Ex parte Pearce
Supreme Court of Alabama
Appeal from the City Court of Montgomery. . Triod before the Hon. John G. Winter. L. B. Pearce, who resided near Selma, Alabama, in Dallas county, was subpoenaed as a witness to attend the circuit court of Calhoun county, 'which met at Jacksonville, A'abama, 133 miles from the place of the residence of L. B. Pearce. The subpoena was duly issued and executed on Pearce between nine and ten o’clock a. m.
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Appeal from the City Court of Montgomery. . Triod before the Hon. John G. Winter. L. B. Pearce, who resided near Selma, Alabama, in Dallas county, was subpoenaed as a witness to attend the circuit court of Calhoun county, 'which met at Jacksonville, A'abama, 133 miles from the place of the residence of L. B. Pearce. The subpoena was duly issued and executed on Pearce between nine and ten o’clock a. m. Sunday, May 3,1896. The subpoena did not have the indorsement described by section 2793 of the Code of 1886 ; Pearce did not attend court in response to the subpoena, whereupon, on the 4th day…
1Opinion of the CourtHaralson, J.
It is admitted that the writ of attachment under which petitioner was arrested and held in custody was regular in form. It was addressed to any sheriff of the State, and was issued by the circuit court of Calhoun county in term time. It recites : *102“It having been made known to the court by competent evidence, that heretofore, viz., on the 30th clay of April, 1896, a subpcena issued out of this court directed to L. B. Pearce, commanding him to appear at the present term of the court, to give evidence in behalf of the defendant in a case pending in this court, wherein Lizzie Hendrix is plaintiff…
2Cases cited6 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Ex parte BurnettSupreme Court of Alabama · 1857
- Ex parte McKivettSupreme Court of Alabama · 1876
- Ex parte SimmonsSupreme Court of Alabama · 1878
- Ex parte StateSupreme Court of Alabama · 1882
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3Cited by15 opinions
- State v. ThomasSupreme Court of Alabama · 1989
- Ex Parte BankheadSupreme Court of Alabama · 1917
- Tillman v. WaltersSupreme Court of Alabama · 1925
- City of Birmingham v. PerryAlabama Court of Appeals · 1960
- Ex Parte WheelerSupreme Court of Alabama · 1935
10 more not listed; retrieve them via the Exa API.