Ex parte Champion
Supreme Court of Alabama
This was an application by Henry M. Champion for mandamus to compel the probate judge of Pike county to hear and determine evidence in regard to the cause of the imprisonment of petitioner, who had been brought before him on habeas corpus. The grounds of the motion are fully set forth in the • opinion. The petition could not be demurrable ; it was properly verified and contained all the allegations required by the Code.
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This was an application by Henry M. Champion for mandamus to compel the probate judge of Pike county to hear and determine evidence in regard to the cause of the imprisonment of petitioner, who had been brought before him on habeas corpus. The grounds of the motion are fully set forth in the • opinion. The petition could not be demurrable ; it was properly verified and contained all the allegations required by the Code. Mandamus is the proper remedy. 30 Ala. 461. Bx parte Mahone (30 Ala. 49) shows that the probate judge had jurisdiction, and that he will be compelled to exercise it by…
1Opinion of the CourtManning, J.
The prisoner Champion, by petition to the judge of probate of Pike county, showed that he was restrained of his liberty in the jail of that county by the keeper thereof, upon a commitment of a justice of the peace charging him with having committed rape, — and prayed that by the *312writ of habeas corpus he be brought before said judge to do and receive what should be considered concerning him. The writ was issued, prisoner was brought by the jailer before the judge, and the county solicitor being present, demurred to the petition.
The grounds of demurrer were principally, that it was not averred…
2Cases cited1 opinion
- Ex parte MahoneSupreme Court of Alabama · 1857
3Cited by11 opinions
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- State v. SmithSupreme Court of Alabama · 1902
- Ex parte RileySupreme Court of Alabama · 1891
- Payne v. GrahamAlabama Court of Appeals · 1925
- Ex parte McGlawnSupreme Court of Alabama · 1883
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