Legal Opinion

Ex parte State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 39 opinions

Application to this court for mandamus, prohibition, or other remedial writ, to be directed to Hon. F. C.’ Randolph, Judge of Probate of Montgomery county, commanding him to vacate, annul and set aside an order made by him, discharging, on habeas corpus, Alex.

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Application to this court for mandamus, prohibition, or other remedial writ, to be directed to Hon. F. C.’ Randolph, Judge of Probate of Montgomery county, commanding him to vacate, annul and set aside an order made by him, discharging, on habeas corpus, Alex. Mohr from the custody of one Frederick' Gentner, who held him under and in pursuance of a warrant of the Governor of the State of Alabama, issued on a requisition made by the Governor of the State of Pennsylvania, for extradition. The facts are stated in the opinion. (1) The authorities are unbroken to sustain the general doctrine, that…

1Opinion of the CourtSomerville, J.

— The purpose of the present application is to vacate the action of the probate judge, discharging one Alexander Mohr from alleged illegal custody, on his petition for the writ of habeas corpus. The return to the writ showed that the petitioner -was held in the custody of the relator, Frederick Gentner, as agent of the State of Pennsylvania, under a. warrant of arrest issued by authority of the Governor of Alabama, pursuant to a requisition from the Governor of the former State, demanding his extradition as a fugitive from justice. The-crime charged is that of obtaining goods by false…

2Cases cited19 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  3. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  4. Tarble's CaseSupreme Court of the United States · 1872
  5. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874

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3Cited by39 opinions

  1. People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
  2. State v. ParrishSupreme Court of Alabama · 1941
  3. Chase v. State Ex Rel. BurchSupreme Court of Florida · 1927
  4. State Ex Rel. Lea v. BrownTennessee Supreme Court · 1933
  5. Culbertson v. Sweeney, SheriffOhio Court of Appeals · 1942

34 more not listed; retrieve them via the Exa API.

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