Reid v. Moulton
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Eelder. This is the case in which an application was made to this court, at its last term, for a writ of prohibition, or other appropriate writ, to restrain further proceedings in the cause, and to vacate and set aside the proceedings already had, on the ground that the court had no jurisdiction of the case made by the bill.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Eelder. This is the case in which an application was made to this court, at its last term, for a writ of prohibition, or other appropriate writ, to restrain further proceedings in the cause, and to vacate and set aside the proceedings already had, on the ground that the court had no jurisdiction of the case made by the bill. See the report of the case, JEx parte Reid, 50 Ala. 439-45. The bill was filed on the 16th December, 1873, by Cleaveland F. Moulton, then holding the office of mayor of the city of Mobile, against…
1DissentBbickell, J.
(dissenting.) — The constitution of 1819 conferred on this court, as the present constitution confers, the “ power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial' and original writs as. may be necessary to give it a general superintendence and control of inferior jurisdictions.” In the exercise of this power, it was determined in Ex parte Morgan Smith (23 Ala. 94), that the common-law writ of prohibition was a remedial writ, which this court could rightfully issue, and that the chancery court was, within the spirit and meaning of the constitution,…
2Cases cited16 opinions
- Tims v. StateSupreme Court of Alabama · 1855
- Cochran v. McClearySupreme Court of Iowa · 1867
- The People v. . CarpenterNew York Court of Appeals · 1861
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Ex parte GreeneSupreme Court of Alabama · 1856
11 more not listed; retrieve them via the Exa API.