State ex rel. Miller v. Hermann
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by the state on the relation of Albert P. Miller, for an order restraining F. W. Hermann, a justice of the peace, from issuing warrants of arrest. The petition was dismissed and petitioner appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by the state on the relation of Albert P. Miller, for an order restraining F. W. Hermann, a justice of the peace, from issuing warrants of arrest. The petition was dismissed and petitioner appeals. Prohibition is the remedy in this case. — Ex parte Rucker, 108 Ala. 249. The main question in this case is whether or not criminal jurisdiction had been restored to justices of the peace in Mobile county. At the time of the adoption of the Code they had no jurisdiction and unless section 6733 grants such…
1Opinion of the CourtDowdell, C. J.
This is a petition by Albert C. Miller, a duly qualified and acting constable in ward No. 2 of the city of Mobile, seeking to restrain the respondent, a duly qualified and acting justice of the peace of said ward, in said city, from exercising jurisdiction and issuing warrants on affidavits for the arrest of persons
*130charged with the violation of the criminal laws of the state. The petition is based on the alleged want of jurisdiction and authority in said respondent, as a justice of the peace, under the law, to take affidavits and issue warrants of arrest in criminal cases.
There is no pretense…
2Cases cited3 opinions
- State v. SpurlockSupreme Court of Alabama · 1909
- State ex rel. Bryan v. McDuffieSupreme Court of Alabama · 1875
- Ex parte RuckerSupreme Court of Alabama · 1895