Ex parte Davis

Alabama Court of Appeals

Ex parte Davis

171 So. 2d 263, 42 Ala. App. 549, 1965 Ala. App. LEXIS 380

CourtAlabama Court of Appeals

DecidedJanuary 26, 1965

Docket6 Div. 93

StatusPublished

Cited by3 cases

This text of 171 So. 2d 263 (Ex parte Davis) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Davis, 171 So. 2d 263, 42 Ala. App. 549, 1965 Ala. App. LEXIS 380 (Ala. Ct. App. 1965).

Pincite

Opinion

CATES, Judge.

This is an original petition for a writ of mandamus to compel the Circuit Court of Blount County “to issue a ruling on” Davis’s petition for writ of error coram nobis filed there October 6, 1964.

There is no showing by Davis that his case is preferred and that, like Abou Ben Adhem, his name leads all the rest. We cannot take judicial notice of the state of the trial docket of a circuit court.'

Therefore, there is nothing to show that the circuit court has, in effect, refused to act on Davis’s petition. Carnley v. State ex rel. West Boylston Mfg. Co., 250 Ala. 403, 34 So.2d 681.

The Attorney General’s motion to strike is well taken.

Petition stricken, writ denied.

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