Wade v. Judge
Supreme Court of Alabama
Weit of Error to the Circuit Court of Lowndes. , The transcript of the record in this case is the proceedings had upon a writ of habeas corpus, sued out at the instance of the plaintiff in error. It appears that the plaintiff had been arrested under a writ of capias ad respondendum, issued at the. suit of the defendant in error. The objections sought to be here raised are, 1st. To the sufficiency of the affidavit to hold to bail. 2d.
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Weit of Error to the Circuit Court of Lowndes. , The transcript of the record in this case is the proceedings had upon a writ of habeas corpus, sued out at the instance of the plaintiff in error. It appears that the plaintiff had been arrested under a writ of capias ad respondendum, issued at the. suit of the defendant in error. The objections sought to be here raised are, 1st. To the sufficiency of the affidavit to hold to bail. 2d. The order made upon the schedule rendered by the petitioner in order to his discharge from custody. The affidavit is not set out in extenso, but is thus recited…
1Opinion of the CourtCollier, C. J.
The laws which impose restraint upon personal liberty have never been greatly extended by construction, but it has been considered necessary that whatever they enjoin upon the creditor, in order to warrant the arrest of his debtor, must have been performed, or the latter will be entitled to his discharge. Thus it has been holden that the affidavit must be as positive, as from the nature of the case, it can be, to show the amount and character of the indebtedness. And it has been argued that although the affidavit in the present case may be sufficiently explicit upon that point, yet it is…
2Cited by11 opinions
- McFarland v. JohnsonTexas Supreme Court · 1863
- Ex parte PattisonMississippi Supreme Court · 1878
- People v. BradleyIllinois Supreme Court · 1871
- Gambrell v. BridgesSupreme Court of Alabama · 1957
- Nashville & Decatur Rail Road v. ComansSupreme Court of Alabama · 1871
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