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107 Ala. 493

Ex parte McKissack

Supreme Court of Alabama

Decided November 15, 1894

Supreme Court of Alabama · decided 1894-11-15

Original application for mandamus, before the Supreme Court. S. J. McKissack and R. L. McKissack filed their original petition for mandamus in the Supreme Court, in which they allege the following facts : On December 13, 1892, Weitz, Beidler & Oo. sued out an attachment against S. J. McKissack alone for the sum of $1,330 before a justice of the peace of Henry county, returnable to the circuit court of Henry county.

Cited by 2 later decisions — most recently May 1925

2 state decisions

Relies on Ex parte South & North Ala. Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1894-11-15

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PER CURIAM.

¶1If the bond for the attachment had become insufficient by reason of the matters stated in the motion to dismiss the suit, it rested within the sound discretion of the circuit court to entertain the motion to dismiss, or to refuse it, putting the defendants to a plea in abatement, if they would avail themselves of the insufficiency of the bond. The exercise of the discretion cannot be controlled hv mandamus. 2 Brick. Dig., 241, §§ 21,22. If a plea in abatement had been resorted to, and the plea pronounced insufficient, the judgment of the court would be capable of revision on appeal. When full relief can be had by appeal, that remedy must be pursued. Mandamus lies only where there is a specific legal right, and there is no other specific legal remedy adequate to its enforcement. Ex parte S. & N. Ala. R. R. Co. 65 Ala. 599.

¶2The application for mandamus must be overruled.

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