Ex parte Elston
Supreme Court of Alabama
MOTION for a mandamus, or other remedial writ, to compel the Circuit Court of Talladega to vacate an order suppressing a deposition, which had been taken by the petitioner in a certain cause, pending in said court, between himself and the Bank of Brunswick, and had been suppressed because “ it was not taken in conformity to law and the rules of the court.” cited the following cases to show that the writ of mandamus should be granted: Stephenson v. Mansony, 4 Ala. 315 ;…
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MOTION for a mandamus, or other remedial writ, to compel the Circuit Court of Talladega to vacate an order suppressing a deposition, which had been taken by the petitioner in a certain cause, pending in said court, between himself and the Bank of Brunswick, and had been suppressed because “ it was not taken in conformity to law and the rules of the court.” cited the following cases to show that the writ of mandamus should be granted: Stephenson v. Mansony, 4 Ala. 315 ; Cuthbort v. Lewis, 6 ib. 268 ; (Jullum v. Smith & Conkling, 6 ib. 625 ; 13 ib. 722 ; 5 Wend. 114; Parsons v. Boyd, 20 Ala.…
1Opinion of the Court
PER CURIAM. —
The motion cannot be granted. It is true, this court has a general superintendence and control over inferior tribunals; and it may be that the court committed an error in suppressing the depositions — a point which we do not now decide ; yet we should be sorry if, at every step taken in a cause in the primary court, which a party supposes to be incorrect, an appeal would lie to this court to revise its action. Our primary courts would be embarrassed beyond endurance, and our own terms would, in a great measure, be consumed in the argument of points raised upon the preliminary…
2Cases cited1 opinion
- Ex parte City CouncilSupreme Court of Alabama · 1854
3Cited by14 opinions
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Ex parte HayesSupreme Court of Alabama · 1890
- Miller v. HolderSupreme Court of Alabama · 1974
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
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