Legal Opinion

Ex Parte State Ex Rel. Tillery

Supreme Court of Alabama

Decided June 7, 1928No. 6 Div. 137PublishedCited by 1 opinion

1Opinion of the CourtThomas, J.

The petition was for prohibition to the circuit judge to prevent further procedure a.s indicated in the pleading, in the cause held coram non judice. Tillery v. Tillery, ante, p. 142, 115 So. 27, 28.

On the former appeal it was declared the decree rendered was “void for want of ju risdiction”; that subsequent proceedings therein were likewise “void and would not support an appeal.” This being the effect of the bill and pleading theretofore filed and action thereon, before amendment averring the jurisdictional facts, there was not sufficient predicate on which to base the action for pendente…

2Cases cited5 opinions

  1. Ex parte SmithSupreme Court of Alabama · 1853
  2. Tillery v. TillerySupreme Court of Alabama · 1927
  3. Ex parte BrownSupreme Court of Alabama · 1877
  4. Anders v. LindseySupreme Court of Alabama · 1919
  5. Ex parte Seals Piano Co.Supreme Court of Alabama · 1914

3Cited by1 opinion

  1. State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929

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