Ex parte Matthews
Supreme Court of Alabama
In tlie Supreme Court. Application by T. J. Mathews for mandamus against (1. K. Miller, as judge of the city court of Talladega, to compel the granting of a motion staying further proceedings in an action by one Farrell against Mathews until Farrell should pay the costs of a prior appeal within a reasonable time, ox*, in default thereof, that the suit be dismissed. The facts sufficiently appear in the opinion of the court.
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In tlie Supreme Court. Application by T. J. Mathews for mandamus against (1. K. Miller, as judge of the city court of Talladega, to compel the granting of a motion staying further proceedings in an action by one Farrell against Mathews until Farrell should pay the costs of a prior appeal within a reasonable time, ox*, in default thereof, that the suit be dismissed. The facts sufficiently appear in the opinion of the court. To trace history of the rule to stay proceedings until costs are paid, aidsing first in ejectment suits, and then extending' to other causes, see 23 Am. & Eng. Enc. of Law…
1Opinion of the CourtDenson, J.
Farrell, as plaintiff, sued MatheAvs. as defendant, at laAV, in the city court of Talladega, and recovered a- judgment against him. From that judgment MatheAvs appealed to the supreme court, and the cause AAras reversed and remanded for another trial in the court beloAv. On the appeal the supreme court rendered a judgment against Farrell for the costs of the appeal. Execution Avas issued from the supreme court on the judgment against Farrell for the costs, and Avas returned by the sheriff “No property'found.” Thereupon, in accordance Avitli t;he statute (section 1361. of the Code of 1896, and…
2Cases cited8 opinions
- Harless v. PettyIndiana Supreme Court · 1884
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Ex parte ShearSupreme Court of Alabama · 1890
- McIntosh v. HobenWisconsin Supreme Court · 1860
- Skeels v. BodineAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by5 opinions
- Alabama Fuel & Iron Co. v. WilliamsSupreme Court of Alabama · 1921
- Central of Georgia Railway Co. v. ChambersSupreme Court of Alabama · 1916
- Weile v. SturtevantCalifornia Supreme Court · 1917
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1931
- Ex Parte ClemmonsSupreme Court of Alabama · 1943