Ex parte Coburn
Supreme Court of Alabama
Application by Thomas S. and.Edward Coburn for & mandamus to the probate judge of Downdes county, requiring him to allow them to. adduce evidence before him, on habeas corpus, showing.the illegality of their confinement by the sheriff of said. county, as hereinafter stated.
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Application by Thomas S. and.Edward Coburn for & mandamus to the probate judge of Downdes county, requiring him to allow them to. adduce evidence before him, on habeas corpus, showing.the illegality of their confinement by the sheriff of said. county, as hereinafter stated. The exhibits to the petitioners’ application showed, that they were arrested, on the 17th December, 1861, under the warrant of a justice of the peace, issued on the complaint of one Jacob Bruce,, charging them ..with a breacbof the peace and other apprehended violence-; that .on.-the trial before the justice, he made an…
1Opinion of the CourtR. W. Walker, J.
Where, on complaint to a justice of the peace, an order is made by him, requiring an individual to give security to keep the peace, and directing his imprisonment until such security is given; the probate judge has no authority, üpon habeas corpus or otherwise, to re-examine the case trptm- the facts, and discharge the prisoner. The only mode of revising-the decision of the justice upon the facts, is".by an appeal’, undei section 3351 of the Code, to the circuit court, which- can-try the case de novo, and either confirm the order of the magistrate? or' discharge the applicant. — Code, § 3354…
2Cases cited2 opinions
- Ex parte BurnettSupreme Court of Alabama · 1857
- Tomlin v. StateSupreme Court of Alabama · 1851
3Cited by4 opinions
- Harris v. MartinSupreme Court of Alabama · 1865
- Cox v. StateSupreme Court of Alabama · 1908
- Ex Parte JamesCourt of Criminal Appeals of Alabama · 1974
- Ex Parte JamesCourt of Criminal Appeals of Alabama · 1974