Ex parte Edwards
Supreme Court of Alabama
This ivas au original petition for mandamus filed in this court. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited, Ex parto Toioer Manfg. Co., 103 Ala. 115; Teague v. Corbitt, 57 Ala. 537; Moore v. Winston, 66 Ala. 296. cited Pearson v. Barrington, 21 Ala. 169; lb., 32 Ala. 266; Baker v. Mitchell, 109 Ala. 191; Tyqh v, Bolán, 95 Ala, 270; 3 Brick. Dig., .331, § 62,
1Opinion of the CourtSharpe, J.
This petition is for a writ of inanclain us to the respondent, the chancellor, to require him to set aside an order made in a cause pending in the chancery court, to which this petitioner was a party.
It nowhere appears that any objection was made to tire order in the chancery court, or that any application was made to the chancellor to set it aside, or that he has refused to do so.
If it be as contended that the order was improper and should be vacated, still no necessity is shown for compulsory process against the chancellor, since it cannot .be assumed that he would not have granted…
2Cases cited1 opinion
- LeRoux v. Judge of Circuit CourtMichigan Supreme Court · 1881
3Cited by11 opinions
- Bank of Heflin v. MilesSupreme Court of Alabama · 1975
- Board of Commissioners v. MontgomerySupreme Court of Georgia · 1930
- Hill v. TarverSupreme Court of Alabama · 1900
- Bozeman v. DillardSupreme Court of Alabama · 1925
- Kolb v. Swann Chemical CorporationSupreme Court of Alabama · 1944
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