Ex parte Macdonald
Supreme Court of Alabama
This is an application by petition, by. Gordon Macdonald, for a writ of prohibition, or other appropriate writ, directed to the Circuit Court of Montgomery county, requiring that court to discharge and dismiss the petitioner, without answer, as garnishee in a certain suit therein pending, wherein the State of Alabama wTas plaintiff, and one Fred.
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This is an application by petition, by. Gordon Macdonald, for a writ of prohibition, or other appropriate writ, directed to the Circuit Court of Montgomery county, requiring that court to discharge and dismiss the petitioner, without answer, as garnishee in a certain suit therein pending, wherein the State of Alabama wTas plaintiff, and one Fred. Wolffe was defendant ; which suit was commenced by attachment, sued out in the name of the State, by the Attorney-General, on the written instructions of the Governor, without any bond or security being given, or statutory affidavit made, as required…
1Opinion of the CourtSomeryille, J.
— The application is by a garnishee, for a writ of prohibition, to prevent the continued prosecution of certain attachment proceedings in the Circuit Court of Montgomery county, instituted by the State of Alabama, against petitioner, as the debtor of one Wolffe. The attachment had been sued out by the State in its own name, without giving bond or security, or causing any affidavit to be made, under the provisions of section 2902 of the present Code, which reads as follows :
“ § 2902. The State of Alabama may sue in its name, and is entitled to all the remedies provided for the enforcement of…
2Cases cited14 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Ex Parte WallSupreme Court of the United States · 1883
- McMillen v. AndersonSupreme Court of the United States · 1877
- Gibbons v. United StatesSupreme Court of the United States · 1869
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. BushAlabama Court of Appeals · 1915
- State v. BleySupreme Court of Alabama · 1909
- State Ex Rel. Smith v. McCordSupreme Court of Alabama · 1919
- Dickey v. VannSupreme Court of Alabama · 1886
- LOUISVILLE & NASHVILLE RAILROAD COMPANY v. StateSupreme Court of Alabama · 1963
6 more not listed; retrieve them via the Exa API.