Benson v. State
Supreme Court of Alabama
From the Circuit Court of Bibb. Tried before the Hon. Jas. R. Dowdell. The prosecution in this case was commenced by a warrant of arrest issued by the judge of the County Court, on the 12th of February, 1884, and returnable on the 3d March, 1884, which was founded on an affidavit, or complaint, made by Richard Bradley, accusing Larkin Benson and Mary Duke of living together in adultery or fornication.
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From the Circuit Court of Bibb. Tried before the Hon. Jas. R. Dowdell. The prosecution in this case was commenced by a warrant of arrest issued by the judge of the County Court, on the 12th of February, 1884, and returnable on the 3d March, 1884, which was founded on an affidavit, or complaint, made by Richard Bradley, accusing Larkin Benson and Mary Duke of living together in adultery or fornication. The words “Not found” were indorsed on the warrant, but the indorsement was without date or signature. An alias warrant was issued on the 5th August, 1887, under which Mary Duke was arrested,…
1Opinion of the CourtStone, C. J.
At common law, and in several of the States, suits and prosecutions may be discontinued by non-action, by which it happens that terms of the court have been permitted to elapse without any order of the court being made or invoked. In this State the rule is different. A mere failure to enter continuances, or to enter orders at the several terms, is treated as a clerical omission, and does not impair the validity of the proceeding, unless it appears that such failure was brought about by the party instituting the suit or prosecution, •or by his failure to do some act precedent to the right to…
2Cases cited5 opinions
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
- Forrester v. ForresterSupreme Court of Alabama · 1864
- Ex parte HoltonSupreme Court of Alabama · 1881
- Ex parte OwensSupreme Court of Alabama · 1875
- Ex parte North-east & South-west Ala. RailroadSupreme Court of Alabama · 1861
3Cited by2 opinions
- Smith v. StateSupreme Court of Alabama · 1907
- Ex parte StateSupreme Court of Alabama · 1896