Ex parte Roundtree
Supreme Court of Alabama
Applications by petition, by Scott S. Roundtree and Robert F. Orr, respectively, for writs of prohibition to Hon. James S. Clark, tbe judge of tbe fourth judicial circuit, to restrain him from presiding in tbe “ Law and Equity Court of Morgan county,” or taking or exercising any jurisdiction, as the presiding judge of said court, of a certain cause therein pending against the petitioner Roundtree, or proceeding against the petitioner Orr, who had been summoned as a juror.
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Applications by petition, by Scott S. Roundtree and Robert F. Orr, respectively, for writs of prohibition to Hon. James S. Clark, tbe judge of tbe fourth judicial circuit, to restrain him from presiding in tbe “ Law and Equity Court of Morgan county,” or taking or exercising any jurisdiction, as the presiding judge of said court, of a certain cause therein pending against the petitioner Roundtree, or proceeding against the petitioner Orr, who had been summoned as a juror. The said court was established by an act of the legislature approved December 17, 1873, the material provisions of which…
1Opinion of the CourtBrickell, J.
The constitution vests the judicial power of the State “in the senate, sitting as a court of impeachment, a supreme court, circuit court, chancery court, courts of probate, such inferior courts of law and equity, to consist of not more than five members, as the general assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature.” Art. VI. § 1. The constitution of 1819 vested the judicial power “in one supreme court, circuit courts to be held in each county in the State, and such inferior courts of law and equity, to consist of not more…
2Cases cited5 opinions
- Nugent v. StateSupreme Court of Alabama · 1850
- Gaines v. HarvinSupreme Court of Alabama · 1851
- Balkum v. StateSupreme Court of Alabama · 1867
- Randolph v. BaldwinSupreme Court of Alabama · 1867
- State v. HudnalSupreme Court of South Carolina · 1820
3Cited by54 opinions
- Burks v. WalkerSupreme Court of Oklahoma · 1909
- Ex Parte BurchSupreme Court of Alabama · 1938
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Alabama Girls' Industrial School v. ReynoldsSupreme Court of Alabama · 1904
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