Ex parte Davis

Alabama Court of Appeals

Decided January 26, 1965

Alabama Court of Appeals · decided 1965-01-26

Cited by 6 later decisions — most recently February 1972

6 state decisions

Key passage — most relied on by later courts

““This is an original petition for a writ of mandamus to compel the Circuit Court of Blount County “to issue a ruling on” Davis’s petition for writ of error coram nobis filed there October 6, 1964. “There is no showing by Davis that his case is preferred and that, like Abou Ben Adhem, his name leads all the rest. We cannot take judicial notice of the state of the trial docket of a circuit court. “Therefore, there is nothing to show that the circuit court has, in effect, refused to act on Davis’s petition. Carnley v. State ex rel. West Boylston Mfg. Co., 250 Ala. 403 , 34 So.2d 681 .””

quoted by 1 later decision, including Ex parte Durr

Relies on Carnley v. State Ex Rel. West Boylston Mfg. Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1965-01-26

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CATES, Judge.

¶1This is an original petition for a writ of mandamus to compel the Circuit Court of Blount County “to issue a ruling on” Davis’s petition for writ of error coram nobis filed there October 6, 1964.

¶2There is no showing by Davis that his case is preferred and that, like Abou Ben Adhem, his name leads all the rest. We cannot take judicial notice of the state of the trial docket of a circuit court.'

¶3Therefore, there is nothing to show that the circuit court has, in effect, refused to act on Davis’s petition. Carnley v. State ex rel. West Boylston Mfg. Co., 250 Ala. 403, 34 So.2d 681.

¶4The Attorney General’s motion to strike is well taken.

¶5Petition stricken, writ denied.