Ex parte Walker
Mississippi Supreme Court
Appeal from the decision of Hon. R. W. Williamson, Chancellor of the Fifth District of Mississippi, on habeas corpus, granting bail to Marion Walker. The Chancellor should have discharged the appellant without bond. Code, §§ 1406, 1407; Hurd on Habeas Corpus, 252 ; Bac. Abr., Hab. Corp., § 9 ; 10 S. & M. 618. Having performed the judgment of the Chancellor by giving the required bond, nothing is to be accomplished by the appeal, and it should be dismissed.
1Opinion of the CourtChalmers, J.
The relator, having been committed to jail by a justice of the peace, on a charge of assault and battery with intent to kill and murder, sued out a writ of habeas corpus before Chancellor Williamson, who, upon the hearing, admitted him to bail in the sum of $500. He gave the bond, was released, and now *367prosecutes this appeal, claiming that he should have been discharged. The proceeding is certainly a novel one. The foundation of the writ of habeas corpus in any court is the allegation that the relator is detained in custody, but we are asked to entertain jurisdiction of a case where the…
2Cases cited1 opinion
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1801
3Cited by8 opinions
- Keller v. RomeroMississippi Supreme Court · 1974
- In Re. Dykes and BakerSupreme Court of Oklahoma · 1903
- Hamilton v. FlowersMississippi Supreme Court · 1879
- James v. WaldropMississippi Supreme Court · 1930
- Atwood v. StateCourt of Appeals of Mississippi · 2013
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