Ex parte Southern Telegraph Co.
Supreme Court of Alabama
Application to this court for a writ of mandamus, to compel the Probate Court of Montgomery county to vacate and set aside an order made by that court, removing a cause therein pending to the Circuit Court of the United States. The case made by the record is sufficiently stated in the opinion. (1) The court below had jurisdiction to determine whether the cause was removable, and was bound to exercise its judgment, and act judicially in determining the matter.
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Application to this court for a writ of mandamus, to compel the Probate Court of Montgomery county to vacate and set aside an order made by that court, removing a cause therein pending to the Circuit Court of the United States. The case made by the record is sufficiently stated in the opinion. (1) The court below had jurisdiction to determine whether the cause was removable, and was bound to exercise its judgment, and act judicially in determining the matter. The present application is not the proper remedy to correct the error, if error there be, in the rightful -exercise of jurisdiction. —…
1Opinion of the CourtSomeryille, J.
— The application in this case is for the writ of mandamus, to compel the Probate Court of Montgomery county to vacate an order removing a pending suit from that tribunal to the Circuit Court of the United States, which was effected on petition of the defendant under the provisions of the Act of Congress of March 3rd, 1875. — Revised Stat. U. S. (Supplement), Yol'. 1,1874-1881, pp. 173-177. The suit, so removed, was an ad guod dammim proceeding, in which the petitioner was seeking to condemn the right of way for the establishment of its line of telegraph over the road-bed of the defendant,…
2Cases cited3 opinions
- Crane v. ReederMichigan Supreme Court · 1874
- Ex parte Mobile & Ohio RailroadSupreme Court of Alabama · 1879
- State ex rel. Coons v. Judge of Thirteenth Judicial DistrictSupreme Court of Louisiana · 1871
3Cited by2 opinions
- Ex Parte Lineville Nat. BankSupreme Court of Alabama · 1928
- Michigan Public Utilities Commission v. Michigan State Telephone Co.Michigan Supreme Court · 1924