Ex parte Owens
Supreme Court of Alabama
Petition for Writ of Proh4b~tion. ORIGINAL petition in Supreme Coult. Application by Bud Owens for prohibition to restrain Hon. John Peiharn, as judge of the circuit court of Ole-burne county, from proceeding to try the applicant oi, a criminal charges -If the act providing for the removal of county seats (General Acts 1903, p. 117) be invalid there could be no removal of tue county seat from Edwardsville to ileflin and any attempted judgment which might be rendered in said…
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Petition for Writ of Proh4b~tion. ORIGINAL petition in Supreme Coult. Application by Bud Owens for prohibition to restrain Hon. John Peiharn, as judge of the circuit court of Ole-burne county, from proceeding to try the applicant oi, a criminal charges -If the act providing for the removal of county seats (General Acts 1903, p. 117) be invalid there could be no removal of tue county seat from Edwardsville to ileflin and any attempted judgment which might be rendered in said cause at Heflin would be void.—Maddox v. Dunklin, 39 So. Rep. 579; Barbour v. The State,- 39 So. Rep. 318. Common law…
1Opinion of the CourtSimpson, J.
— This is an application for a writ of prohibition, to he directed to Hon. John Pelham, judge of the circuit court in Cleburne county, to prohibit and restrain him from proceeding to try said Bud Owens, on the ground that the county seat of said county is at Edwardsville, and not at Heflin, in said county, where the court is being held. The alternative writ is waived, and Judge Pelham answers, basing his authority to hold said court at Heflin on the act of March 3, 1903, and the election held thereunder, so that the entire contention rests upon the proposition as to whether or not said act is…
2Cases cited16 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- Ritchie v. RichardsUtah Supreme Court · 1896
- People ex rel. Daniels v. HenshawCalifornia Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hall v. UnderwoodSupreme Court of Alabama · 1953
- McCall v. Automatic Voting MacH. CorporationSupreme Court of Alabama · 1938
- Fairhope Single Tax Corp. v. MelvilleSupreme Court of Alabama · 1915
- Lett v. DennisSupreme Court of Alabama · 1930
- Burrow v. StateSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.