Legal Opinion

Ex Parte Brown

Supreme Court of Alabama

Decided October 20, 1921No. 6 Div. 502PublishedCited by 6 opinions

Certiorari to Court of Appeals. Petition by John Brown for a writ of certiorari to review the action of the Court of Appeals (89 South. 862) in reversing an order of the circuit court of Jefferson county awarding a writ of habeas corpus ad testificandum to the State Warden General to produce the petitioner before the circuit court to testify as a witness in a "civil action by petitioner.

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Certiorari to Court of Appeals. Petition by John Brown for a writ of certiorari to review the action of the Court of Appeals (89 South. 862) in reversing an order of the circuit court of Jefferson county awarding a writ of habeas corpus ad testificandum to the State Warden General to produce the petitioner before the circuit court to testify as a witness in a "civil action by petitioner. The circuit court had the inherent power to issue the writ. 3 Wigmore on Evidence, § 2199; 1 Greenleaf, § 312; 166 Fed. 71, 91 O. O. A. 657, Ann. Cas. 1915D, 1025; 14 Misc. Rep. 31, 35 N. X. Supp. 237.…

1Opinion of the CourtMcCLELLAN, J.

Petition for writ of certiorari to review the action of the Court of Appeals in reversing- the order of the circuit court of Jefferson county awarding habeas corpus ad testificandum to require the State Warden General to produce John Brown (petitioner), a life-term convict, before the circuit court to testify as a witness in said Brown’s civil action for damages for personal injuries against the Montevallo Mining Company, in the custody and control of which corporation said life-term convict was when injured.

The Court of Appeals decided, and we think correctly, that, the statutory provisions…

2Cited by6 opinions

  1. Ball v. WoodsDistrict Court, N.D. Alabama · 1975
  2. Whitehead v. Baranco Color Labs, Inc.Supreme Court of Alabama · 1977
  3. Scott v. ParkerSupreme Court of Alabama · 1927
  4. Whitehead v. BI-PETRO MARKETING, INC.Supreme Court of Alabama · 1978
  5. Pirkle v. StateAlabama Court of Appeals · 1944

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