Ex parte Edwards
| Decision Date | 30 June 1899 |
| Citation | 26 So. 643,123 Ala. 102 |
| Parties | EX PARTE EDWARDS. |
| Court | Alabama Supreme Court |
Petition of R. E. Lee Edwards for a writ of mandamus. Writ denied.
Charles L. Bromberg, Jr., and Sullivan & Stallworth, for petitioner.
R. W. Stoutz, for respondent.
This petition is for a writ of mandamus to the respondent, the chancellor, to require him to set aside an order made in a cause pending in the chancery court to which this petitioner was a party. It nowhere appears that any objection was made to the order in the chancery court, or that any application was made to the chancellor to set it aside, or that he has refused to do so. If it be as contended that the order was improper and should be vacated, still no necessity is shown for compulsory process against the chancellor, since it cannot be assumed that he would not have granted voluntarily a meritorious application to set it aside. For that reason, and without otherwise considering the merits of the application here made, it will be denied. Le Roux v. Judge, 45 Mich. 416, 8 N.W. 100.
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