Ex parte Russell
Supreme Court of Alabama
PETITION by David M. Russell, by bis attorney, for a writ of prohibition from this court, to restrain the probate court of Sumter from further proceedings in relation to a matter pending in said probate court, between said Russell, as administrator of Anson Brackett, deceased, and the guardian ad litem of the infant heir of said intestate.
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PETITION by David M. Russell, by bis attorney, for a writ of prohibition from this court, to restrain the probate court of Sumter from further proceedings in relation to a matter pending in said probate court, between said Russell, as administrator of Anson Brackett, deceased, and the guardian ad litem of the infant heir of said intestate. It appears from a transcript of the record, which is made a part of the petition, that said administrator was authorized by said probate court, from which he derived his letters of administration, to sell certain slaves belonging to the estate of his…
1Opinion of the CourtRice, C. J.
The second section of the fifth article of the constitution of this State declares, that “ the supreme court, except in cases otherwise directed by this .constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law ; provided, that the supreme’ court shall have power to issue writs of injunction, mandamus, quo war-ranto, habeas corpus, and such other remedial and original writs, as may be necessary to give it a.general superintendence…
2Cases cited2 opinions
- Ex parte SimontonSupreme Court of Alabama · 1839
- State ex rel. Attorney General v. PorterSupreme Court of Alabama · 1840
3Cited by8 opinions
- Ex Parte Alabama Textile Products CorporationSupreme Court of Alabama · 1942
- Dunn v. St. Louis Southwestern Railway Co.Court of Appeals of Texas · 1905
- Ex Parte BargerSupreme Court of Alabama · 1942
- Johnston v. FortSupreme Court of Alabama · 1857
- Richey v. ButlerSupreme Court of Alabama · 1951
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