Legal Opinion

State ex rel. Dawson

Supreme Court of Alabama

Decided June 15, 1864PublishedCited by 7 opinions

In tbe matter of tbe two petitions of Wm. H. Fellows for tbe writ of habeas corpus, to procure the release and discharge of William L. Strawbridge and William 0. Mays, respectively, from tbe custody of Capt. N. R. H. Dawson, who beld them under bis command as militia-men. The applications were made on tbe 6th August, 1864, to Hon. J. R. John, chancellor, at Selma, who, on the hearing, granted a discharge in each case.

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In tbe matter of tbe two petitions of Wm. H. Fellows for tbe writ of habeas corpus, to procure the release and discharge of William L. Strawbridge and William 0. Mays, respectively, from tbe custody of Capt. N. R. H. Dawson, who beld them under bis command as militia-men. The applications were made on tbe 6th August, 1864, to Hon. J. R. John, chancellor, at Selma, who, on the hearing, granted a discharge in each case. The two cases were argued and submitted together in this court, on an agreed statement of facts, wbicb was as follows: “ 1. It is admitted and agreed, that said Wm. H. Fellows…

1Opinion of the CourtPhelan, J.

Tbe person in whose behalf tbe petition for habeas corpus in this case was preferred, has been enrolled as one of tbe class No. 2, under tbe act of tbe legislature of Alabama, entitled “An act to organize tbe militia of Alabama,” approved 29th August, 1863, and claims an exemption from service in that class, on tbe ground that, under tbe provisions of tbe act of tbe Confederate States congress, entitled “An act to organize forces to serve during tbe war,” approved 17th February, 1864, be is entitled to exemption from tbe Confederate service, as “tbe overseer of a plantation having fifteen…

2Cases cited12 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Houston v. MooreSupreme Court of the United States · 1820
  3. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  4. United States v. TingeySupreme Court of the United States · 1831
  5. Cotton v. United StatesSupreme Court of the United States · 1851

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3Cited by7 opinions

  1. Burch v. StateSupreme Court of Alabama · 1876
  2. In re Toledo Portland Cement Co.District Court, E.D. Michigan · 1907
  3. Jenkins Petroleum Process Co. v. Credit Alliance Corp.Court of Appeals for the Tenth Circuit · 1936
  4. Furnas County Farm Bureau v. BrownNebraska Supreme Court · 1924
  5. Estate of Milis v. MilisWisconsin Supreme Court · 1933

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