Tilman v. State ex rel. Cross

Supreme Court of Alabama

Tilman v. State ex rel. Cross

46 So. 586, 155 Ala. 216, 1908 Ala. LEXIS 325

DecidedMay 21, 1908

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This text of 46 So. 586 (Tilman v. State ex rel. Cross) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tilman v. State ex rel. Cross, 46 So. 586, 155 Ala. 216, 1908 Ala. LEXIS 325 (Ala. 1908).

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Opinion

SIMPSON, J.

Without deciding whether or not the petition in this case ivas properly filed in the name of “State ex rel. Alex. Cross,” it appears that the petitioner had an adequate remedy at law, by appeal or certiorari, and, that being the case, the petitioner was not entitled to the writ of mandamus. — C'iv. Code 1896, § 2185; JUco parte Merritt, 142 Ala. 115, 88 South. 188. The judgment of the court is reversed, and a judgment will be here rendered' dismissing the petition.

Reversed and rendered.

Tyson, C. J., and Haralson and Denson, JJ., concur.

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SIMPSON, J.

Without deciding whether or not the petition in this case ivas properly filed in the name of “State ex rel. Alex. Cross,” it appears that the petitioner had an adequate remedy at law, by appeal or certiorari, and, that being the case, the petitioner was not entitled to the writ of mandamus. — C'iv. Code 1896, § 2185; JUco parte Merritt, 142 Ala. 115, 88 South. 188. The judgment of the court is reversed, and a judgment will be here rendered' dismissing the petition.

Reversed and rendered.

Tyson, C. J., and Haralson and Denson, JJ., concur.

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46 So. 586, 155 Ala. 216, 1908 Ala. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilman-v-state-ex-rel-cross-ala-1908.

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