Longshore v. State
| Decision Date | 11 June 1903 |
| Citation | 34 So. 684,137 Ala. 636 |
| Parties | LONGSHORE, JUDGE, ET AL. v. STATE EX REL. TURNER. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Shelby County; A. H. Alston, Judge.
Application for mandamus by the state, on the relation of one Turner against one Longshore, probate judge of Shelby county, and others. From a judgment awarding a peremptory writ respondents appeal. Reversed.
Brown & Leeper, for appellants.
Thos L. Bulger, for appellee.
This is a petition for mandamus prosecuted by the state, on the relation of Turner, against Longshore, probate judge of Shelby county, etc., the commissioners' court of that county, and the members of said court. The prayer of the petition is for an alternative writ of mandamus to be directed to the respondents, "commanding them, and each of them, to take all necessary steps and make all necessary orders to issue and sell bonds of said county of Shelby to the amount of $10,000, the proceeds to be used only for the erection and equipment of a courthouse and jail at Calcis, where the same has been constitutionally located, or to provide by other means a sufficient amount of money to erect a suitable courthouse and jail at Calcis, where the same has been constitutionally and legally located, and to properly equip and furnish the same with record books and other necessary equipments, or to show cause at the next term of the circuit court of Shelby county, at the place of holding the same, * * * why the said court of county commissioners of Shelby county should not take all necessary steps and make all necessary orders to issue and sell bonds of said Shelby county to the amount of $10,000, the proceeds to be used only for the erection and equipment of such courthouse and jail, or to provide by other means a sufficient amount of money to erect a suitable courthouse and jail at Calcis, * * * and to properly equip and furnish the same with record books and other necessary equipments." On presentation of this petition to the circuit judge, he made an order granting its prayer, and directing the clerk of the court "to issue rule nisi, directed as prayed for, and returnable" to a specified day of the ensuing term of the circuit court of Shelby county. The clerk issued a writ commanding the sheriff to notify the respondents "to appear" at the time and place fixed in said order, "then and there to show cause, if any they have, why the said" respondents (naming them), "as hereinabove set forth, have refused and neglected to discharge the duties imposed on them under the ordinance of the constitutional convention of the state of Alabama."
Upon a reading of the prayer of the petition, the order made by the court in response thereto, and the writ issued by the clerk as they are set out above, it is at once obvious that the writ so issued is wholly bad. In the first place, the alternative writ in mandamus is not process, merely, but both...
To continue reading
Request your trial
-
Guaranty Funding Corp. v. Bolling
...met by raising questions of law, upon the facts stated in the writ, by way of demurrer. . . .' In Longshore, Judge, etc. v. State ex rel. Turner, 137 Ala. 636, 34 So. 684, Mr. Chief Justice McClellan, writing for the court, '. . . In the first place, the alternative writ in Mandamus is not ......
-
Ex parte Register
...of an alternative writ, sometimes called a rule nisi. Long v. Winona Coal Co., 206 Ala. 315, 89 So. 788; Longshore, Judge v. State ex rel. Turner, 137 Ala. 636, 34 So. 684; Gordon v. State ex rel. Cole, 237 Ala. 113, 185 So. The effect of such alternative writ, either of mandamus or prohibi......
-
Board of Education of Jefferson County v. State, 6 Div. 750.
... ... The ... relief sought being for the enforcement of a public duty by ... respondents, action was properly brought in the name of the ... state on the relation of said petitioners. State ex rel ... Smith, Treasurer, etc., v. White, Auditor, 116 Ala. 203, ... 23 So. 31; Longshore, Judge, etc., v. State ex rel ... Turner, 137 Ala. 636, 34 So. 684; Bryce v. Burke, ... Probate Judge, 172 Ala. 219, 55 So. 635; 38 C.J. 834 ... And in mandamus a rule to show cause is ... [131 So. 243] ... treated as the substantial equivalent of an alternative writ, ... and, where the ... ...
-
Greene v. Washington County Bd. of Educ.
...of this contention are the cases of Gainer v. Board of Education of Jefferson County, 250 Ala. 256, 33 So.2d 880; Longshore v. State ex rel. Turner, 137 Ala. 636, 34 So. 684. The petition for mandamus as filed by petitioner below, contained a step by step narrative of the acts of the Washin......