Montiel v. Holcombe

KNIGHT, Justice.

Bill by complainant, appellant here, to restrain and enjoin W. H. Holcombe, as Sheriff of Mobile County, and Bart B. Chamberlain, as Solicitor of the Thirteenth Judicial Circuit of Alabama, from the prosecution of appellant under an indictment, presented by the Grand Jury of said county against him, at the January Term, 1940, of the Circuit Court of Mobile County.

Upon the filing of the bill, the said sheriff and solicitor appeared in court and moved to strike the bill of complaint upon numerous grounds, among others, that the suit was one essentially against the state, in that…