Ex parte Mitchell
Supreme Court of Alabama
The petitioner in this case made application, on tbe 18th August, 1864, to the probate judge of Montgomery county, for the writ of habeas corpus, to procure his release and discharge from the custody of Capt. Gray Thigpen, who held and detained him as belonging to a company of second-class militia, who had been ordered out by the governor.
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The petitioner in this case made application, on tbe 18th August, 1864, to the probate judge of Montgomery county, for the writ of habeas corpus, to procure his release and discharge from the custody of Capt. Gray Thigpen, who held and detained him as belonging to a company of second-class militia, who had been ordered out by the governor. “On the trial of the cause,” as the bill of,exceptions states, “the petitioner proved that, on the 20th May, 1864, he was enrolled as a conscript by the enrolling officer of Montgomery county, under the act of congress approved February 17, 1864; that he…
1Opinion of the CourtA. J. Walker, C. J.
Tbe petitioner asks for a discharge from detention in tbe service of tbe State as a mbitia-man. He says be is in tbe military service of tbe Confederate States, and therefore cannot belong to tbe State militia. Tbe State, on tbe other band, says be has *445been exempted, as an agriculturalist, by tbe Confederate States, and tbat be therefore is liable to render service in tbe militia. So tbe issue of tbe ease is an affirmation on one side of exemption bom tbe military service of tbe Confederate States, and on tbe other a denial of it; and tbe adjudication of this issue depends upon tbe question,…
2Cases cited6 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Cary v. CurtisSupreme Court of the United States · 1845
- Green v. WardwellIllinois Supreme Court · 1855
- McClure v. ColcloughSupreme Court of Alabama · 1843
- M'Bride v. CommonwealthSupreme Court of Pennsylvania · 1834
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