Ex parte Grant
Supreme Court of Alabama
The petitioner states that he became administrator, de bonis ■non, of the estate of David McCord, dec’d, by appointment of the orphans’ court of Dallas, in 1838; in November, 1843, he filed his accounts, &c. for the purpose of a final settlement of the estate, and the then judge of that court, appointed the 21st of December fast, as the day on which the same would be made.
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The petitioner states that he became administrator, de bonis ■non, of the estate of David McCord, dec’d, by appointment of the orphans’ court of Dallas, in 1838; in November, 1843, he filed his accounts, &c. for the purpose of a final settlement of the estate, and the then judge of that court, appointed the 21st of December fast, as the day on which the same would be made. That before ■that day, the then Judge was superseded by the election of Addison J. Saffold to the judgeship. The present Judge, was of •counsel for the petitioner, and under the direction of the statute, certified -the same…
1Opinion of the CourtCollier, C. J.
The writ of mandamus, especially of late ’ years, has been extensively used, and is certainly a most valuable auxiliary in the administration of remedial justice. It is ■ ap*92propriately employed in many cases, where a party has a clear legal right, and no other adequate legal remedy. But we do not remember any case in which the Judge, unauthorised by statute, or rule of court, has ever awarded it in vacation. Mr Blackstone says, “a writ of mandamus is, in general, a command issuing in the King’s name, from the court of King’s bench, and directed to any person, corporation, or inferior court of…
2Cited by4 opinions
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
- Ex parte TriceSupreme Court of Alabama · 1875
- Campbell v. MaySupreme Court of Alabama · 1858
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912