Wilkinson v. Murphy
Supreme Court of Alabama
Error to the Court of Probate of Randolph. Barnaby Wilkinson, as guardian of Matilda Wilkinson, sued out a writ of habeas corpus in the name of his ward, returnable before the Judge of Probate, to obtain her custody and control from the defendant in error, who detained her. On the hearing of the writ, the judge refused to make any order for the delivery of the infant to her guardian, and allowed the defendant to retain her.
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Error to the Court of Probate of Randolph. Barnaby Wilkinson, as guardian of Matilda Wilkinson, sued out a writ of habeas corpus in the name of his ward, returnable before the Judge of Probate, to obtain her custody and control from the defendant in error, who detained her. On the hearing of the writ, the judge refused to make any order for the delivery of the infant to her guardian, and allowed the defendant to retain her. Thereupon, the guardian sued out a writ of error to tbe Supreme Court, and a motion is now made to dismiss tbe writ. A writ of error does not lie in this case.' — Bacon,…
1Per curiam
A writ of error does not lie to tbe judgment of tbe Court of Probate on tbe bearing of a habeas corpus. Tbe judgment cannot be said to be final, as it is not conclusive on tbe rights of tbe party, who may renew bis application to tbe same, or another tribunal.—Ex parte Campbell, at the present term; or be may obtain tbe aid of this Court, by proceeding according to tbe practice settled in ex parte Croom & May, 19 Ala. Rep. 561.
Tbe writ of error must be dismissed.
2Cases cited1 opinion
- Ex parte CroomSupreme Court of Alabama · 1851
3Cited by3 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Thornton v. MooreSupreme Court of Alabama · 1878
- Matthews v. HobbsSupreme Court of Alabama · 1874