Ex parte Harris
Supreme Court of Alabama
The judge of the first judicial circuit (Hon. George H. Craig) having refused to approve the official bond tendered him by the relator, George E. Harris, he now applies to this court for a mandamus to compel him to do so. The issuance of a rule nisi was waived, and the following facts agreed upon, which were to be taken as if shown in answer to the rule: — At the last general election relator was duly elected sheri of Hale county.
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The judge of the first judicial circuit (Hon. George H. Craig) having refused to approve the official bond tendered him by the relator, George E. Harris, he now applies to this court for a mandamus to compel him to do so. The issuance of a rule nisi was waived, and the following facts agreed upon, which were to be taken as if shown in answer to the rule: — At the last general election relator was duly elected sheri of Hale county. The count of votes cast at that election, in the county of Hale, was not finished until the 10th day of November, seven days after the election. Returns of the…
1Opinion of the CourtBrickell, C. J.
To warrant the issue of a mandamus, the relator must show that he has a clear legal right to the performance of the duty or the exercise of the power sought to be compelled. The existence of a substantial doubt as to the right or power of the officer who is to be coerced to perform the particular duty, or to do the particular act, forbids compulsion by mandamtis. High. Ext. Rem. § 32. Nor will a mandamus be awarded on an inchoate legal title. Thomason v. The Justices, 3 Humph. 233. At an early day in this State, it was determined that mandamus is not a proper remedy to try the right to a…
2Cases cited12 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Foshee v. State Ex Rel. MesserSupreme Court of Alabama · 1923
- State Ex Rel. Florida Industrial Comm. v. WillisDistrict Court of Appeal of Florida · 1960
34 more not listed; retrieve them via the Exa API.