Guilford v. Hicks
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In this case, Mrs. Cassy Ann Hicks filed her petition in the office of'the probate judge of said, county, on the 9th August, 1859, alleging that her daughter, Patience L-Hicks, and her grand-daugliter, Cassy Ann S. Hicks, the daughlor of said Patience L. Ilic'ks, (both being infants under the age of twenty-one years,') were illegally -restrained of their liberty, and held as slaves, by John Guilford; and praying that the writ of habeas…
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Appeal from the Probate Court of Henry. In this case, Mrs. Cassy Ann Hicks filed her petition in the office of'the probate judge of said, county, on the 9th August, 1859, alleging that her daughter, Patience L-Hicks, and her grand-daugliter, Cassy Ann S. Hicks, the daughlor of said Patience L. Ilic'ks, (both being infants under the age of twenty-one years,') were illegally -restrained of their liberty, and held as slaves, by John Guilford; and praying that the writ of habeas corpus might issue, to inquire into the cause of such illegal detention. Notice of this application having been served…
1Opinion of the CourtStone, J.
The trial of this case was had before Geo. W. Williams, judge of probate for Flenry county, and not before the probate court of that county.-Code, §§ 8710, et seq.; Ex parte Bennett, 30 Ala. 461. Hence, the judgment of that tribunal can not be brought before this court for review, by appeal. — Code, § 3016.
[2.] Conceding, however, that the case is before us on a proper motion, let us inquire whether the applicant is entitled to any relief. The petition avers, that Patience L. Iiicks and her child are free white persons. The bill of exceptions, sealed on the trial, sets out certain evidence-as…
2Cases cited3 opinions
- Ex parte BurnettSupreme Court of Alabama · 1857
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- Fulton Ins. v. Milner, Tinsley & Co.Supreme Court of Alabama · 1853
3Cited by6 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Thomas v. StateSupreme Court of Alabama · 1926
- Armistead v. Confederate StatesSupreme Court of Alabama · 1863
- Matthews v. HobbsSupreme Court of Alabama · 1874
- Thomas v. StateAlabama Court of Appeals · 1926
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