Speed v. Cocke
Supreme Court of Alabama
APPEAL from the Circuit Court of Perry. Heard before the Hon. Geo. H. Craig. The case is sufficiently stated in the opinion. 1. Mandamus should not be granted unless it appears that the relator has a clear legal right to the performance of a particular duty by respondents.
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APPEAL from the Circuit Court of Perry. Heard before the Hon. Geo. H. Craig. The case is sufficiently stated in the opinion. 1. Mandamus should not be granted unless it appears that the relator has a clear legal right to the performance of a particular duty by respondents. The test is, whether the party has a legal right to the remedy he seeks. — High on Extraordinary Remedies, § 10. Nor.will mandamus lie to compel the performance of duties, unless purely ministerial in their nature, and so clear and specific that no element of discretion is left in their performance. — lb. § 24. 2. The duty…
1Opinion of the CourtBrickell, C. J.
The relator, John B. Cocke, administrator of the estate of one Woodson Cocke, filed a petition, addressed to the Circuit Court, praying a writ of mandamus to be directed to the court of county commissioners, the judge of probate, and the treasurer of the county of Perry. The right to the writ is founded on the averment that the relator is the holder of a warrant on the county treasurer, drawn by the judge of probate, on the 10th day of Septem*213ber, 1866, pursuant to an order of the court of county commissioners held on the fourth day of September, 1866, for the payment of the sum of four…
2Cases cited14 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Arrington v. Van HoutonSupreme Court of Alabama · 1870
- Dickerson v. WalkerSupreme Court of Alabama · 1840
- Oxford Iron Co. v. SpradleySupreme Court of Alabama · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bell v. OttsSupreme Court of Alabama · 1893
- Bradley v. StateSupreme Court of Alabama · 1881
- Rinehart & Dennis Co. v. McArthurSupreme Court of Virginia · 1918
- Wright v. StateSupreme Court of Alabama · 1893
- Bryce v. BurkeSupreme Court of Alabama · 1911
34 more not listed; retrieve them via the Exa API.