Legal Opinion

Ex parte Bryan

Supreme Court of Alabama

Decided June 15, 1870PublishedCited by 13 opinions

This was an application, by Harry Bryan, to this court for a mandamus, to compel the circuit court of Elmore, Hon. J. Q. Smith, judge presiding, to vacate and set aside an order, made by said court, transferring the trial of the case of The State vs. Harry Bryan, on an indictment f.or burglary, to the county of Montgomery.

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This was an application, by Harry Bryan, to this court for a mandamus, to compel the circuit court of Elmore, Hon. J. Q. Smith, judge presiding, to vacate and set aside an order, made by said court, transferring the trial of the case of The State vs. Harry Bryan, on an indictment f.or burglary, to the county of Montgomery. The petitioner alleges that said order was made, when neither petitioner nor his counsel was personally present. - At a former term of the circuit court of Elmore, the petitioner made an application for a change of venue, for eauses set out in his affidavit; on the hearing…

1Opinion of the CourtPeters, J.

The petitioner, Harry Bryan, comes her© upon his petition, and moves this court for a writ of mandamus, or other appropriate writ or order, to compel the circuit court of Elmore county to set aside an order for a change of venue, in the case of The State vs. said Harry Bryan, upon a charge of burglary, made in the said circuit court, at the spring term, 1870, by which the trial of said case had been removed to the county of Montgomery, in this State, under direction of an order nisi for an alternative mandamus, issued out of this court at the last term, on an application for mandamus in this…

2Cases cited5 opinions

  1. Henry v. StateSupreme Court of Alabama · 1859
  2. Hall v. StateSupreme Court of Alabama · 1867
  3. State v. HughesSupreme Court of Alabama · 1841
  4. Ex parte ChaseSupreme Court of Alabama · 1869
  5. Bryan v. StateSupreme Court of Alabama · 1869

3Cited by13 opinions

  1. Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
  2. Ex Parte BurtonSupreme Court of Alabama · 1994
  3. Ex Parte DeBruceSupreme Court of Alabama · 1994
  4. Haynes v. StateAlabama Court of Appeals · 1958
  5. Ex Parte MorrowSupreme Court of Alabama · 1953

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