Ex parte State
Supreme Court of Alabama
ApplicatioN to this Court by the Attorney-Genera] for “a writ -of certiorari, prohibition, or other proper writ,” to be directed to Hon. A. B. Hats, Judge of Probate of Cullman county, commanding him to show cause, if any there be, why a certain order made by him, discharging one Henry Merlet from custody, on the hearing of an application by said Merlet before him for a writ of habeas corpus. The facts are sufficiently stated in the opinion.
1Opinion of the CourtSomeryille, J.
The only question presented by the record is, whether the county court of Culhnan county had jurisdiction of the person of TIenry Merlet, who was tried before that tribunal and convicted of a misdemeanor on March 8th, 1883, and was afterwards sentenced to hard labor for the county in default of securing the fine and costs. On petition for a writ of habeas corpus, heard before the probate judge of Cull-man county, he was discharged from imprisonment, on the ground that the court, which tried and sentenced him, possessed no such jurisdiction, and its entire proceedings were, therefore, corann…
2Cases cited4 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- Ex parte HardySupreme Court of Alabama · 1880
- Ex parte City Council of MontgomerySupreme Court of Alabama · 1879
- Ex parte SimmonsSupreme Court of Alabama · 1878
3Cited by12 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Ex parte BizzellSupreme Court of Alabama · 1895
- Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883
- Ex parte LuskSupreme Court of Alabama · 1886
- Ex parte PearceSupreme Court of Alabama · 1895
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