Ex parte State in re Stephenson
Supreme Court of Alabama
Application for Mandamus. This was a petition addressed to the Judges of the Supreme Court of Alabama asking for the alternative writ of mandamus, to the judge of the city court of Montgomery, commanding him to show cause why the order made by him, striking from the trial docket of his said court the case of the State of Alabama against Noah Stephenson should not be vacated and annulled, and said cause re-entered on said trial docket.
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Application for Mandamus. This was a petition addressed to the Judges of the Supreme Court of Alabama asking for the alternative writ of mandamus, to the judge of the city court of Montgomery, commanding him to show cause why the order made by him, striking from the trial docket of his said court the case of the State of Alabama against Noah Stephenson should not be vacated and annulled, and said cause re-entered on said trial docket. The facts of the case are sufficiently stated in the opinion.
1Opinion of the CourtBriokell, C. J.
There have been but few applications made on behalf of the State, for remedial writs to correct errors intervening, or supposed to have intervened, in the course of the proceedings of inferior courts in the exercise of criminal jurisdiction. Such application must be made in the name of the State, and must be made by and through the Attorney-General; there is no other officer entitled to use the name and authority of the State. In the two cases, Ex parte State of Alabama, *8671 Ala. 363; Ex parte State of Alabama, In re Henry Merlet, Ib. 371, the application was made in the name of “The State of…
2Cases cited1 opinion
- Ex parte StateSupreme Court of Alabama · 1882
3Cited by17 opinions
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- State Ex Rel. Chilton County v. ButlerSupreme Court of Alabama · 1932
- Try-Me Bottling Co. v. StateSupreme Court of Alabama · 1938
- State Ex Rel. Gaston v. CunninghameSupreme Court of Alabama · 1927
- Riley v. Cornerstone Community Outreach, Inc.Supreme Court of Alabama · 2010
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