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56 Ala. 596

Davidson v. Washburn

Supreme Court of Alabama

Decided December 15, 1876

Supreme Court of Alabama · decided 1876-12-15

Tried before the Hon. Louis Wyeth. In the matter of the petition of William Davidson, for a writ of mandamus to Elisha Washburn, a justide of the peace of said county, commanding him to vacate and set aside a judgment by default, rendered by him against said William Davidson, in an attachment case, on the ground that it was prematurely rendered at the return term of the writ.

Relies on Burr · Ex parte Elston · Ex parte Henry

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-15

How this case has been cited

Cited by 4 later decisions — most recently June 1924

4 state decisions

10187618801890190019101920decided

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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STONE, J.

¶1Mandamus is an extraordinary legal writ, or process, issued by courts of superior jurisdiction, commanding tbe exercise of ministerial functions, and, when necessary, directing, controlling, and compelling the performance of sucb functions, when one who fills an official trust fails or refuses to perform sucb ministerial duty. In cases falling within tbis class, tbe court not only compels action, but directs in wbat manner it shall be performed. When, however, tbe powers of tbis process are invoked, to compel judicial action by inferior courts or magistrates, the rule is different. Sucb inferior courts or magistrates, -when they fail or refuse to do so, will be compelled to entertain and exercise jurisdiction. They will not be controlled in tbe manner of its exercise, nor directed as to wbat judgment they shall render. They will be commanded to render a judgment, but not a particular or specified judgment. So, ■ if judgment has been pronounced, no matter bow erroneous in law or fact, mandamus is not tbe appropriate remedy for correcting, vacating, or annulling such judgment. It has none of tbe powers or properties of a writ of error. — See Moses on Mandamus, pages 134 et seq.

¶2In Ex parte Koon, 1 Denio, 644, it was said: “ It [mandamus] lies to correct many errors of ministerial officers, and even those of courts, when in tbe exercise of mere ministerial functions. But in no case does it lie to compel a jxxdicial tribunal to render any particular judgment, or to set aside a decision already made.” — See, also, Ex parte Burr, 9 Wheat. 529; State, ex rel. v. Bowen, 6 Ala. 511; Cuthbert v. Lewis, 6 Ala. 262; Ex parte Henry, 24 Ala. 638; Ex parte Elston, 25 Ala. 72; Ex parte Putnam, 20‘Ala. 592.

¶3Tbe judgment rendered in tbis cause by tbe justice of tbe peace was prematurely rendered ; still it was a judgment, finally disposing of the cause in that court. If it bad been rendered in the Circuit Court, under similar circumstances, an appeal would have lain to tbis court, and sucb judgment would have been reversed. Standifer v. Toney, 43 Ala. 70. If tbe jxxdgment rendered was substantially unjust, tbe defendant (petitioner in tbis cause) could have appealed to tbe Circuit Court, and there could have bad a trial de novo. Mandamus will be granted, only where there is a specific legal right, and no other specific legal remedy adequate to its enforcement. — 2 Brick. Dig. 240, §§ 4-5.

¶4In any view we can take of tbis case, we bold that tbe Circuit Court did not err in refusing to award a mandamus.

¶5Tbe judgment is affirmed.

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