Burr v. Foster
Supreme Court of Alabama
Appeal from order of Judge of City Court of Talla-dega on Petition for Habeas Corpus. Heard before Hon. Gf. K. Miller. This was a petition for habeas corpus instituted by J. Hazen Foster, seeking to be discharged from the custody of Lucien C. Brown, judge advocate of ¡the Third Regiment of Alabama National Guards, Borden H. Biw, captain, and others constituting or claiming* to constitute a military court martial, called for the purpose of trying* petitioner by count martial…
Read the full summary
Appeal from order of Judge of City Court of Talla-dega on Petition for Habeas Corpus. Heard before Hon. Gf. K. Miller. This was a petition for habeas corpus instituted by J. Hazen Foster, seeking to be discharged from the custody of Lucien C. Brown, judge advocate of ¡the Third Regiment of Alabama National Guards, Borden H. Biw, captain, and others constituting or claiming* to constitute a military court martial, called for the purpose of trying* petitioner by count martial upon the charge of “Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of…
1Opinion of the Court
TYSON, J.-
— This is an appeal prosecuted by Borden I-I. Burr and others from a judgment discharging* one Foster upon a writ of habeas■ corpus sued out by him. It Avas made to appear by the petition of Foster that he Avas under arrest and being* restrained of his liberty by Burr and others, members of the Alabama National Guard, upon a charge preferred against him for certain alleged Affiliations of the military law of this State. A motion is made to dismiss this appeal. This motion is resisted upon the theory, that section 4314 of the Code confers the right of appeal upon the appellants. That…
2Cited by6 opinions
- In Re BladesIdaho Supreme Court · 1939
- Baird v. NagelIndiana Supreme Court · 1924
- Ex parte Lastra ChárriezSupreme Court of Puerto Rico · 1940
- Town of Elba v. RhodesSupreme Court of Alabama · 1904
- State v. DavisSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.