Legal Opinion

Ex parte Dickens

Supreme Court of Alabama

Decided May 11, 1909PublishedCited by 84 opinions

Original petition in Supreme Oonrt. Charles O. Dickens was imprisoned as for a contempt for a failure to comply with certain decrees of the Mobile Chancery Court, and petitions for certiorari to review the proceedings leading up to his imprisonment. Certiorari is the proper remedy in this case. — McAllilley v. Horton, 75 Ala. 492; Camelen v. Bloch, 65 Ala. 239; A. G. 8. v. Christian, 82 Ala. 309; Stanfield v. Dallas County, 80 Ala. 290; Pub.

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Original petition in Supreme Oonrt. Charles O. Dickens was imprisoned as for a contempt for a failure to comply with certain decrees of the Mobile Chancery Court, and petitions for certiorari to review the proceedings leading up to his imprisonment. Certiorari is the proper remedy in this case. — McAllilley v. Horton, 75 Ala. 492; Camelen v. Bloch, 65 Ala. 239; A. G. 8. v. Christian, 82 Ala. 309; Stanfield v. Dallas County, 80 Ala. 290; Pub. Co. v. Press Assn., 102 Ala. 483 ; Beech n. Lavender, 138 Ala. 410; Ese parte Nat. L. Mfg. Co., 41 South. 10; Benton v. Taylor, 46 Ala. 388; Ex parte…

1Opinion of the CourtSimpson, J.

This is a proceeding by certiorari, from this court, seeking to have set aside certain orders of the chancery court under which the petitioner is imprisoned for contempt of court.

The first question which arises is whether or not the •petitioner can have relief by this proceeding. “By the ■common law the power is vested in the Supreme Court to review the orders, proceedings, and judgments of all inferior courts and tribunals, and pass upon the question of their jurisdiction and decisions on questions of law; but, in the absence of some statute conferring the power of reviewing the…

2Cases cited28 opinions

  1. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  2. In Re ChetwoodSupreme Court of the United States · 1897
  3. Ex parte HardySupreme Court of Alabama · 1880
  4. Brady v. BradySupreme Court of Alabama · 1905
  5. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893

23 more not listed; retrieve them via the Exa API.

3Cited by84 opinions

  1. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  2. Pérez Segovia v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico · 1948
  3. Woodward Iron Co. v. BradfordSupreme Court of Alabama · 1921
  4. Greek v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922
  5. Board of Revenue v. MerrillSupreme Court of Alabama · 1915

79 more not listed; retrieve them via the Exa API.

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