Ex parte Trice
Supreme Court of Alabama
Application for mandamus. — The petitioner, Hannah Trice, was indicted in the circuit court of Blount, for arson. Having been arrested on a capias, she gave bail for her appearance to answer. On the last day of the fall term, 1874, the circuit judge (Hon. W. J. Haralson), on motion of the solicitor, ordered an inquiry into her sanity. This was had in her absence, and without any notice to her; but counsel represented her, and reserved exceptions in her behalf.
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Application for mandamus. — The petitioner, Hannah Trice, was indicted in the circuit court of Blount, for arson. Having been arrested on a capias, she gave bail for her appearance to answer. On the last day of the fall term, 1874, the circuit judge (Hon. W. J. Haralson), on motion of the solicitor, ordered an inquiry into her sanity. This was had in her absence, and without any notice to her; but counsel represented her, and reserved exceptions in her behalf. The court made an order, discharging her from the custody of her bail, and directing the sheriff to take her into custody, and confine…
1Opinion of the CourtBrickell, C. J.
It is the duty of the court, on a proper application by a party injured or affected by any final order, judgment, or decree, void on its face, to vacate it, at any time subsequent to its rendition. Johnson v. Johnson, 40 Ala. 247. A motion to the court in term time, entered on the motion docket, is a proper application.
The statute (R. C. § 1060) authorizes the judge of the circuit court, when any person is in confinement under indictment, or on any other than civil process, and appears to be insane, to institute an inquiry into his sanity, and, if necessary, to call a jury to determine the…
2Cases cited7 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Eslava v. LepretreSupreme Court of Alabama · 1852
- McCurry v. HooperSupreme Court of Alabama · 1848
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Ex parte PetersonSupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robinson v. StateCourt of Criminal Appeals of Alabama · 1982
- Frederic v. WilkinsSupreme Court of Alabama · 1913
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Ex Parte State Ex Rel. PattersonSupreme Court of Alabama · 1958
- Ex Parte CunninghamAlabama Court of Appeals · 1924
6 more not listed; retrieve them via the Exa API.