Ex parte Hendree
Supreme Court of Alabama
Application by Scott Hendree and Morris Graham for a mandamus, or other remedial writ, to the Circuit Court of Dallas (Hon. M. J. Saffold presiding), to compel that court to set aside a judgment rendered at its October Term, 1872, dismissing a suit brought by said petitioners against John B. Phillips, and to restore the said cause to the trial docket.
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Application by Scott Hendree and Morris Graham for a mandamus, or other remedial writ, to the Circuit Court of Dallas (Hon. M. J. Saffold presiding), to compel that court to set aside a judgment rendered at its October Term, 1872, dismissing a suit brought by said petitioners against John B. Phillips, and to restore the said cause to the trial docket. The transcript of the proceedings in said cause, which is made a part of the petition, shows that, at the April Term of said court, 1872, the following judgment was rendered in the cause: “ On motion of the plaintiffs, this cause is continued,…
1Opinion of the CourtBrickell, J.
— The judgment of which the petitioners complain is final, and, if erroneous, would support an appeal. Such a judgment cannot be reversed or corrected by mandamus. Steamboat Empire v. Alabama Coal Mining Co. 29 Ala. 698; Ex parte Buttons, 46 Ala. 312; Ex parte Jones, 1 Ala. 15; Ex parte Hoyt, 13 Peters 279; Bank of Columbia v. Sweeny, 1 Peters, 567. Mandamus is a proper remedy only where there is a specific legal right, and there is not a specific legal remedy adequate to the enforcement of the right. It is generally a sufficient answer to an application for the writ that there is another…
2Cases cited5 opinions
- The Bank of Columbia v. George SweenySupreme Court of the United States · 1828
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ex parte JonesSupreme Court of Alabama · 1840
- Steamboat Empire v. Ala. Coal Mining Co.Supreme Court of Alabama · 1857
- Ex parte BottomsSupreme Court of Alabama · 1871
3Cited by19 opinions
- Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
- State v. CobbSupreme Court of Alabama · 1972
- Dorrough v. McKeeSupreme Court of Alabama · 1956
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Ex Parte AdamsSupreme Court of Alabama · 1927
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