Ex parte Baker
Supreme Court of Alabama
This was an original petition for mandamus filed in this court. The facts of the case are sufficiently stated in the opinion. 1. There is no statute in Alabama providing for the production of papers and documents in a court of chancery.
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This was an original petition for mandamus filed in this court. The facts of the case are sufficiently stated in the opinion. 1. There is no statute in Alabama providing for the production of papers and documents in a court of chancery. The right is given under the inherent power of such courts, in the exercise of the jurisdiction, to compel a discovery, when discovery as sought in the bill, “is indispensable to justice” as auxiliary to any proper relief. — Handley v. Heflin, 84 Ala. 600; Wood v. Hudson, 96 Ala. 469; Va. & Ala. Min. é Mfg. Go. v. Hale, 93 Ala. 542. A suit in equity for…
1Opinion of the CourtHaralson, J.
1. This is an application to this court for mandamus by James W. Baker, to require the judge of the city court of Talladega, sitting in equity, to vacate an order appointing an administrator ad litem for the estate of William Baker, deceased, on the settlement of the accounts of the partnership of William Baker & Son, composed of the deceased and said James W. Baker, and the order requiring the latter to produce in court the books and papers of the partnership in his custody to be used on the settlement of the partnership accounts between the partners.
The administration of the estate of…
2Cases cited5 opinions
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Kelly & Frazier v. EckfordNew York Court of Chancery · 1836
- Golden v. ConnerSupreme Court of Alabama · 1889
3Cited by12 opinions
- Alabama Girls' Industrial School v. ReynoldsSupreme Court of Alabama · 1904
- Young v. PowellCourt of Appeals for the Fifth Circuit · 1950
- Riley v. McElroySupreme Court of Alabama · 1945
- Flomerfelt v. SiglinSupreme Court of Alabama · 1908
- Cook v. CastleberrySupreme Court of Alabama · 1937
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