Wray v. Kelly
Mississippi Supreme Court
From the' judgment of Hon. Emmett H. Thomas, Chancellor, on habeas corpus in vacation, heard at the court house of Warren county. Wray, sheriff and jailer of Bolivar county, appellant, was plaintiff or petitioner and Kelly, sheriff and jailer of Warren county, appellee, was defendant. From a judgment in defendant’s favor, plaintiff appealed to the supreme court. The facts were, as stated by Anderson.
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From the' judgment of Hon. Emmett H. Thomas, Chancellor, on habeas corpus in vacation, heard at the court house of Warren county. Wray, sheriff and jailer of Bolivar county, appellant, was plaintiff or petitioner and Kelly, sheriff and jailer of Warren county, appellee, was defendant. From a judgment in defendant’s favor, plaintiff appealed to the supreme court. The facts were, as stated by Anderson. J., as follows: “This is a habeas corpus proceeding by Wray, appellant, sheriff and jailer of Bolivar coxuity, against Kelly, appellee, sheriff and jailer of Warren connty, for the custody of the…
1Opinion of the CourtAnderson, J.
It is contended on behalf of appellant, the sheriff and jailer of Bolivar county, that the presiding judge had the authority to make the order of July 13', 1910, for the removal by him of the prisoner to the Hinds county jail for safe keeping, and he is therefore entitled to his custody for that purpose; while the appellee, the sheriff and jailer of Warren county, contends that the judge exhausted his authority over the prisoner by the first order of removal, that the second order is void, and therefore he is entitled to the custody of the prisoner until the next term of court, when he is to…
2Cited by2 opinions
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- Elijah T. Hall a/k/a Elijah Hall v. State of MississippiCourt of Appeals of Mississippi · 2023