Legal Opinion

Ex parte State ex rel. Attorney General

Supreme Court of Alabama

Decided April 7, 1907PublishedCited by 29 opinions

Original Petition in the Supreme Court. Petition by the state on tlie relation of tlie Attorney-General for a writ of prohibition to restrain tlie Hon. S. L. Weaver, one of the judges of the Jefferson criminal court, from hearing and determining habeas corpus proceedings sued out by one' convicted in another court, and committed to tlie Jefferson county jail for safe keeping, after conviction and sentence.

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Original Petition in the Supreme Court. Petition by the state on tlie relation of tlie Attorney-General for a writ of prohibition to restrain tlie Hon. S. L. Weaver, one of the judges of the Jefferson criminal court, from hearing and determining habeas corpus proceedings sued out by one' convicted in another court, and committed to tlie Jefferson county jail for safe keeping, after conviction and sentence. John Williams was convicted in the circuit court of Cullman county of murder, and sentenced to be hanged. He appealed to this court, and pending said appeal sentence was suspended, and he…

1Opinion of the Court

TYSON, G. J.

The petition in this case is for a writ of prohibition, and was exhibited to Hon. B. I). Weakley, the then Chief Justice of this court, in vacation, who.issued a rule nisi returnable to this term of this court. In obedience to the rule issued, the judge to whom it was directed answered, admitting all the material averments of the petition, but denied that his acts as judge constituted a usurpation of jurisdiction or power,, or that the power conferred upon him by law was abused, or that, his jurisdiction had been exceeded in any particular. This matter of controversy arises over…

2Cases cited13 opinions

  1. Ableman v. BoothSupreme Court of the United States · 1859
  2. In Re JohnsonSupreme Court of the United States · 1897
  3. Nobles v. GeorgiaSupreme Court of the United States · 1897
  4. Ex parte WalkerSupreme Court of Alabama · 1854
  5. Ex parte SmithSupreme Court of Alabama · 1853

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. State Ex Rel. Kunkel v. Laporte Circuit CourtIndiana Supreme Court · 1936
  2. Copeland v. Warden, State PrisonSupreme Court of Connecticut · 1993
  3. Hart v. BestSupreme Court of Colorado · 1949
  4. Bulger v. PeopleSupreme Court of Colorado · 1916
  5. State v. Superior Court of Pinal CountyArizona Supreme Court · 1921

24 more not listed; retrieve them via the Exa API.

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