Legal Opinion
Ex Parte Wright
Supreme Court of Alabama
Decided June 16, 1932No. 6 Div. 163PublishedCited by 20 opinions
1Opinion of the CourtThomas, J.
The petition was for mandamus to the circuit judge to vacate a decree entered in the court of equity.
It is established that mandamus will not be granted where the petitioner has a remedy by appeal. In Ex parte Schmidt & Smith, 62 Ala. 252, 254, Mr. Chief Justice Stone states the rule that has since obtained in this jurisdiction. It is:
“To authorize the issue of the writ of mandamus, there must be a clear legal right, and no other adequate remedy. The writ lies to compel the execution of ministerial duties, in all proper cases. As to judicial functions, the rule is different. The writ will be…
2Cases cited20 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. CobbSupreme Court of Alabama · 1972
- Ex Parte McElroySupreme Court of Alabama · 1941
- Finley v. JenkinsSupreme Court of Alabama · 1955
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Ex Parte MooreSupreme Court of Alabama · 1942
15 more not listed; retrieve them via the Exa API.