Stewart v. Potts
Mississippi Supreme Court
Appeal from the chancery court of Alcorn county, at Chambers. Hon. A. E. Reynolds, Chancellor. The only question in this case arose on a writ of habeas corpus, which was obtained by James E. Stewart to be re,leased from imprisonment; and in his petition alleged that he was illegally held in custody by J. C. Potts, the sheriff of Alcorn county.
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Appeal from the chancery court of Alcorn county, at Chambers. Hon. A. E. Reynolds, Chancellor. The only question in this case arose on a writ of habeas corpus, which was obtained by James E. Stewart to be re,leased from imprisonment; and in his petition alleged that he was illegally held in custody by J. C. Potts, the sheriff of Alcorn county. The sheriff answered that he holds and detains the said James-E. Stewart by virtue of a warrant issued by W. H. Dodson, an acting justice of the peace in and for said county and State, issued on the 2d day of May; 1874. A motion was made to discharge…
1Opinion of the CourtTarbeli, J.
Habeas corpus to release and discharge the plaintiff in error from arrest after conviction, under section 1750 of the Code. Stewart is an attorney at law, holding a license in accordance with the laws of Mississippi. By the act of the legislature, approved April 6, 1874, a tax of $10.00 is levied upon practicing lawyers, as a tax upon privileges, and this is made an amendment to section 1747 of the Code. By section 1750, the exercise of this privilege, without first paying the tax, is made a misdemeanor, and: upon conviction before a justice of the peace or other court of competent…
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