Ex parte Hunter
Supreme Court of Alabama
In the matter of tbe petition of Robert S. M. Hunter for the writ of habeas corpus, by which he sought to procure his discharge from the custody of James P. Davis, sergeant of the provost-guard at Talladega.
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In the matter of tbe petition of Robert S. M. Hunter for the writ of habeas corpus, by which he sought to procure his discharge from the custody of James P. Davis, sergeant of the provost-guard at Talladega. The petition was sworn to on the 8th February, 1865, and averred that the petitioner was a native of the State of Georgia, and a resident citizen of Randolph county, Alabama; that he was duly discharged from the military service of the Confederate States, having furnished a substitute who was accepted in his stead; that he was elected a member of the commissioners’ court of said county,…
1Opinion of the CourtStone, J.
We think the point which is sought to be presented in this case, is not before us in such form that we can consider it. If the 'petitioner was, and is, a resident citizen of this State, the record does not inform us that such is the fact, or that any attempt was made in the court below to prove that fact. The petition for habeas corpus, it is true, avers such to be the case; but the petition is a mere office paper, — the authority to the court or judge for issuing the writ. Neither the writ of habeas corpus, nor the return *562to it, makes any allusion to the subject of the petitioner’s…
2Cases cited2 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Morrell v. PixleyNew York Supreme Court · 1815
3Cited by9 opinions
- Bray v. StateSupreme Court of Alabama · 1903
- Vernon v. StateSupreme Court of Alabama · 1941
- Jensen v. SevyUtah Supreme Court · 1943
- Harrist v. HarristSupreme Court of Alabama · 1907
- Herrmann v. RobinsonAlabama Court of Appeals · 1966
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