Ex Parte Southland Bank
Ex Parte Southland Bank
Opinion
This is a petition for a writ of mandamus directed to Judge Terry L. Butts of the Coffee County Circuit Court seeking, among other things, a transfer of this case from Coffee County to Barbour County. The writ is denied.
On review by mandamus, the Court must look only at those facts before the trial court. Ex parte Baker,
The petitioner also alleges that the action should be dismissed because it is barred by the doctrine of res judicata and by the statute of limitations. These issues are not properly raised by writ of mandamus, because, to be entitled to the writ, the petitioner must show, among other things, a lack of other adequate remedy. Ex parteThompson,
WRIT DENIED.
MADDOX, JONES, BEATTY, ADAMS and STEAGALL, JJ., concur.
ALMON, J., not sitting.
Reference
- Full Case Name
- Ex Parte Southland Bank, Successor to the Clayton Banking Company. (Re Louise T. Phillips (Johnson) v. the Clayton Banking Company, D/B/A Southland Bank)
- Cited By
- 17 cases
- Status
- Published