Ex parte Moore
Supreme Court of Alabama
This was an application by the petitioner, S. T. Moore, for a writ of habeas corpus and certiorari to effect his discharge from alleged illegal imprisonment, and to revise an order of Hon. John Henderson, made upon application for habeas corpus before him, refusing the writ. The agreed facts of the case are as follows : On the 11th day of August, 1868, the legislature passed an act entitled “ An act to incorporate the town of Munford, in the county of Talladega.”
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This was an application by the petitioner, S. T. Moore, for a writ of habeas corpus and certiorari to effect his discharge from alleged illegal imprisonment, and to revise an order of Hon. John Henderson, made upon application for habeas corpus before him, refusing the writ. The agreed facts of the case are as follows : On the 11th day of August, 1868, the legislature passed an act entitled “ An act to incorporate the town of Munford, in the county of Talladega.” The fifth section of this act makes it “ a misdemeanor, punishable by fine and imprisonment, for any person to sell, give, or…
1Opinion of the CourtStone, J.
The authority under which Stroud, the marshal of the town of Munford, asserts the right to hold the petitioner in custody, is a warrant or mittimus, reciting that Moore, the petitioner, had been tried and convicted under an ordinance of the town council, prohibiting retailing without license, <fec., and adjudged to pay a fine of twenty-five dollars and costs. The warrant then proceeds : “ You are therefore commanded to receive him (Moore) into custody, and detain him until such fine and costs are fully paid.” *475This warrant was signed, “A. J. Street, intendent of the town of Munford.” The…
2Cases cited6 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Ex parte CroomSupreme Court of Alabama · 1851
- Dillard v. WebbSupreme Court of Alabama · 1876
- Heath v. StateSupreme Court of Alabama · 1860
- Duke v. Cahawba Nav. Co.Supreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. BrittonWashington Supreme Court · 1947
- Ex parte HardySupreme Court of Alabama · 1880
- Ex parte CowertSupreme Court of Alabama · 1890
- State v. DavisSupreme Court of Alabama · 1900
- Green Mountain School District No. 103 v. DurkeeWashington Supreme Court · 1960
6 more not listed; retrieve them via the Exa API.