Ex parte Colley
Supreme Court of Alabama
The proceedings in this case were instituted bj the petitioner filing an original petition for mandamus, addressed to the Judges of the Supreme Court, asking for the issuance of a writ of mandamus addressed to Hon. John P. Hubbard, Judge of the Twelfth Judicial Circuit. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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The proceedings in this case were instituted bj the petitioner filing an original petition for mandamus, addressed to the Judges of the Supreme Court, asking for the issuance of a writ of mandamus addressed to Hon. John P. Hubbard, Judge of the Twelfth Judicial Circuit. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. When the costs of a former suit are ordered paid, hy a certain time, if not paid, suit may be dismissed for the contempt. Brown v. Brotan, 81 Ala. 508; Burgess v. Am. Mortg. Co., 119 Ala. 669. A…
1Opinion of the CourtHaralson, J.
B. B. Childers on the 5th of February, 1903, brought an action of ejectment in Pike county circuit court against the petitioners, J. N. Colley and others, defendants below. The defendants made a motion that the cause be dismissed, on the ground, that the plaintiff was in contempt, in having failed to pay the costs in a former ejectment suit for the same lands. The motion having been heard and considered by the court, was overruled and denied, and the defendants seek by mandamus to compel the court to dismiss the cause.
The copy of the order relied on by the petitioners is as follows: “On this,…
2Cases cited2 opinions
- Ex parte HayesSupreme Court of Alabama · 1890
- Ex parte ReddSupreme Court of Alabama · 1883
3Cited by1 opinion
- Ex Parte State Ex Rel. Mobile & N. R.Supreme Court of Alabama · 1922