Ex parte Lawler
Supreme Court of Alabama
Original petition in the Supreme Court. Petition for mandamus by W. T. Lawler, individually and as Judge of Probate, to compel James H. Ballentine, judge of the law and equity court of Madison county, to strike from the court files a grand jury report, recommending petitioner’s impeachment. Petition denied.
Read the full summary
Original petition in the Supreme Court. Petition for mandamus by W. T. Lawler, individually and as Judge of Probate, to compel James H. Ballentine, judge of the law and equity court of Madison county, to strike from the court files a grand jury report, recommending petitioner’s impeachment. Petition denied. The grounds of petition are that when the grand jury was organized that made the report recommending the impeachment of the probate judge, it consisted of 18 qualified citizens of the county, and that it was organized October 6, 1913; that on October 20, 1913, two members of said grand…
1Opinion of the Court
de GRAFFENRIED, J.
Section 7283 of the Code of 1907 is in the following language: “If fifteen persons, duly qualified to serve as grand jurors, do not appear, or if the number of those who appear is reduced below fifteen by reason of discharges, or excuses allowed by the court, of by any other cause, the court must cause an order to be entered on the minutes, commanding the sheriff to summon from the qualified citizens of the county twice the number of persons required to complete the grand jury, which order the sheriff must forthwith execute, and in any event the court may in its discretion…
2Cases cited10 opinions
- Kilgore v. StateSupreme Court of Alabama · 1883
- Nordan v. StateSupreme Court of Alabama · 1904
- Patterson v. StateSupreme Court of Alabama · 1911
- Blevins v. StateSupreme Court of Alabama · 1880
- Hafley v. StateAlabama Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Rogers v. StateAlabama Court of Appeals · 1916
- State v. GowanSupreme Court of Minnesota · 1973