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249 Ala. 374

31 So.2d 81

Jones v. Jones

Supreme Court of Alabama

Decided May 8, 1947

Supreme Court of Alabama · decided 1947-05-08

Relies on Ex parte Dickens · Board of Revenue v. Merrill · Poyner v. Whiddon

Good law ✅— No negative treatment on recordhow we know

Decided 1947-05-08

How this case has been cited

Cited by 19 later decisions — most recently May 1978

19 state decisions

1201947195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LIVINGSTON, Justice.

¶1 This is an appeal from a decree of the Circuit Court, in Equity, of Jefferson County, Alabama, adjudging Robert Jones in contempt of court for his failure or refusal to pay an award for separate maintenance to his wife in accordance with the decree of that court. Appellant also on submission prayed for the alternative writ of mandamus in the event the appeal was found not to be the proper remedy.

¶2 It has long been the rule in this jurisdiction that contempt proceedings are not reviewable by appeal ttnder our statutes. The remedy is by certiorari. Easton v. State, 39 Ala. 551, 87 Am.Dec. 49; Ex parte Dickens, 162 Ala. 272, 50 So. 218; Alabama Power Co. v. Adams, 191 Ala. 54, 67 So. 838, Ann.Cas.1917C, 878; Board of Revenue of Covington County v. Merrill, 193 Ala. 521, 542, 68 So. 971; Preskitt v. Chandler, 214 Ala. 278, 107 So. 750; Bankston v. Lakeman, 219 Ala. 508, 122 So. 819; Pope v. State, 229 Ala. 643, 159 So. 51.

¶3 The writ of mandamus is an extraordinary legal remedy grantable only when petitioner shows a clear, specific legal right for the enforcement of which there is no other adequate remedy. Poyner v. Whiddon, 234 Ala. 168, 174 So. 507. It will not lie for the mere purpose of review. Ex parte Hartwell, 238 Ala. 62, 188 So. 891. Certiorari affords appellant petitioner an adequate remedy, and is the only available remedy to review the action of the trial court in a civil contempt proceeding.

¶4 The appeal is dismissed, and the writ of mandamus is denied.

¶5 Appeal dismissed: mandamus denied.

All the Justices concur.
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