McConnell v. Goodwin
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Petition, by D. E. McConnell against E. P. Goodwin, as Judge of Probate to recuse himself in a proceeding to establish a public road. From a judgment denying the petition, petitioner appeals. The petition showed that a proceeding was pending in the probate court of Fayette county, filed by the road supervisor in the name of the county, for the establishment of a public road.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Petition, by D. E. McConnell against E. P. Goodwin, as Judge of Probate to recuse himself in a proceeding to establish a public road. From a judgment denying the petition, petitioner appeals. The petition showed that a proceeding was pending in the probate court of Fayette county, filed by the road supervisor in the name of the county, for the establishment of a public road. The petition charged that appellee, as probate judge of Fayette county, was not competent to sit as judge of said proceedings, because, first, he was a…
1Opinion of the CourtSomerville, J.
The writ of mandamus and in-
cidental prohibition, being peremptory in character and issued in vacation, was void, and properly quashed.—Ex parte Ray, 45 Ala. 15; Ex parte Boothe, 64 Ala. 312-319. The fiat under which the writ was issued was void for the same reason, and was bad also, in that it left the selection of the “appropriate 'writ”. to the discretion of the circuit clerk, a judicial authority which could not be thus delegated.
It remains only to determine whether the court properly refused to issue a new writ and properly dismissed the petition. Where a judge is incompetent, whether on…
2Cases cited8 opinions
- Sauls v. FreemanSupreme Court of Florida · 1888
- Fulton v. LongshoreSupreme Court of Alabama · 1908
- Ex parte HurnSupreme Court of Alabama · 1890
- Foreman v. Town of MariannaSupreme Court of Arkansas · 1884
- Bryce v. BurkeSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McMurphy v. StateCourt of Criminal Appeals of Alabama · 1984
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- State Ex Rel. Miller v. AldridgeSupreme Court of Alabama · 1925
- National Ass'n for the Advancement of Colored People v. StateSupreme Court of Alabama · 1963
- Owens v. StateCourt of Criminal Appeals of Alabama · 1973
9 more not listed; retrieve them via the Exa API.