Legal Opinion

Ex parte Hubbard

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 5 opinions

Application by petition by Jim Hubbard, for the writ of habeas corpus, to procure his discharge from custody and imprisonment by the chief of police of the city of Montgomery, under a judgment and sentence pronounced by the mayor’s court; application having been first made to Hon. Thomas M. Arrington, judge of the City Court of Montgomery, who refused to discharge the petitioner. ■

1Opinion of the CourtBbickell, C. J.

— The return to the writ of habeas corpus shows, as the cause of the relator’s detention and imprisonment, a judgment of the mayor’s court of the city of Montgomery, convicting him of violating an ordinance of the city council, punishing the knowingly bringing stolen property into the city, sentencing him to pay a fine of one hundred dollars, and, in default of payment, to one hundred days of hard labor for the city. A writ of habeas corpus, issued by any court or judge, in the exercise of original jurisdiction, was not at common law, and is not under our statutes, a revisory remedy — it is…

2Cases cited3 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. Ex parte BurnettSupreme Court of Alabama · 1857
  3. Smith v. GayleSupreme Court of Alabama · 1878

3Cited by5 opinions

  1. Ex-parte BowenSupreme Court of Florida · 1889
  2. Ex parte BizzellSupreme Court of Alabama · 1895
  3. Ex parte StateSupreme Court of Alabama · 1888
  4. Ex parte PearceSupreme Court of Alabama · 1895
  5. Ex parte ChandlerSupreme Court of Alabama · 1896

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