Legal Opinion

Ex parte Smith

Supreme Court of Alabama

Decided June 15, 1853PublishedCited by 34 opinions

This was an application for a writ of prohibition, or any other remedial process within the jurisdiction of this court to grant, for the purpose of arresting certain proceedings had upon the order of the Hon. J, W. Lesesne, Chancellor, in vacation, upon a bill filed by Sarah 0. Smith against her husband Morgan Smith, the relator, in the matter of appointing a receiver.

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This was an application for a writ of prohibition, or any other remedial process within the jurisdiction of this court to grant, for the purpose of arresting certain proceedings had upon the order of the Hon. J, W. Lesesne, Chancellor, in vacation, upon a bill filed by Sarah 0. Smith against her husband Morgan Smith, the relator, in the matter of appointing a receiver. The bill, among many charges which it is unnecessary for the purposes of this investigation to( notice, substantially alleges that the complainant was married to the said Morgan Smith in the year 1824; that, in 1846, he…

1Opinion of the Court

CHILTON, C. J.'

By the second section of the fifth article of the constitution of this State, it is declared that, “ The Supreme Court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law; Provided, that the Supreme Court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a…

2Cases cited2 opinions

  1. People v. S. S. SewardNew York Supreme Court · 1832
  2. Attorney-General v. President, Directors & Co. of the Bank of ColumbiaNew York Court of Chancery · 1829

3Cited by34 opinions

  1. Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
  2. Ex parte SmithSupreme Court of Alabama · 1859
  3. Ex parte WalkerSupreme Court of Alabama · 1854
  4. Ex parte GreeneSupreme Court of Alabama · 1856
  5. State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867

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