Ex parte South & North Ala. Railroad
Supreme Court of Alabama
Application by petition, on the part of the South and North Alabama liailroad Company, for a mandamus to the Hon. John P. Hubbard, presiding in the Circuit Court of Butler, commanding and requiring him to vacate an order made in term time, by which he allowed certain amendments to the complaint in an action pending in said court against the petitioner, and to the allowance of which a bill of exceptions was duly reserved by the petitioner.
1Opinion of the CourtSomebyille, J.
— In this case, the petitioner seeks, by mandamus, to vacate an order of the Circuit Court of Butler county, granting certain amendments to the complaint, in a suit pending in that court, in which the petitioner was the de*600fendant, and the Planters’ and Merchants’ Insurance Company of Mobile was plaintiff. The respondent insists that the writ can not properly be resorted to, in order to correct such an error, even if the action of the lower court be conceded to be erroneous.
The principle is conceded, that the writ of mandamus will be granted, to prevent the failure of justice, only in cases…
2Cases cited8 opinions
- Ex parte GarlandSupreme Court of Alabama · 1868
- Ex parte ElstonSupreme Court of Alabama · 1854
- Ex parte PutnamSupreme Court of Alabama · 1852
- Ex parte GarlingtonSupreme Court of Alabama · 1855
- Murphy v. State ex rel. EggerSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- State v. CobbSupreme Court of Alabama · 1972
- Ex parte WattersSupreme Court of Alabama · 1913
- Ex parte HayesSupreme Court of Alabama · 1890
- Miller v. HolderSupreme Court of Alabama · 1974
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