Ex parte Kelly
Supreme Court of Alabama
Original petition in the Supreme Court. Writ of prohibition on the part of Kelly to this court praying for an order restraining the judge of the 5th Judicial Circuit from organizing or holding a term of the circuit court at Goodwater, and to order said judge to transfer his cause to the docket of the circuit court at Rockford.
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Original petition in the Supreme Court. Writ of prohibition on the part of Kelly to this court praying for an order restraining the judge of the 5th Judicial Circuit from organizing or holding a term of the circuit court at Goodwater, and to order said judge to transfer his cause to the docket of the circuit court at Rockford. The act passed was a local law. — Sec. 105, Constitution 1901; City Council of Montgomery v. Reese, 43 South. 116. Notice which includes a particularly named territory is wholly insufficient to support a law embracing substantially different territory. — -Brame v. The…
1Opinion of the CourtSimpson, J.
— This is a petition for a writ of prohibition, to be issued to the judge of the Fifth judicial circuit, restraining him from organizing or holding, or causing to be organized or held, a. term of the circuit *670court at Goodwater, and from putting petitioner on trial at said place, and requiring Ms case to be restored to the docket of the circuit court at Rockford. It is alleged in the petition, and admitted in the answer to the rule nisi, that the petitioner was indicted by the grand jury at Rockford, that the indictment is in due form and regular, and that his case has been transferred to the…
2Cases cited3 opinions
- Dudley v. FitzpatrickSupreme Court of Alabama · 1904
- Dudley v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1903
- State ex rel. Frederick v. BrodieSupreme Court of Alabama · 1906
3Cited by3 opinions
- Tucker v. State Ex Rel. PooleSupreme Court of Alabama · 1935
- Carnley v. BrunsonSupreme Court of Alabama · 1933
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930