Legal Opinion
Ex parte Curl
Supreme Court of Alabama
Decided February 23, 1967No. 8 Div. 204PublishedCited by 2 opinions
1Opinion of the Court
GOODWYN, Justice.
This is an original petition for mandamus seeking the vacation of a judgment transferring a cause from the law side to the equity side of the circuit court of Madison County.
Petitioner, L. D. Curl, filed a detinue suit in statutory form against D. L. Put-man. Code 1940, Tit. 7, § 223 (27). Put-man filed a verified written motion to transfer the suit to equity. Code 1940, Tit. 13, § 153. Pursuant to § 153, Curl demurred to the motion to test its sufficiency and later, without waiving his demurrer, filed a controverting affidavit. After a hearing, and without ruling on the…
2Cases cited11 opinions
- Ballentine v. BradleySupreme Court of Alabama · 1938
- Life & Fire Ins. Co. of NY v. AdamsSupreme Court of the United States · 1835
- Gainer v. Board of Education of Jefferson CountySupreme Court of Alabama · 1948
- Whitten v. Sheffield Land Co.Supreme Court of Alabama · 1937
- Wyatt v. ParrishSupreme Court of Alabama · 1951
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Visual Educators, Inc. v. KoeppelSupreme Court of Alabama · 1972
- In Re Curl v. PutmanSupreme Court of Alabama · 1970