Legal Opinion

Ex parte McKivett

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 23 opinions

Application by petition for tbe writ of habeas corpus, to obtain tbe discharge of tbe petitioner, Joseph McKivett, from custody and imprisonment under a judgment and sentence imposed by John B. Fuller, a justice of tbe peace in and for the county of Montgomery. The application was first made to Hon. John A. Mjnnis, judge of the City Court of Montgomery, by whom it was refused.

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Application by petition for tbe writ of habeas corpus, to obtain tbe discharge of tbe petitioner, Joseph McKivett, from custody and imprisonment under a judgment and sentence imposed by John B. Fuller, a justice of tbe peace in and for the county of Montgomery. The application was first made to Hon. John A. Mjnnis, judge of the City Court of Montgomery, by whom it was refused. A bill of exceptions was reserved to his decision, in which is set out all the evidence adduced on the hearing, and on which the petitioner renews his application to this court.

1Opinion of the Court

BRICKELL, C. J. —

It appears from the record presented to this court, that the relator was, by one Fuller, a justice of the peace of Montgomery county, convicted of an assault and battery, without the use of a stick or weapon, and sentenced to pay a fine of fifteen dollars, and the costs of prosecution, amounting to eight 25-100 dollars. Failing to pay or secure the fine and costs, the mittimus addressed to the sheriff, which is the only warrant or authority for the detention of the relator, returned in answer to the writ of habeas corpus, recites : “in default of the payment of said fine and…

2Cited by23 opinions

  1. Hale v. StateSupreme Court of Alabama · 2002
  2. Kirby v. StateSupreme Court of Alabama · 1878
  3. Ferguson v. StateCourt of Criminal Appeals of Alabama · 1990
  4. C.L.C. v. D.W.R.Supreme Court of Alabama · 2004
  5. City of Birmingham v. PerryAlabama Court of Appeals · 1960

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