Jackson v. Mobley
Supreme Court of Alabama
Appeal from Greene Circuit Court. Heard before Hon. A. H. Alston. Application for mandamus, on relation of Henry Jackson, against B. E. Mobley, Clerk of the Circuit Court of Greene County. A demurrer to the application was •sustained, and the writ denied, and relator appeals.
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Appeal from Greene Circuit Court. Heard before Hon. A. H. Alston. Application for mandamus, on relation of Henry Jackson, against B. E. Mobley, Clerk of the Circuit Court of Greene County. A demurrer to the application was •sustained, and the writ denied, and relator appeals. The duty of the circuit clerk is to promptly enter the names of witnesses on the subpoena docket upon return executed by .the sheriff.- — -Sec. 934, Code 1896; Jones v. The State, 136 Ala. 116. When so entered, they become a part of the file of the case, and the defendant is entitled to receive the same on tendering the…
1Opinion of the CourtMcCLELLAN, J.
— Henry Jackson was indicted for a misdemeanor in September, 1907, by the grand jury of Greene county. The solicitor of the Sixth judicial circuit, upon the authority of Code 1896, § 5283, issued subpoenas ad testificandum to two witnesses for the state, against the defendant, in the trial of said cause. On February 29, 1908, these subpoenas were executed by the sheriff, and were by that officer properly so indorsed and delivered to and filed with the clerk of the circuit court, on the docket of which court the prosecution was pending. Subsequently, and before the trial of the case, the…
2Cases cited2 opinions
- Ex parte MansonySupreme Court of Alabama · 1840
- Ex parte SibertSupreme Court of Alabama · 1880
3Cited by18 opinions
- United States v. MitchellCourt of Appeals for the D.C. Circuit · 1976
- Wade v. StateSupreme Court of Alabama · 1921
- Werfel v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1965
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Holland v. EadsSupreme Court of Alabama · 1993
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