State ex rel. Scott v. Waller
Supreme Court of Alabama
Appeal from the City 'Court of Montgomery. Heard before the Hon. A. D. Sayre. The facts of this case are sufficiently shown in the opinion.
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Appeal from the City 'Court of Montgomery. Heard before the Hon. A. D. Sayre. The facts of this case are sufficiently shown in the opinion. The demurrer which was filed to the petition assigned substantially the following grounds: 1. Said petition and rule show that the relator has.another and adequate remedy at law. 2. Said petition and rule fail to 'show that relator has any specific right. 3. Said petition and rule show that if 'any injury is done by the enforcement of the execution in controversy, it will be to the respondent in the decree, and not to the relator. 4. Said petition and…
1Opinion of the CourtHaralson, J.
It may be stated generally as true, that when ¡the plaintiff has ceased to have any interest in a judgment or decree of a court in his favor, by reason of his having assigned it to another, his right to control the process has ceased, and the assignee may control the execution. — 1 Freeman Ex. p. 61, § 21.
“The invariable test by which the right of a party applying for mandamus is determined, is to inquire, first, whether he has a clear legal right; and if he has, then, secondly, whether there is any other adequate remedy to which lie can resort to enforce his ri°iit.” — Withers v. State, 36…
2Cases cited1 opinion
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
3Cited by3 opinions
- Ex Parte CrossSupreme Court of Alabama · 1945
- Belyeu v. BomanSupreme Court of Alabama · 1949
- State ex rel. Matson v. LaurendineSupreme Court of Alabama · 1917