Legal Opinion

Ex parte Bell

Supreme Court of Alabama

Decided June 15, 1872Published

This was an application for mandamus. The facts upon which it is based are sufficiently stated in the opinion.

1Opinion of the CourtPeters, J.

This is an application for mandamus. The ground set out in the petition is as follows : On the 4th day of April, 1871, Jeremiah Collins sued petitioner, John Bell, by summons and complaint on a promissory note, for $400, in the circuit court of St. Clair county. The note bears date in October, 1861, and became due one day after date. The summons was served by the sheriff of said county of St. Clair, and his return was in the fob lowing words: “ Received in office, April 5th, 1871, executed by handing the within copy, April 12th, 1871.” Signed, “John C. Brown, sheriff.” After the return of…

2Cases cited3 opinions

  1. Watkins v. GayleSupreme Court of Alabama · 1842
  2. McGehee v. McGeheeSupreme Court of Alabama · 1845
  3. Bowen v. BissellNew York Supreme Court · 1831

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