Ex parte Hamilton
Supreme Court of Alabama
The petitioner in this case, Thomas A. Hamilton, claiming that he was elected an alderman for the sixth ward in the city of Mobile, at the election for municipal officers held on the second Monday in December, 1873, and had received the proper certificate of election from the sheriff as returning officer, applied to this court for a writ of prohibition, or other appropriate writ” or process, directed to the Hon. Adam C. Eeldek, chancellor of the southern chancery division,…
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The petitioner in this case, Thomas A. Hamilton, claiming that he was elected an alderman for the sixth ward in the city of Mobile, at the election for municipal officers held on the second Monday in December, 1873, and had received the proper certificate of election from the sheriff as returning officer, applied to this court for a writ of prohibition, or other appropriate writ” or process, directed to the Hon. Adam C. Eeldek, chancellor of the southern chancery division, presiding at Mobile, to restrain further proceedings in a cause pending in the chancery court at Mobile, wherein one…
1Opinion of the CourtPeters, C. J.
This is an application, for a writ of prohibition. The granting of such an application rests within the discretion of the court. It is not imperative. Ex parte Morgan Smith, 23 Ala. 94. Such a writ is only to be allowed, when its issuance is necessary to give a general superintendence and control of an inferior jurisdiction; and it is never to be resorted to, except in cases of usurpation or abuse of power, *65and not then, unless other remedies are ineffectual to meet the exigencies of the case. And authorities are not wanting, which declare that this writ should not be issued, in any instance,…
2Cases cited3 opinions
- Ex parte GreeneSupreme Court of Alabama · 1856
- Ex parte SmithSupreme Court of Alabama · 1853
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
3Cited by16 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- Hill v. TarverSupreme Court of Alabama · 1900
- Barber Pure Milk Co. v. Alabama State Milk Control BoardSupreme Court of Alabama · 1963
- Ex Parte WilkinsonSupreme Court of Alabama · 1929
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