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254 Ala. 595

Ex parte Sparks

Supreme Court of Alabama

Decided December 14, 1950

Supreme Court of Alabama · decided 1950-12-14

Relies on Krasner v. Gurley

Good law ✅— No negative treatment on recordhow we know

Decided 1950-12-14

How this case has been cited

Cited by 13 later decisions — most recently December 2009

13 state decisions

40195019601970198019902000decided

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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BROWN, Justice

¶1(dissenting).

¶2The effect of the decree involved in this case dismissing the case for want of prosecution was to strike it from the docket. This, under the circumstances stated, the court had a right to do. While this dismissal did not affect the validity of the previous final decree settling the equities between the parties, it terminated the Us pendens and made it necessary that the party interested file a supplemental bill invoking the power of the court to enforce said decree. I am, therefore, of the opinion that the mandamus in this case should be denied. Ex parte Krasner, 249 Ala. 640, 32 So.2d 678.

¶3I, therefore, respectfully dissent

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