Bibb v. Gaston
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. L. K. Boultier died leaving two wills, or at least two wills were produced after his death, one of date June 20, 1905, and one of July 17, 1905. The will of July 17 was filed for probate and on a contest was refused probate. • From this judgment refusing probate, an appeal was taken to the supreme court.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. L. K. Boultier died leaving two wills, or at least two wills were produced after his death, one of date June 20, 1905, and one of July 17, 1905. The will of July 17 was filed for probate and on a contest was refused probate. • From this judgment refusing probate, an appeal was taken to the supreme court. During the pendency of that appeal, the_appellant filed for probate the will of June 20, 1905, and the judge of probate declined to hear said application, for the reason that at the time of its filing there was pending an…
1Opinion of the CourtHaralson, J.
“Mandamus is not a writ of right, and the granting or denial of an application for mandamus rests very largely within the discretion of the court. —19 Am. & Eng. Ency. of Law (2d Ed.) p. 75.
“Mandamus, being a discretionary writ, will not be granted, when it would work injustice, or introduce confusion or disorder, or where it would not promote substantial. justice.” — Id. 753.
“The writ will not issue, except in extraordinary cases, and never, in any case where it is unnecessary, or where, if issued, it would prove unavailing, fruitless and nugatory.” — Id. 756.
Two wills of the. same testator,…
2Cases cited3 opinions
- Shields v. AlstonSupreme Court of Alabama · 1842
- People ex rel. Storey v. KnickerbockerIllinois Supreme Court · 1885
- Territory of Dakota ex rel. Wallace v. WoodburyNorth Dakota Supreme Court · 1890
3Cited by12 opinions
- People ex rel. Bruce v. DunneIllinois Supreme Court · 1913
- State Ex Rel. Long v. CareySupreme Court of Florida · 1935
- State Ex Rel. King v. County Board of EducationSupreme Court of Alabama · 1926
- Paine v. WellsOregon Supreme Court · 1918
- State v. A.R.C.Court of Criminal Appeals of Alabama · 2003
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