Ex parte Town of Roanoke
Supreme Court of Alabama
Original petition for Certiorari. One Charles Greer, upon being convicted for the violation of an ordinance of the town of Roanoke, and while detained in custody ordered by the sentence of the court, applied to the judge of the probate court for a writ of habeas corpus asking for his discharge. Upon the proceedings on the petition for habeas corpus the probate judge ordered said Charles Greer released.
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Original petition for Certiorari. One Charles Greer, upon being convicted for the violation of an ordinance of the town of Roanoke, and while detained in custody ordered by the sentence of the court, applied to the judge of the probate court for a writ of habeas corpus asking for his discharge. Upon the proceedings on the petition for habeas corpus the probate judge ordered said Charles Greer released. Thereupon, the town of Roanoke filed its original petition in the Supreme Court asking for 'a writ of certiorari, prohibition or other remedial writ, addressed to the judge of -probate,…
1Opinion of the CourtHaralson, J.
Section 918 of the Code of 1896 (§ 756 of Code of 1886), sub-div. 3, confers on the circuit court original jurisdiction, “to exercise a general superintendence over all inferior jurisdictions.” Probate courts are such inferior jurisdictions. — The State v. Williams, 69 Ala. 311; Etheridge v. Hall, 7 Port. 47. The Supreme Court will not,'in the first instance, award a writ such as is applied for in this case, when there has been no proper intermediate application to the circuit court for relief. We must decline, therefore, to entertain the petition, and the same is dismissed. — Ex parte…
2Cases cited7 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte PearsonSupreme Court of Alabama · 1884
- Etheridge v. HallSupreme Court of Alabama · 1838
- Ex parte RussellSupreme Court of Alabama · 1857
- Ramagnano v. CrookSupreme Court of Alabama · 1889
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3Cited by4 opinions
- Ex Parte Alabama Textile Products CorporationSupreme Court of Alabama · 1942
- Reagan v. RhodesSupreme Court of Alabama · 1956
- Richey v. ButlerSupreme Court of Alabama · 1951
- Morgan v. MorganSupreme Court of Alabama · 1953