Ex parte State
Supreme Court of Alabama
Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus.
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Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus. Said Long was convicted of vagrancy before B. H. Screws, a justice of the peace, and fined $20; and the justice’s mittiimis to the jailor directed him to take said Long into custody, “in default of payment of said fine, and costs amounting to $18.25, and…
1Opinion of the CourtClopton, J.
It appears from the return of the sheriff to the writ of habeas corpus, that the petitioner is retained under a 7nittimus, following a judgment of conviction on a prosecution for vagrancy, rendered by a justice of the peace. The justice assessed a fine of twenty dollars; and the mittimus commands the officer to take the petitioner, in default of the payment of the fine and costs, “into custody, and detain him until he performs twenty days hard labor for the county for said fine, and sixty days for payment of said costs, subject to the order of the Board of Bevenue.” On the hearing of the…
2Cases cited6 opinions
- Ex parte McKivettSupreme Court of Alabama · 1876
- Ex parte SimmonsSupreme Court of Alabama · 1878
- Morgan v. StateSupreme Court of Alabama · 1872
- Ex parte City CouncilSupreme Court of Alabama · 1885
- Ex parte HubbardSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Griffin v. StateSupreme Court of Alabama · 1909
- State v. BushAlabama Court of Appeals · 1915
- Aaron v. StateAlabama Court of Appeals · 1966
- City of Birmingham v. PerryAlabama Court of Appeals · 1960
13 more not listed; retrieve them via the Exa API.