Ex Parte Willliams

Noble Williams and the City of Phenix City petition this Court for a writ of mandamus directing the Circuit Court of Russell County to dismiss an election contest for lack of jurisdiction because Arthur Sumbry, the plaintiff in the contest, failed to "give good and sufficient security for the costs of the contest" within the time prescribed by law.See § 17-15-29, Ala. Code 1975.

We have held that mandamus is a drastic and extraordinary writ to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform,…