Ex parte Forman
Supreme Court of Alabama
This was an original application 'for mandamus, filed in the Supreme Court, asking that a writ of mandamus be directed to Hon. W. L. Parks, chancellor of the southeastern chancery division, commanding 'him to make an order asked for by petitioner in a petition directed to said chancellor. The petitioner, George M. Foranan, filed Ms petition, addressed to Win. L. Parks, chancellor of the southeastern chancery division.
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This was an original application 'for mandamus, filed in the Supreme Court, asking that a writ of mandamus be directed to Hon. W. L. Parks, chancellor of the southeastern chancery division, commanding 'him to make an order asked for by petitioner in a petition directed to said chancellor. The petitioner, George M. Foranan, filed Ms petition, addressed to Win. L. Parks, chancellor of the southeastern chancery division. In this petition it was averred that in a suit pending between one Thos. R. McCarty and the Loan Company of Alabama and others, there was a decree rendered ordering the sale of…
1Opinion of the CourtHaralson, J.
1. The defendant could not, on the facts presented, be held guilty of a contempt for a disobedience to the orders of the court. It is not shown that he kneAV, or ever' heard of the issuance of the writ of assistance in the case referred to, or that Geo. M. For-man, who applies for this writ, ever was put in possession of said premises under said writ of assistance. The plaintiff practically abandons this feature of his case, saying by counsel in brief filed: “All that is asked for here, is an order for the defendant to show cause, if he has any excuse, for hi® having re-entered” the premises,…
2Cases cited1 opinion
- Hooper v. YongeSupreme Court of Alabama · 1881
3Cited by3 opinions
- Long v. MorrisSupreme Court of Alabama · 1912
- Sexton v. Harper & MayfieldSupreme Court of Alabama · 1925
- Leach v. RosebrookSupreme Court of Alabama · 1910