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 37 opinions

APPLICATION by Benj. W. Walker for the writ of prohibition, mandamus, or other remedial process, to "vacate certain orders of the Chancery Court of Macon, the Hon. James B. Clark presiding, made in a certain cause therein pending, wherein William Dougherty and others are complainants, and said Walker and others are defendants; one of said orders appointing a receiver in said cause, and directing the petitioner to pay over to him certain moneys in his hands : and the other…

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APPLICATION by Benj. W. Walker for the writ of prohibition, mandamus, or other remedial process, to "vacate certain orders of the Chancery Court of Macon, the Hon. James B. Clark presiding, made in a certain cause therein pending, wherein William Dougherty and others are complainants, and said Walker and others are defendants; one of said orders appointing a receiver in said cause, and directing the petitioner to pay over to him certain moneys in his hands : and the other directing the issue of an attachment against the petitioner for contempt of court, in refusing obedience to the previous…

1Opinion of the Court

LIGON, J. —

The counsel for the relator insists, that the bill in this record does not make out a case of which the Chancery Court of Macon county can take jurisdiction; and thence concludes, that all orders made by the chancellor, in reference to it, are coram non judice, and void. If, on examination, such should be found to be the case, we should not hesitate to 'award the prohibition which is asked.

We have already held, that this court has the power, under the provisions of our State constitution, to prohibit the Chancery Court, where a proper case for the exercise of this power is…

2Cases cited1 opinion

  1. Ex parte SmithSupreme Court of Alabama · 1853

3Cited by37 opinions

  1. Ex parte HardySupreme Court of Alabama · 1880
  2. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  3. Ex Parte HillSupreme Court of Alabama · 1935
  4. Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
  5. Ex parte GreeneSupreme Court of Alabama · 1856

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