State Ex Rel. Dueitt v. Thornton

Alabama Court of Appeals

State Ex Rel. Dueitt v. Thornton

176 So. 809, 27 Ala. App. 574, 1937 Ala. App. LEXIS 139

CourtAlabama Court of Appeals

DecidedJune 29, 1937

Docket1 Div. 280.

StatusPublished

Cited by1 cases

This text of 176 So. 809 (State Ex Rel. Dueitt v. Thornton) 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

State Ex Rel. Dueitt v. Thornton, 176 So. 809, 27 Ala. App. 574, 1937 Ala. App. LEXIS 139 (Ala. Ct. App. 1937).

Pincite

Opinion

*575 PER CURIAM.

The court has read, studied, and considered the petition, answer, and replication, filed in this case, sitting en banc.

It would seem the principles of law governing are not the subject of controversy. The whole situation resolves itself into a question of fact, i. e., whether or not the respondent judge, under the circumstances shown clearly — or without dispute — abused the discretion reposed in him under the law. See Ex parte Gay (Sov. Camp., W. O. W., v. Gay), 213 Ala. 5, 104 So. 898.

We deem it sufficient that we merely state that we are not persuaded he has done so.

The writ of mandamus is, accordingly, denied.

Writ denied.

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