Tilman v. State ex rel. Cross
Supreme Court of Alabama
Mandamus. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Mandamus by the state, on the relation of Ales. Cross, against S. J. Tillman, as justice of the peace. Judgment for relator, and respondent appeals. The Himes Supply Company sued Alex. Cross before one S. J. Tillman, a justice of the peace, and procured garnishment to issue to the Woodward Iron Company. The garnishee answered, admitting an indebtedness of $12 due by them to Alex.
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Mandamus. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Mandamus by the state, on the relation of Ales. Cross, against S. J. Tillman, as justice of the peace. Judgment for relator, and respondent appeals. The Himes Supply Company sued Alex. Cross before one S. J. Tillman, a justice of the peace, and procured garnishment to issue to the Woodward Iron Company. The garnishee answered, admitting an indebtedness of $12 due by them to Alex. Cross for work and labor performed by Cross for them. This answer was not contested, and defendant moved the justice of peace to dismiss…
1Opinion of the CourtSimpson, J.
Without deciding whether or not the petition in this case ivas properly filed in the name of “State ex rel. Alex. Cross,” it appears that the petitioner had an adequate remedy at law, by appeal or certiorari, and, that being the case, the petitioner was not entitled to the writ of mandamus. — C'iv. Code 1896, § 2185; JUco parte Merritt, 142 Ala. 115, 88 South. 188. The judgment of the court is reversed, and a judgment will be here rendered' dismissing the petition.
Reversed and rendered.
Tyson, C. J., and Haralson and Denson, JJ., concur.
2Cases cited2 opinions
- Ex parte MerrittSupreme Court of Alabama · 1904
- Whittaker v. StateAlabama Court of Appeals · 1920