Legal Opinion

Ex parte Industrial Finance & Thrift Corp.

Supreme Court of Alabama

Decided February 8, 1951No. 3 Div. 577, 582Published

1Opinion

On Rehearing

SIMPSON, Justice.

Not having participated on the original' deliverance, my views were not recorded;, but having been called in on a consideration on rehearing, I should like to- state that I. concur with the views of the majority except the portion which denies mandamus-as a proper remedy. . Undoubtedly the fixation of the Master’s fee in the manner pursued by the court was clearly within its-power and the amount thereof was a matter for that court’s judicial determination.

However, under the peculiar circumstance es indicated by the record before us, if seems to me that the remedy…

2Cases cited5 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
  3. Foshee v. State Ex Rel. MesserSupreme Court of Alabama · 1923
  4. Ex Parte Sovereign Camp, W.O.W.Alabama Court of Appeals · 1925
  5. Viles v. KortySupreme Judicial Court of Maine · 1934

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