Matthews v. Hobbs
Supreme Court of Alabama
Appeal from the probate court of Limestone county, in the matter of a petition for the writ of habeas corpus, sued out by John Hobbs, against Patience Matthews, to test their respective rights to the custody of a bastard child, whose mother was dead, and who was in the possession and custody of the said Patience Matthews, his maternal grandmother, but was claimed by the said Jóhn Hobbs as his putative father.
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Appeal from the probate court of Limestone county, in the matter of a petition for the writ of habeas corpus, sued out by John Hobbs, against Patience Matthews, to test their respective rights to the custody of a bastard child, whose mother was dead, and who was in the possession and custody of the said Patience Matthews, his maternal grandmother, but was claimed by the said Jóhn Hobbs as his putative father. The petition for the writ was presented to the probate judge, in vacation; the writ was issued by him, and was duly executed and returned; and on the hearing the following judgment was…
1Opinion of the CourtPeters, C. J.
[After stating the facts.] Under repeated decisions of this tribunal, no appeal lies to this court from such án order as that from which the appeal here was sued out. It- is not a final judgment or decree, conclusively settling any question, sav.e the right of the person alleged to be illegally imprisoned, or restrained of his liberty, to be discharged from the restraint and imprisonment complained of, Guilford v. Hicks, 36 Ala. 95; Wilkinson v. Murphy, 20 Ala. 104. Upon the hearing on the writ, upon the return thereof, the officer by whom it has been issued can only “ inquire into the cause…
2Cases cited3 opinions
- Field v. WalkerSupreme Court of Alabama · 1849
- Guilford v. HicksSupreme Court of Alabama · 1860
- Wilkinson v. MurphySupreme Court of Alabama · 1852
3Cited by4 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Garrett v. MahaleySupreme Court of Alabama · 1917
- Shows v. PendrySupreme Court of Alabama · 1890
- In re: B.F. v. C.D. and A.D.Supreme Court of Alabama · 2026