Ex parte Hurt
Supreme Court of Alabama
Original petition in the Supreme Court. Petition for mandamus by James W. Hurt as executor of the estate of H. H. Hurt, deceased, for a rule nisi to the chancellor of the southwestern chancery division to require the annullment of a decree appointing a receiver, etc. Equity will never order a discovery the effect of which might be to expose the party malting it to a criminal prosecution or to pains, forfeitures or penalties.
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Original petition in the Supreme Court. Petition for mandamus by James W. Hurt as executor of the estate of H. H. Hurt, deceased, for a rule nisi to the chancellor of the southwestern chancery division to require the annullment of a decree appointing a receiver, etc. Equity will never order a discovery the effect of which might be to expose the party malting it to a criminal prosecution or to pains, forfeitures or penalties. This rule is independent of our constitutional provision, that a party cannot be compelled to give evidence against himself. — East India Go. v. Campbell, 1 Ves. Sr. 246,…
1Opinion of the CourtDenson, J.
— Application to this court for a mandamus to the chancellor of the Southwestern chancery division to compel him to annul and set aside an interlocutory decree or order made in a cause pending in the chancery court of Perry county, in which the petitioner is the original complainant. The petition sets out in full the pleadings which have been filed and the decrees and orders which have been made in that cause up to the date of the filing of the present application. A brief statement of these will serve to bring in view the points sought to be presented here for determination:
The petitioner…
2Cases cited11 opinions
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
- Ex parte WoodruffSupreme Court of Alabama · 1898
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- Ex Parte LoringSupreme Court of the United States · 1877
- Ex parte ElstonSupreme Court of Alabama · 1854
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