Ex parte State

Under the adjudications of this court, we feel constrained to hold that the case of The State of Alabama v. Noah Stephenson was improperly stricken off the docket of the city court. On the showing made by the judge of that court in response to the rule nisi whatever of irregular action, or omission to act, occurring in the case and resulting in failure to docket the cause prior to 1896, was the action or omission of the clerk of the court with which neither the court ' nor the solicitor had anything to do; and it is well settled that the mere omission of ministerial duty on the part of the…