Johnson v. Glascock
Supreme Court of Alabama
Motion for a rule against the Honorable Alexander Bowie, Chancellor of the Northern Division of the State of Alabama, to shew cause why a writ of mandamus should not issue from this Court, requiring him to proceed according to the decree rendered in this cause at the last term of this Court.
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Motion for a rule against the Honorable Alexander Bowie, Chancellor of the Northern Division of the State of Alabama, to shew cause why a writ of mandamus should not issue from this Court, requiring him to proceed according to the decree rendered in this cause at the last term of this Court. The petition sets out that the complainants moved the Court of Chancery to proceed to take an account and make distribution of the estate of John Johnston, deceased, in conformity with the decree rendered and produced the certificate from the clerk of' this Court, directed to the Register of the Court of…
1Opinion of the Court
GOLDTH WAITE; J.
1. There can be no question, we presume, that every Superior tribunal must necesssarily possess some means to require obedience to its legitimate mandates, from all subordinate and inferior jurisdictions. Without such means, the relation of superior and subordinate never could be sustained.. The authorities cited on behalf of the motion are conclusive, that in such a case as the petition discloses the writ of mandamus must be allowed, if the refusal is persisted in.
2. It is, not usual, however, to issue the writ in the first instance on Ex parte statements; the person supposed…
2Cases cited1 opinion
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
3Cited by11 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Allen v. PughSupreme Court of Alabama · 1921
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- Lyon v. FoscueSupreme Court of Alabama · 1877
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