Ex parte Peterson
Supreme Court of Alabama
Application for a prohibition, or other remedial process, to the Hon. ¥m. M. Brooks, late judge of the first judicial circuit, to restrain further proceedings under certain orders of said judge alleged to be unauthorized. The petitioners were Sarah Peterson, Tabitha Peterson, Thos.
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Application for a prohibition, or other remedial process, to the Hon. ¥m. M. Brooks, late judge of the first judicial circuit, to restrain further proceedings under certain orders of said judge alleged to be unauthorized. The petitioners were Sarah Peterson, Tabitha Peterson, Thos. Peterson, and Lawrence Peterson, minors suing by their next friend; and the facts on which they predicated their right to the relief sought, as shown by their petition and the accompanying transcripts, are as follows: On the 3d May, 1858, the probate court of Dallas rendered four separate decrees, one in favor of…
1Opinion of the CourtStone, J.
—In Exparte Greene and Graham, 29 Ala, 52, 58, we said, the writ of prohibition is “never to be resorted to, except in cases of usurpation or abuse of power, and not then, unless other remedies are ineffectual to meet the exigencies of the case.” We said further, “our power under this application is confined to the inquiry, has the inferior tribunal assumed to act upon a matter, or upon the rights of a party, that could not be determined, or proceeded against in that forum.”—See, also, Ex parte Morgan Smith, 23 Ala. 94; Ex parte Walker, 25 Ala, 81.
We will first consider the power of this…
2Cases cited1 opinion
- Ex parte SmithSupreme Court of Alabama · 1853
3Cited by15 opinions
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- The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
- Knights v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1920
- Atkins v. SiddonsSupreme Court of Alabama · 1880
- State ex rel. Bank of Chadron v. District Court of Weston CountyWyoming Supreme Court · 1895
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