Ex parte Welborn v. Faulconer

Habeas Corpus. (1) The commission under which the notary assumed to act was void for the reason that no showing was made to the circuit clerk by evidence, petition, application, affidavit or otherwise. R. S. 1909, secs. 5171, 5173, 6385, 6386 and 6398; 13 Cyc. 859, 860, 868, “9” (b). (2) The pretended commission under which the notary assumed to act was void on its face, as it ran to all of the judicial officers and notaries public in the State, allowing the accused to select his own judge, and there being no limitad,ion as to whom he might examine. 13 Cyc. 884, 885 and 886. (3) ' The phrase,…