State ex rel. Attorney General v. Speake
Supreme Court of Alabama
Original petition in the Supreme Court. Writ of prohibition on the part of the State of Alabama, on the relation of the Attorney General, to prohibit Hon. D. W. Speake, as Judge of the Eighth Judicial Circuit, from entertaining a writ of habeas corpus on behalf of Ben F. Strange, alleged to be in the custody of the sheriff of Morgan county under a warrant or order for contempt issued by Hon. Thomas W. Wert, as Judge of the Morgan County Law and Equity Court, sitting in…
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Original petition in the Supreme Court. Writ of prohibition on the part of the State of Alabama, on the relation of the Attorney General, to prohibit Hon. D. W. Speake, as Judge of the Eighth Judicial Circuit, from entertaining a writ of habeas corpus on behalf of Ben F. Strange, alleged to be in the custody of the sheriff of Morgan county under a warrant or order for contempt issued by Hon. Thomas W. Wert, as Judge of the Morgan County Law and Equity Court, sitting in equity. The regularity of the judgment committing for contempt cannot be called into question by habeas corpus.—Ex parte…
1Opinion of the CourtAnderson, C. J.
“The writ of habeas corpus has been defined, or rather described, as That legal process which is employed for the summary vindication of the right of personal liberty when illegally restrained.’— Hurd on Habeas Corpus, 129. It is a common-law writ, employed by the courts of common law, of superior ju*428risdiction, and the court'of chancery, before the enactment of statutes regulating its use. These statutes have not been construed as diminishing the common-law jurisdiction of the courts in the employment of the writ. They are regarded as 'increasing the facilities for procuring it, enlarging the…
2Cases cited7 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Kirby v. StateSupreme Court of Alabama · 1878
- Ex parte McKivettSupreme Court of Alabama · 1876
- Bass & Co. v. BensonSupreme Court of Alabama · 1908
- Fourment v. StateSupreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- State Ex Rel. Kunkel v. Laporte Circuit CourtIndiana Supreme Court · 1936
- Ex Parte BoykinsSupreme Court of Alabama · 2002
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- Ex Parte RockholtSupreme Court of Alabama · 1960
12 more not listed; retrieve them via the Exa API.