Craddock v. Oliver

Where a judge or a court undertakes to act in a matter in which he or it has no jurisdiction, prohibition is the proper remedy. 32 Cyc. 610 (12); Ex parte Ray et al., 45 Ala. 15.

The power granted to judges of probate by section 9591 of the Code of 1923: “To, grant writs of habeas corpus in those cases in which the power is conferred by law” — is a statutory grant of power to the judge, and not to the probate court. It is as probate judge, and not as a probate court, that he hears and determines petitions for habeas corpus. The court of probate as such is not authorized to grant or hear the…