State v. Brown
Alabama Court of Appeals
Aiipeal from Circuit Oourt, Jefferson County; C. B. Smith, Judge. John Brown, a life convict), was injured in the mines of the Montevallo Mining Company while being worked therein as a conviet, and brought his suit for damages for the injuries.
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Aiipeal from Circuit Oourt, Jefferson County; C. B. Smith, Judge. John Brown, a life convict), was injured in the mines of the Montevallo Mining Company while being worked therein as a conviet, and brought his suit for damages for the injuries. When the case was set for trial, his attorneys brought habeas corpus ad testificandum, and from an order directed to the warden genera] to produce John Brown to testify in his case, the State appealed, the defendant in the damage suit joining in the appeal. Tlio Legislature has the power to prescribe the method to be pursued in securing the evidence of…
1Opinion of the CourtBri.ckbn, P. J.
This is an appeal from an order of one of the circuit judges of Jefferson county issuing a writ of habeas corpus ad testificandum directing the state warden general to produce one John Brown, a convict serving a life sentence in the penitentiary, as a witness in his own behalf in civil suit for damages against the Montevallo Mining Company. The important issue presented by the record is the authority of the circuit judge to issue the Writ.
The attendance of witnesses restrained of their liberty may generally be compelled by the issuance of a writ of habeas corpus ad testificandum directed to…
2Cases cited6 opinions
- Shepherd v. SartainSupreme Court of Alabama · 1913
- Bragg v. StateSupreme Court of Alabama · 1901
- Hatchett v. BillingsleaSupreme Court of Alabama · 1880
- Macon County v. AbercrombieSupreme Court of Alabama · 1913
- State v. Board of School CommissionersSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ball v. WoodsDistrict Court, N.D. Alabama · 1975
- Pirkle v. StateAlabama Court of Appeals · 1944
- State Ex Rel. Reese v. Montevallo Mining Co.Alabama Court of Appeals · 1921