Butler v. Foster
Supreme Court of Alabama
Debt by the defendant in error, against the plaintiff in error, and his sureties, on his official bond, as late clerk of the circuit court of Monroe county.
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Debt by the defendant in error, against the plaintiff in error, and his sureties, on his official bond, as late clerk of the circuit court of Monroe county. Upon the trial, a record of the circuit court of Monroe county was offered in evidence, of the cause of the State of Alabama v. Zachariah McAlister, from which it appeared, that McAlister was charged with stealing a slave, and an order was made that he be discharged from custody, on his entering into recognizance with good and sufficient surety, &c. before the clerk of the circuit court, or upon his depositing with the clerk of the…
1Opinion of the CourtDargan, J.
The laws of this State do not permit the circuit judges to clothe the clerks of the circuit courts with authority to admit to bail, in vacation, those who may be imprisoned for alledged crimes; for a judicial officer cannot delegate to another the powers and authority by law intrusted to him. Although the circuit judge could himself have admitted McAlister to bail, he could not authorize the clerk of the circuit court of Monroe to do it. The order that was made at the fall term of the circuit court of Clarke county, authorizing the clerk of the circuit court of Monroe to admit McAlister to…
2Cited by21 opinions
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- Gray v. State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1965
- Appelgate v. YoungSupreme Court of Kansas · 1900
- Dufek v. Harrison CountyCourt of Appeals of Texas · 1926
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