Ex parte Shear
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. This is a motion made by Lillie Y. Shear for a mandamus, or other remedial writ, against Hon. Leroy E. Box, Judge of the 7th Judicial Circuit, to require him to vacate an order rendered in the case of Lillie V. Shear v. Woodstock Iron Company.; in the Circuit Court of Calhoun County, requiring plaintiff to pay the costs of former suit in ejectment between the same parties, and relative to the same subject-matter, before proceeding…
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Appeal from the Circuit Court of Calhoun. This is a motion made by Lillie Y. Shear for a mandamus, or other remedial writ, against Hon. Leroy E. Box, Judge of the 7th Judicial Circuit, to require him to vacate an order rendered in the case of Lillie V. Shear v. Woodstock Iron Company.; in the Circuit Court of Calhoun County, requiring plaintiff to pay the costs of former suit in ejectment between the same parties, and relative to the same subject-matter, before proceeding further with this second suit. Upon the bringing of the second suit of ejectment by said Lillie ,Y. Shear against the…
1Opinion of the CourtStone, C. J.
In England, the doctrine of former recovery, in its general extent, does not apply to tlie somewhat anomalous action of ejectment. In that country, any number of actions could be brought consecutively, and, in the absence of exceptional circumstances, one recovery was no bar to a second suit. It was only when chancery intervened to prevent oppression, that the prosecution of continued suits could be arrested. With us, this question is partially regulated by statute. — Code of 1886, § 2714.
To prevent an abuse of this power to oppress tenants in possession by irresponsible suitors, it was long…
2Cases cited4 opinions
- Saxton v. StowellNew York Court of Chancery · 1845
- Jackson ex dem. Livingston against EdwardsNew York Supreme Court · 1823
- Kerr v. DavisNew York Court of Chancery · 1838
- Taylor v. VandervoortNew York Supreme Court · 1832
3Cited by9 opinions
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Ponder v. CheevesSupreme Court of Alabama · 1893
- Ex parte MatthewsSupreme Court of Alabama · 1906
- Peterson v. EvansUtah Supreme Court · 1920
- Windsor v. HollowayOregon Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.