State ex rel. Phillips v. Benners
Supreme Court of Alabama
Mandamus. Original petition in the Supreme Court. Mandamus by the State on the relation of Lovick W. Phillips, directed to Alfred H. Benners, Chancellor, to compel him to' set aside an order of reference, etc. The court was wholly without authority to order a reference to state an account between the parties until after answer was filed and testimony had been taken. — Smith v. Vcmghan, 69 Ala. 92; 5 Ene. P. & P. 957; Durr v. Hanover Nat. Barth, 148 Ala. 863; 17 Ene.
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Mandamus. Original petition in the Supreme Court. Mandamus by the State on the relation of Lovick W. Phillips, directed to Alfred H. Benners, Chancellor, to compel him to' set aside an order of reference, etc. The court was wholly without authority to order a reference to state an account between the parties until after answer was filed and testimony had been taken. — Smith v. Vcmghan, 69 Ala. 92; 5 Ene. P. & P. 957; Durr v. Hanover Nat. Barth, 148 Ala. 863; 17 Ene. P. & P. 1005;'148 111. 276; 61 Hun. 337. It is improper to render a. decree affecting the merits of the case until the cause is…
1Opinion of the CourtSomerville, J.
This is a petition for mandamus and seeks to compel the respondent, who is chancellor of the Northwestern chancery division, to set aside and vacate certain interlocutory orders and decrees made and entered in the case of Birmingham Industrial Co., v. L. W. Phillips, now pending in chancery at Birmingham. The bill in that case is for an accounting, and the equity of the bill, as shown by its averments, has been affirmed on appeal by this court. — Phillips v. Birmingham Industrial Co., 161 Ala. 509, 50 South. 77, 135 Am. St. Rep. 156.
In response to the rule nisi issued by this court, the…
2Cases cited6 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Vaughan v. SmithSupreme Court of Alabama · 1881
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- Durr v. Hanover National BankSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Birmingham Electric Co. v. HarrySupreme Court of Alabama · 1926
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Faircloth v. FolmarSupreme Court of Alabama · 1949
- Garrison v. KellySupreme Court of Alabama · 1952
6 more not listed; retrieve them via the Exa API.