Ex parte Henderson
Supreme Court of Alabama
This was an original application in this court for a mandamus, to compel the probate judge of Wilcox county, to sign a bill of exceptions. It is unnecessary, in the view taken of the application by the court, to give the facts upon which the application was based. Application for mandamus.
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This was an original application in this court for a mandamus, to compel the probate judge of Wilcox county, to sign a bill of exceptions. It is unnecessary, in the view taken of the application by the court, to give the facts upon which the application was based. Application for mandamus. That mandamus will lie to compel a judge to sign a bill of exceptions, is a well settled principle of common law. 1 Kent’s Com. 323, which has been recognized in this State ; Etheridge v. Hall, 7 Porter, 47, and in many subsequent cases. Should it be insisted that the application should have been made first…
1Opinion of the CourtPeck, C. J.
This is an original application to this court, to grant a writ of mandamus to require the probate judge of Wilcox county, to sign and seal a bill of exceptions, at instance of the applicant. Without considering the merits of the application in any wise, we decline to take jurisdiction of it, because it is an original application, and no sufficient reasons are shown, why it was not made to the circuit court of the proper circuit, or to the judge of that court in vacation.
The circuit courts have original jurisdiction in all matters, civil and criminal, within the State, not otherwise excepted…
2Cases cited2 opinions
- Ex parte SimontonSupreme Court of Alabama · 1839
- Ex parte MansonySupreme Court of Alabama · 1840
3Cited by4 opinions
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Ex parte Grant & O'BarrSupreme Court of Alabama · 1875
- Ex parte Town of RoanokeSupreme Court of Alabama · 1897
- Ex parte Pearl Roller Mill Co.Supreme Court of Alabama · 1908