State ex rel. Almon v. Burke
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speak®. Mandamus by the state of Alabama on tbe relation of D. C. Almon, solicitor for the 8th judicial circuit, and on the relation of the county solicitor of Cullman county, to require Robert I. Burke as judge of the county court of Cullman county, to restore certain criminal cases to-his docket.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speak®. Mandamus by the state of Alabama on tbe relation of D. C. Almon, solicitor for the 8th judicial circuit, and on the relation of the county solicitor of Cullman county, to require Robert I. Burke as judge of the county court of Cullman county, to restore certain criminal cases to-his docket. From a judgment dismissing the petition, relators appeal. for the state. — The term, nol prosse, is defined in the following authorities.- — -Black’s Law Diet. p. 818; State v. Maine Gent. Ry. Go., 77 Me. 244; 98 Mo. 126;, 45 N. J. L. 154;…
1Opinion of the CourtMayfield, J.
This was an application by the state, on relation of D. C. Almon, its solicitor for the Eighth judicial circuit, and his county solicitor for Cull-*165man county, to Hon. D. W. Speake, judge of the Eighth judicial circuit, for a mandamus to Hon. Robt. I. Burke, judge of the county court of Cullman county, to compel the said judge of the county court to reinstate upon the docket of the county court of Cullman county divers criminal causes for violation of the prohibition laws of this state, particularly mentioned in the petition for mandamus, Avhich are alleged to have been unlawfully nol. pros’d…
2Cases cited1 opinion
- Ex parte State in re StephensonSupreme Court of Alabama · 1896
3Cited by10 opinions
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- State Ex Rel. Chilton County v. ButlerSupreme Court of Alabama · 1932
- State Ex Rel. Gaston v. CunninghameSupreme Court of Alabama · 1927
- Kendrick v. State Ex Rel. ShoemakerSupreme Court of Alabama · 1951
- Howard v. State Ex Rel. AndrewsSupreme Court of Alabama · 1939
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