Reports of Cases Argued And Determined in the Supreme Court of Alabama
Reports of Cases Argued And Determined in the Supreme Court of Alabama
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In our eReader you can find the full English version of the book. Read Reports of Cases Argued And Determined in the Supreme Court of Alabama Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Argued And Determined in the Supreme Court of Alabama
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278, and Bradford v. Bush, 10 Ala. 274.
That the chancellor before whom the case is pending has the power to make an order for restitution in such case, is not controverted. The parties are before him, and in and about, and in the conduct of that cause, they are sublect to his control The facts which constitute the only predi- cate for such an order — a decree, payment under it, and its reversal — are a part of the cause itself. There can be no dispute or mistake about them. On them the order f...or resti- tution goes as a matter of course. It does not involve the exercise of judicial functions. There is Ho remedy for the refusal to grant the order, except mandamus. Our opinion is, that mandamus is the proper remedy. And the writ will be awarded in this case, to be issued only on the further application of petitioners^ counsel, if restitution, or an order therefor, is not made in the court below upon advice of our conclusion.
89 240 '^l Louisville & Nashville R. R. Co. v.
1184 awl Crawford.
What to read after Reports of Cases Argued And Determined in the Supreme Court of Alabama?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
278, and Bradford v. Bush, 10 Ala. 274.
That the chancellor before whom the case is pending has the power to make an order for restitution in such case, is not controverted. The parties are before him, and in and about, and in the conduct of that cause, they are sublect to his control The facts which constitute the only predi- cate for such an order — a decree, payment under it, and its reversal — are a part of the cause itself. There can be no dispute or mistake about them. On them the order f...or resti- tution goes as a matter of course. It does not involve the exercise of judicial functions. There is Ho remedy for the refusal to grant the order, except mandamus. Our opinion is, that mandamus is the proper remedy. And the writ will be awarded in this case, to be issued only on the further application of petitioners^ counsel, if restitution, or an order therefor, is not made in the court below upon advice of our conclusion.
89 240 '^l Louisville & Nashville R. R. Co. v.
1184 awl Crawford.
What to read after Reports of Cases Argued And Determined in the Supreme Court of Alabama?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
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